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14 May 2020, 12:05 pm
[The book and mini-series imagine Pres. [read post]
12 May 2020, 5:47 pm
[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
[No, such individuals are pledged to violate university policy, civil rights laws, and academic freedom.] [read post]
11 May 2020, 10:06 am
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
[A strange affirmative action classification in Boston suggested that the answer is no.] [read post]
8 May 2020, 3:47 am
Rev. 1 (2015); David E. [read post]
7 May 2020, 9:30 pm
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
[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]
[David Bernstein] What Motivated the Supreme Court's pre-New Deal Liberty of Contract Jurisprudence?
4 May 2020, 1:17 pm
[I have a new article reviewing the latest developments in the debate among legal historians.] [read post]
22 Apr 2020, 7:22 am
[My law school is. [read post]
18 Apr 2020, 10:09 am
., 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
[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
[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
Kushner, Bernstein told me, “really sees himself as a disrupter. [read post]
31 Mar 2020, 9:53 am
[The strange career of a fanciful projection] You have probably seen the headlines. [read post]
26 Mar 2020, 3:41 pm
[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
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]
9 Mar 2020, 2:19 pm
You almost got me, Bernstein. [read post]
6 Mar 2020, 10:32 am
The Liberty and Law Center at the Antonin Scalia Law School is looking for a Free Speech Clinic Fellow to run its Free Speech Clinic for law students, which was launched in Fall of 2018. [read post]