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22 Aug 2010, 3:14 am
As a matter of constitutional construction, I think there is a lot to be said for the courts adopting a general posture of deference to the elected branches on constitutional matters, but only if a reasonable observer would be satisfied that Congress and the Executive took their duty to ensure the constitutionality of the legislation they passed seriously. [read post]
24 May 2010, 6:36 am
(David Bernstein) I want to analyze two positions that I’ve seen liberals take on the role of government in promoting civil rights and antidiscrimination norms. [read post]
27 Jan 2012, 12:00 pm
The problem with the article is that Lewis seems to think that this is more or less the end of the matter. [read post]
6 Sep 2012, 12:54 pm
Professor Bernstein is also an expert on the “Lochner era” of American constitutional jurisprudence. [read post]
24 Jun 2011, 4:27 am
(David Bernstein) In Justice Breyer’s dissent in Sorrell v. [read post]
7 Apr 2014, 11:35 am
LAW LIBRARY level 3: KD1975 .B47 2013Robby Bernstein, Economic Loss, 3d ed. [read post]
5 Feb 2011, 5:50 am
(David Bernstein) As regular readers know, I’m often critical of the New York Times’ reporting on various matters. [read post]
14 Mar 2011, 7:58 am
(David Bernstein) With U.S. [read post]
5 Jan 2015, 9:55 am
No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. [read post]
29 Aug 2012, 7:22 pm
I think even these figures overstate matters. [read post]
28 Apr 2012, 5:24 am
A judge upheld the ruling, finding that the twins had claimed minority status in bad faith.I have to admit being under the impression until now that as a legal matter, minority status was an in issue of self-reporting. [read post]
25 Oct 2009, 2:22 pm
At the Volokh blog, David Bernstein has a post about those "touchy Canadians. [read post]
3 Jun 2011, 10:06 am
(David Bernstein) Brian Leiter:Another Advantage Aspiring Law Teachers on the Right Have Over OthersIt’s programs like this, which employ ideological criteria for eligibility. [read post]
4 Aug 2014, 6:00 am
Author informationBeth BernsteinAssociate at Mouledoux, Bland, Legrand & BrackettBeth Bernstein is an associate at Mouledoux, Bland, Legrand & Brackett. [read post]
17 May 2019, 2:49 pm
Professor Beebe suggested that their interests should matter too, and that they could be benefiting from information imparted by trademarks, even if a (lesser) number of consumers are getting the wrong message. [read post]
10 Mar 2021, 7:34 am
Whether a matter is escalated from examinations to an enforcement matter depends on a number of factors, she said. [read post]
14 Dec 2011, 8:06 pm
(David Bernstein) Several readers forwarded to me a link to a recent article in Democracy by Professor Jedediah Purdy, with requests to comment on it. [read post]
13 Dec 2010, 9:51 am
Does that mean that I, or anybody else, has to accept that as a “descriptive” matter, Obamacare is in fact constitutional? [read post]
4 Aug 2010, 6:50 am
(David Bernstein) Like Orin, I recommend Vermuele’s interesting and thoughtful review essay in the New Republic. [read post]
15 Jul 2012, 7:12 pm
Whether Roberts voted correctly or not, his handling of the whole matter hardly inspires confidence. [read post]
