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3 Feb 2020, 5:34 pm by David Bernstein
[It depends on the judge you get] I've been busy sending out my new draft article, "The Modern American Law of Race," to law reviews. [read post]
3 Feb 2020, 2:16 pm by David Bernstein
[The Democrats could have, but did not, make the case that Trump is unfit to hold office] I was listening to NPR in my car today and heard one of the House managers make the case that I though the Democrats should have made all along–that Trump's Ukrainian mess was not a one-off, but part of a very troubling pattern of behavior by the president that renders him unfit to hold office. [read post]
29 Jan 2020, 11:00 am by David Bernstein
[Despite the constant refrain from both the left and right (blaming each other), a new ADL survey shows that antisemitism in the U.S. has not risen.] [read post]
28 Jan 2020, 1:25 pm by Tom Kosakowski
(IOA DE Nomination.)Past recipients of this award have included:Vicky Brown, University of Central Florida John Carter, The Citadel Ingrid Clarke, Southern Illinois University Claudia D'Albini, University of Arizona Wendy Friede, American ExpressHoward Gadlin, National Institutes of Health Tim Griffin, Northern Illinois University Helen Hasenfeld, California Institute of Technology Wilbur Hicks, International Monetary Fund Wendell Jones, Sandia National… [read post]
23 Jan 2020, 5:09 am by David Bernstein
A post by Robert Van Horn at the blog of Stigler Center of University of Chicago's Business school asserts that "from 1946 throughout the 1950s, corporations made possible and crucially supported the rise of Chicago law and economics through funding and advice…" He implies that corporate involvement influenced the normative positions of Chicago School economics, in particular skepticism of antitrust laws. [read post]
20 Jan 2020, 3:35 pm by David Bernstein
[Because they have a favorable opinion of Jews] A new academic paper published in Politics and Religion explores the source of evangelical Christian support for Israel. [read post]
17 Jan 2020, 3:01 am by Walter Olson
Bernstein, Felhaber Larson]; confidentiality in workplace investigations and use of company email systems [Jon Hyman] California Agricultural Labor Relations Board adopts a regulation entitling union organizers to enter farms whether owners approve or no. [read post]
13 Jan 2020, 4:30 am by Howard Friedman
(London: Routledge), Forthcoming).David A. [read post]
8 Jan 2020, 9:14 am by David Bernstein
[No, yes, then no again said the State of Washington, ultimately upheld by the federal Ninth Circuit Court of Appeals] Statutes that define African Americans or Blacks typically define them as individuals with "origins in any of the Black racial groups of Africa. [read post]
2 Jan 2020, 11:55 am by Eugene Volokh
") As David Bernstein has pointed out, the problem here partly stems from the view that public comments by students, professors, and others can violate antidiscrimination law if they create a "hostile educational environment" based on race, religion, sex, sexual orientation, gender identity, national origin, and the like. [read post]
16 Dec 2019, 4:00 am by Noel Semple
On October 25 & 26, Windsor Law proudly hosted the 2019 conference of the Canadian Association for Legal Ethics. [read post]
16 Dec 2019, 3:06 am by Walter Olson
Claiborne Hardware [Eugene Volokh first and second posts on Arkansas challenge, David Bernstein first and second posts] My own views on anti-Israel-boycott and anti-BDS laws here, and related; Officials in Lafayette County, Wisconsin quickly back off “completely bananas” suggestion of prosecuting news outlets that report “selectively” on water quality test results [Bruce Vielmetti, Milwaukee Journal-Sentinel, Patrick Marley update] Some IP claims are… [read post]
15 Dec 2019, 9:05 pm by Gillian E. Metzger
David Bernstein argues for skepticism about administrative constitutionalism out of concern that agencies will push constitutional concerns that accord with their missions at the expense of other constitutional rights. [read post]
13 Dec 2019, 2:17 pm by David Bernstein
[This is really getting ridiculous, and I'd be embarrassed for the Times if I thought its editors were capable of being embarrassed these days] The Times has a piece today suggesting the order has "divided" the Jewish community, even though all mainstream groups, including liberal groups like the ADL, support it. [read post]
12 Dec 2019, 11:34 am by David Bernstein
As for measured substantive criticism, David Schraub in The Atlantic provides a useful and thoughtful summary of criticism from the left. [read post]
11 Dec 2019, 5:00 pm by David Bernstein
[Once can be an honest mistake; now it looks intentional] The Times caused a freakout yesterday when it both misleadingly reported that the Trump administration was poised to issue an executive order "redefining Judaism as a nationality," and failed to provide any context, including the fact that both the Bush II and Obama administrations had used the same reasoning as the Trump executive order, to wit: Jews are covered by Title VI's prohibition on race and national-origin… [read post]
11 Dec 2019, 1:00 pm by David Bernstein
[No, the order does not "interpret Judaism as a nationality"] Lots of my friends on social media were up in arms over a New York Times report last night that stated that the Trump administration was poised to sign an executive order that would "interpret Judaism as a nationality. [read post]
11 Dec 2019, 10:09 am by Eugene Volokh
Credit: My coblogger David Bernstein first alerted me to this, by blogging about an earlier survey on the subject in 2014. [read post]
11 Dec 2019, 5:26 am by David Bernstein
[An extraordinary letter from Amnesty Canada suggests that public universities shouldn't allow pro-Israel events to proceed] On November 20, a pro-Israel group at York University hosted an event entitled "Reservists on Duty: Hear from former Israeli Defence Force soldiers. [read post]