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2 Mar 2017, 6:30 am by Dan Ernst
David Bernstein, George Mason University Antonin Scalia Law School, has posted The History Of ‘Substantive’ Due Process: It's Complicated, which appeared in the Texas Law Review 95 (2016): 1-11:The history of what has come to be known as substantive due process is fraught with political implications, even more so now that same-sex marriage has joined abortion as a right protected by the Court under the rubric of due process. [read post]
13 Jan 2011, 7:15 pm by David Bernstein
(David Bernstein) According to the National Law Journal, the ABA is considering dropping its requirement that law school applicants take the LSAT. [read post]
2 Nov 2011, 10:49 am by David Bernstein
(David Bernstein) This is VERY funny. [read post]
17 Sep 2009, 6:09 pm
In a recent post, co-blogger David Bernstein rightly chides for omitting political ignorance from my post on Jewish perceptions of the religious right. [read post]
7 Oct 2007, 9:10 pm
I agree entirely with David Bernstein's previous post: affirmative action in higher education should not be categorically forbidden, but it should be both more transparent and better designed. [read post]
31 May 2012, 6:17 am by David Bernstein
(David Bernstein) An interesting article by Steve Horwitz, written for laypeople, on the Schechter Poultry case. [read post]
8 Jan 2012, 1:18 pm by David Bernstein
(David Bernstein) Yeye, Kai-Lan’s grandfather, and the late Milton Friedman. [read post]
28 Oct 2019, 7:50 am by Howard Bashman
“On Spanish people and affirmative action”: David Bernstein has this post at “The Volokh Conspiracy. [read post]
7 Jul 2007, 5:33 pm
And thanks to David Bernstein for his blog-birthday greetings, including a reminiscence of the days when this kind of publishing was quite new. [read post]
29 Feb 2008, 2:02 pm
My coblogger David Bernstein wrote, in a comment to my preference-for-agnostic-parent hypothetical,... [read post]
2 Dec 2010, 4:42 am by David Bernstein
(David Bernstein) Today is the first day of the holiday. [read post]
10 Dec 2010, 11:09 am by David Bernstein
(David Bernstein) my George Mason Law School colleague Jonathan Mitchell. [read post]
29 May 2007, 2:05 pm
From the Canadian Press, Jan. 25, 2007 (via Daniel Pipes and David Bernstein):... [read post]
24 Apr 2007, 7:04 pm
Penn State University, the case David Bernstein mentioned below. [read post]
17 Aug 2012, 1:24 pm by David Bernstein
(David Bernstein) An interesting essay by my colleague Adam Mossoff. [read post]
15 Aug 2007, 6:08 am
[David Bernstein, January 17, 2006 at 9:14am] Trackbacks Housing Bubble is Really a Credit Bubble?... [read post]
8 Dec 2013, 10:07 am by Schachtman
David Bernstein is a Professor at the George Mason University School of Law. [read post]
19 Mar 2013, 8:00 am by Dan Ernst
David Bernstein, George Mason University School of Law, has posted an important article from his backlist, Philip Sober Controlling Philip Drunk: Buchanan v. [read post]
5 Nov 2015, 7:16 am by David Bernstein
Here’s a taste of the latter: Here [Bernstein] has undertaken a large but important task, and we should be grateful that he has performed it so thoroughly. [read post]
7 May 2020, 9:30 pm by Dan Ernst
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Class Legislation, Fundamental Rights, and the Origins of Lochner and Liberty of Contract, which appears in the George Mason Law Review 26 (2019): 1923-1047:While legal scholars and historians have criticized many judicial doctrines from the pre-New Deal period, critics have been especially scathing in their attacks on the “liberty of contract” doctrine enforced most famously in Lochner v. [read post]