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3 Nov 2022, 6:20 am by David Bernstein
One originalist argument in favor of allowing the government to engage in "race-conscious" policies is that the post-Civil War Freedmen's Bureau was established to assist freedmen and refugees, the vast majority of whom were black, as Congress was well aware. [read post]
2 Nov 2022, 7:44 am by David Bernstein
[Counsel for UNC did not know which box students of Middle Eastern Origin are supposed to check.] [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
Justice Alito Justice Alito apparently reviewed David Bernstein's amicus brief, prepared by Cory Liu. [read post]
31 Oct 2022, 2:36 pm by Ilya Somin
" Ironically, as David Bernstein notes, Afghan applicants are usually classified as "white," rather than Asian. [read post]
” Racial classifications are arbitrary and undermine diversity efforts Professor David E. [read post]
26 Oct 2022, 7:40 am by David Bernstein
In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. [read post]
23 Oct 2022, 2:18 pm by David Bernstein
Here is the first sentence of the second paragraph in Harvard's brief: This Court has consistently held that universities conducting such holistic review need not ignore that a person's race—like their home state, national origin, family background, or interests—is part of who they are, and that in seeking the benefits of a diverse student body, universities may consider race as one among many factors provided they satisfy strict scrutiny. [read post]
19 Oct 2022, 8:03 am by David Bernstein
A Telemundo debate resulted in this colloquy between the moderator and mayoral candidate Rick Caruso: "The next mayor of Los Angeles will be either an African American woman or a white man. [read post]
17 Oct 2022, 5:00 am by David Bernstein
I was a bit perplexed that in defending YLS's commitment to free speech, Dean Gerken noted that "the faculty revised our disciplinary code and adopted a policy prohibiting surreptitious recordings that mirrors policies that the University of Chicago and other peer institutions have put in place to encourage the free expression of ideas. [read post]
15 Oct 2022, 1:11 pm by David Bernstein
[Government-dictated racial and ethnic classifications fail to account for the diversity within categories.] [read post]
14 Oct 2022, 10:00 am by Paul Caron
David Bernstein (George Mason), Berkeley Law's "Jew-Free Zone" Controversy David Bernstein (George Mason), Some Berkeley Law "Jew Free Zone" Updates Bloomberg Law, Tweedy Law School Deans Break Out Calculators Paul Caron (Dean, Pepperdine), 14% Of The Way Through The... [read post]
14 Oct 2022, 8:47 am by David Bernstein
Re the controversy over nine student groups banning speakers who think Israel should exist. [read post]
13 Oct 2022, 5:59 am by David Bernstein
Two 2019 alumni of Berkeley Law School, Nir Maoz and Olivia Wittels, are concerned that the recent attention given to the "no speakers who support Israel's existence" rule adopted by nine student groups at the law school is giving people a false impression of the school. [read post]
10 Oct 2022, 1:00 pm by Eugene Volokh
Given David Bernstein's and my posts here on this controversy, I thought I'd pass along this statement from various UC Berkeley Law School faculty members, which was released late last week: We hereby endorse the principle of free and open speech at the law school. [read post]
9 Oct 2022, 9:14 am by David Bernstein
Following up on Friday's post about several major student groups at Berkeley Law pledging not to invite "speakers that have expressed and continued to hold views … in support of Zionism, the apartheid state of Israel, and the occupation of Palestine. [read post]
7 Oct 2022, 10:00 am by Scott Fruehwald
Some Say There Is a Better Way David Bernstein (George Mason), Why Are Constitutional Law Professors Angry at the Supreme Court? [read post]
7 Oct 2022, 6:19 am by David Bernstein
In August, nine student groups at Berkeley law school signed a statement sponsored group Berkeley Law Students for Justice in Palestine pledging not to invite "speakers that have expressed and continued to hold views … in support of Zionism, the apartheid state of Israel, and the occupation of Palestine. [read post]