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15 May 2020, 6:18 pm by David Bernstein
[An interesting take from an expert on race and medicine.] [read post]
12 May 2020, 5:47 pm by David Bernstein
[The first major affirmative action case went down in history as a case about "reverse discrimination" favoring blacks, but the underlying facts were more complicated.] [read post]
12 May 2020, 8:15 am by David Bernstein
[No, such individuals are pledged to violate university policy, civil rights laws, and academic freedom.] [read post]
11 May 2020, 10:06 am by David Bernstein
As regular VC readers are aware, there is ongoing litigation in the federal courts regarding whether laws requiring government contractors to sign a form stating that their business does not boycott Israel and people and businesses who do business with Israel violate the contractors' right to freedom of speech. [read post]
8 May 2020, 6:09 am by David Bernstein
[A strange affirmative action classification in Boston suggested that the answer is no.] [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]
5 May 2020, 5:20 am by David Bernstein
[My article explores how the standard racial category boxes that we are asked to check came to be, and what proof the government requires of belonging to a minority group.] [read post]
4 May 2020, 1:17 pm by David Bernstein
[I have a new article reviewing the latest developments in the debate among legal historians.] [read post]
18 Apr 2020, 10:09 am by Eugene Volokh
., fights when the students come to school)—a matter on which lower courts are unsettled—David Bernstein (InstaPundit) points out that "the schools are closed for the academic year due to Covid-19, and the students are high school seniors. [read post]
17 Apr 2020, 5:55 am
Posted by , on Friday, April 17, 2020 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of April 10–16, 2020 Protecting Investors in a Time of Crisis: A Response to Those Who Would Utilize COVID-19 to Eviscerate Investor Protection Posted by Mark Lebovitch, Jeroen van Kwawegen, and Greg Varallo, Bernstein Litowitz Berger & Grossmann LLP, on Friday, April 10, 2020 Tags: COVID-19, Derivative… [read post]
10 Apr 2020, 5:43 pm by David Bernstein
[A National Academy of Sciences report suggests not, but that report gets some basic facts wrong] One of the great unknowns regarding Covid-19 is whether, like many other viruses, it will have strong seasonality and its spread will slow dramatically in the Summer. [read post]
7 Apr 2020, 6:02 pm by David Bernstein
[Basic statistics once again eludes mainstream journalism] Given the contact many grocery store workers have with the public, they would seem to be potentially at special risk from Covid-19. [read post]
3 Apr 2020, 4:22 am by SHG
Kushner, Bernstein told me, “really sees himself as a disrupter. [read post]
31 Mar 2020, 9:53 am by David Bernstein
[The strange career of a fanciful projection] You have probably seen the headlines. [read post]
26 Mar 2020, 3:41 pm by David Bernstein
[How much risk of loss of life people are willing to accept likely depends on how one asks the question] When I was in law school, my Torts professor was Dean (now Judge) Guido Calabresi, affectionately known to everyone as Guido. [read post]
20 Mar 2020, 10:16 am by David Bernstein
The focus of public discussion has been on lowering mortality (and to a lesser extent morbidity) rates, and a lot less attention has been focused on the countervailing costs of drastic containment measures. [read post]