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18 Dec 2018, 3:11 pm by David E. Bernstein
No, a Texas school district did not require speech pathologist Bahia Amawi to sign a "pro-Israel pledge," nor even to promise not to personally boycott Israel.Speech pathologist Bahia Amawi, who works as a contractor for the Pflugerville Independent School District in Texas, has filed a lawsuit claiming that an anti-boycott-of-Israel pledge she was asked to sign violates her First Amendment right to freedom of speech. [read post]
13 Dec 2018, 12:14 pm by David E. Bernstein
Here is the abstract: This Response addresses Professors Joseph Fishkin and David Pozen's Asymmetric Constitutional Hardball. [read post]
12 Dec 2018, 2:59 pm by David E. Bernstein
The liberal-dominated federal court of appeals lets its partisan and ideological freak flags fly.A friend passed along the schedule for the federal Ninth Circuit Court of Appeals official 2019 mid-winter meeting. [read post]
5 Dec 2018, 7:25 am by Ilya Somin
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]
3 Dec 2018, 8:17 am by Howard Friedman
Hudson, Justice Kennedy and the First Amendment, (9 HLRe 49 (2019)).David Eliot Bernstein, The Boundaries of Antidiscrimination Laws, (George Mason University Legal Studies Research Paper No. [read post]
20 Nov 2018, 6:55 am by David E. Bernstein
Antidiscrimination laws are here to stay, but they must not trump constitutional rights.My essay, The Boundaries of Antidiscrimination Laws, has been published in an excellent new book, The Cambridge Handbook of Classical Liberal Thought, edited by the University of Chicago Law School's Todd Henderson. [read post]
20 Nov 2018, 6:55 am by David E. Bernstein
Antidiscrimination laws are here to stay, but they must not trump constitutional rights.My essay, The Boundaries of Antidiscrimination Laws, has been published in an excellent new book, The Cambridge Handbook of Classical Liberal Thought, edited by the University of Chicago Law School's Todd Henderson. [read post]
17 Nov 2018, 4:58 am by David E. Bernstein
The ACLU no longer even pretends to believe in civil liberties.In the late 1960s, the ACLU was a small but powerful liberal organization devoted to a civil libertarian agenda composed primarily of devotion to freedom of speech, free exercise of religion, and the rights of accused criminals. [read post]
17 Nov 2018, 4:58 am by David E. Bernstein
The ACLU no longer even pretends to believe in civil liberties.In the late 1960s, the ACLU was a small but powerful liberal organization devoted to a civil libertarian agenda composed primarily of devotion to freedom of speech, free exercise of religion, and the rights of accused criminals. [read post]
16 Nov 2018, 6:37 am by Jim Sedor
A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. [read post]
8 Nov 2018, 3:36 am by David E. Bernstein
Donald Trump says exactly the wrong thing in response to a question about anti-Semitism, mainstream Jew-haters Jew-hate, and a new study shows that bigotry has declined under Trump.On Monday I wrote, "It doesn't help that neither the mainstream American right or left exhibits much sensitivity to Jewish concerns about anti-Semitism. [read post]
5 Nov 2018, 6:18 pm by David E. Bernstein
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free SpeechVolokh Conspiracy readers are invited to a conversation with two renowned First Amendment experts, the VC's own Eugene Volokh and Nadine Strossen (former president of the ACLU). [read post]
5 Nov 2018, 1:58 pm by David E. Bernstein
The percentage of Americans with anti-Semitic attitudes has been stable, but anti-Semites are more active, more visible, and more willing to express their views than in the past.I've been hearing from Jewish friends I respect, even before the Pittsburgh shooting, that they perceive that anti-Semitism is on the rise in the U.S. [read post]
4 Nov 2018, 10:56 am by Schachtman
Oct. 5, 2015) (Bernstein, J.), and Op. sur Appellate Issues (Phila. [read post]
4 Nov 2018, 6:21 am by David E. Bernstein
In September, Obama senior advisor David Axelrod declared outright, and in an outright lie, that the "benign-sounding Americans for Prosperity, the American Crossroads fund" are "front groups for foreign-controlled companies. [read post]
2 Nov 2018, 7:32 pm by Schachtman
., David Kaye, David Bernstein, and Jennifer Mnookin, The New Wigmore – A Treatise on Evidence: Expert Evidence § 12.6.4, at 546 (2d ed. 2011); Michael O. [read post]
28 Oct 2018, 4:14 pm by David E. Bernstein
In Short, Probably NotIn the aftermath of the horrific murders at a synagogue in Pittsburgh on Saturday, a good part of the media, social and otherwise, wishes to blame Donald Trump. [read post]
22 Oct 2018, 6:11 am by Noble McIntyre
Using David Bernstein of Focus Group Oklahoma in Norman, Oklahoma, we put the facts in front of real people and used what they told us to reshape out the opening statement. [read post]
6 Oct 2018, 2:10 pm by David E. Bernstein
I don't sign such letters unless I fully agree with every assertion made.2,500 or so law professors signed a letter, published in the New York Times, stating that Brett Kavanaugh should not be confirmed to the Supreme Court because his performance at the Ford-Kavanaugh hearing showed that he lacks the requisite judicial temperament. [read post]
2 Oct 2018, 3:10 am by David E. Bernstein
An exchange I had with a fellow law professor revealed disagreement over whether Christine Ford's refusal to turn over any of her records of the therapy sessions in which she discussed the alleged incident involving Brett Kavanaugh, even in redacted form, to the Senate Judiciary Committee, undermines her credibility. [read post]