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12 Jan 2017, 5:09 am by David Bernstein
By raising Lochner as a bogeyman, especially in an inapposite doctrinal context, Breyer has once again violated what I have dubbed Bernstein’s Law for constitutional litigation: The first side to raise Lochner, especially in a case not involving the scope of the due process clause, automatically loses. [read post]
17 May 2010, 5:06 am by David Bernstein
(David Bernstein) Berkeley Law School Dean Christopher Edley Jr. writes: In fact, law schools strive for an elitism that is quite democratic in comparison with many other fields. [read post]
19 Apr 2007, 10:15 pm
David Bernstein is presiding over a thread at Volokh (Apr. 18). [read post]
14 Jun 2010, 7:31 pm by David Bernstein
(David Bernstein) I blogged about this show on Jan. [read post]
19 Mar 2011, 7:21 am by David Bernstein
(David Bernstein) Foreign Policy:British Prime Minister David Cameron said on Tuesday that Arab sentiment was, “if you don’t show your support for the Libyan people and for democracy at this time, you are saying you will intervene only when it’s about your security, but you won’t help when it’s about our democracy. [read post]
31 May 2010, 2:20 pm by David Bernstein
(David Bernstein) Noah Pollak: Those who sent an elite unit into a hostile confrontation armed with toy weapons made an incredibly stupid decision. [read post]
7 Dec 2021, 2:55 pm by Dennis Crouch
  The program is chaired by Scott Alter (Michael Best) and David Bernstein (Debevoise). [read post]
19 Jan 2018, 8:05 am by Jonathan H. Adler
" Speakers will include legal academics, such as Martin Redish, Tamara Piety, Samuel Bagenstos, Gus Hurwitz, David Vladeck, and Shep Melnick, in addition to practitioners and policy experts, such as Coleen Klasmeier, Andrew McLaughlin, Mike Godwin, Alan Butler, and Harold Kim, as well as Volokh Conspirators Eugene Volokh and David Bernstein. [read post]
8 Jan 2012, 7:29 am by David Bernstein
(David Bernstein) Congratulations to my former GMUSL student and George Mason alum Josh Blackman, who will be a tenure-track lawprof at South Texas Law School starting this Fall. [read post]
8 Dec 2014, 10:30 am
Among my favorite books by VC authors are Randy Barnett’s Restoring the Lost Constitution , David Bernstein’s Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
11 May 2010, 8:22 pm by David Bernstein
(David Bernstein) Mary Dudziak is right regarding Elena Kagan: “let’s focus on her ideas and accomplishments, and not on the unsurprising idea of a single Supreme Court nominee. [read post]
1 May 2011, 6:39 pm by David Bernstein
(David Bernstein) I’m sure many people have been discouraged from seeing Atlas Shrugged Part I because of its terrible reviews.I saw the movie with my wife yesterday at the Arlington Cinema & Drafthouse (where it is showing once a day through Thursday). [read post]
11 Sep 2011, 6:15 pm by Eric Muller
David Bernstein rightly warns people on the law teaching market to take advice from their former professors at the very-top-ranked law schools with a grain of salt. [read post]
8 Feb 2012, 4:23 pm by David Bernstein
(David Bernstein) This month’s Cato Unbound is devoted to the propriety of judicial enforcement of substantive rights through the Due Process Clause.  [read post]
22 May 2011, 9:27 am by David Bernstein
(David Bernstein) AIPAC is a very effective organization, but I keep my distance because AIPAC demands that you not just be pro-Israel, but pro-Israel in a way that comports with AIPAC’s particular agenda.This was brought home to me many years ago when AIPAC decided to put Nevada Senator Chic Hecht on its s@@@tlist. [read post]
23 Sep 2011, 11:53 am by David Bernstein
(David Bernstein) Lots of folks couldn’t believe that John Mearsheimer, distinguished international relations professor at the University of Chicago, would endorse an anti-Semitic book by fringe kook anti-Semite Gilad Atzmon. [read post]
6 Aug 2011, 8:14 am by David Bernstein
(David Bernstein) The saga of Dean Ammons vendetta against Professor Lawrence Connell, revolving around trumped up charges of harassment and discrimination, gets more and more absurd. [read post]
29 Jun 2010, 1:11 pm by David Bernstein
(David Bernstein) Over at Cato Unbound, Jason Kuznicki, prompted by V.C. commenters, takes up Shelley v. [read post]