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22 Aug 2020, 8:28 am
[The New York Times, once very careful about mixing news and opinion, is now an overtly partisan newspaper] I've been reading the New York Times since fifth grade, and the quirks I've noticed over the years have been interesting. [read post]
18 Aug 2020, 7:51 am
[Having white ancestry, slaveowner or not, does not make someone less "black" if they so identify.] [read post]
17 Aug 2020, 8:40 am
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael… [read post]
[David Bernstein] What are Law Schools around the Country Doing about in-Person vs. Remote Learning?
13 Aug 2020, 2:10 pm
At George Mason's Scalia Law School, where I teach, first-year students were given the option of in-person or remote, and my understanding is that most chose in-person. [read post]
11 Aug 2020, 4:29 pm
[Harris' origins allow her to properly claim Asian or Black/African American legal status, and she has chosen the latter.] [read post]
5 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
29 Jul 2020, 2:02 pm
David Bernstein took a somewhat different approach in this 2018 post, though I read David's point there as focused on lies and distortions about Soros rather than criticisms generally (such as Kass's). [read post]
29 Jul 2020, 10:31 am
David Bernstein, Debevoise & Plimpton: intro to case/overview. [read post]
29 Jul 2020, 9:20 am
While doing some research today, I came across a student article (known as a "note" in law review parlance) from the 2006 Yale Law Journal with a provocative title: "Grutter at Work: A Title VII Critique of Constitutional Affirmative Action. [read post]
27 Jul 2020, 10:35 am
[The FDA and the NIH each require as a condition of funding that scientists break down their data by a totally unscientific "race" classifications.] [read post]
22 Jul 2020, 12:57 pm
Hans Bader (Liberty Unyielding) has a long post on the subject, and see also David Bernstein's "It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness" post below. [read post]
22 Jul 2020, 11:10 am
[Rutgers English Department says grammar is racist.] [read post]
22 Jul 2020, 10:49 am
The four panelists are: David Bernstein, Partner, Debevoise & Plimpton, LLP.Prof. [read post]
22 Jul 2020, 8:53 am
[If you've seen the Smithsonian American History Museum's "white culture" graphic, you know what I mean.] [read post]
22 Jul 2020, 3:13 am
David Franklyn, Director of the McCarthy Institute, will serve as moderator. [read post]
20 Jul 2020, 12:15 pm
[Obviously not, but the Associated Press says otherwise.] [read post]
17 Jul 2020, 9:30 pm
Golieb Fellow, NYU School of Law), "The Supreme Court just made the president more powerful"; Lisa Levenstein (University of North Carolina, Greensboro), "History shows that we can solve the child-care crisis — if we want to"; and more.ICYMI: David Bernstein on why he studies constitutional history (Volokh Conspiracy). [read post]
13 Jul 2020, 9:14 am
[Disagreeing with Josh Blackman.] [read post]
10 Jul 2020, 8:18 am
[Universities should have been prepared for the possibility that ICE would not continue to decline to enforce an existing rule.] [read post]
9 Jul 2020, 12:25 pm
[The bizarre reaction to the anti-cancel culture letter.] [read post]
