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5 Apr 2017, 10:23 am by Randy Barnett
Other previous guest authors are a “Who’s Who” of con law professors: Alex Aleinikoff, Akhil Amar, Robert Bennett, David Bernstein, Frank Buckley, Laura Donohue, Garrett Epps, Jim Fleming, Alison LaCroix, Dan Farber, Elizabeth Price Foley, Christopher Fritz, Michael Gerhardt, Abner Greene, Michael Greve, Steve Griffin, Stephen Gardbaum, Philip Hamburger, Thomas Healy, John Inazu, Sandy Levinson, Gerard Magliocca, Earl Maltz, John McGinnis, Clark Neily, Mike… [read post]
3 Apr 2017, 10:15 am by David Bernstein
Here are the first few lines of a recent article in The Washington Post: Uber employs a relative dearth of women and racial minorities, particularly in technical roles, the company said Tuesday — another example of the lack of diversity that persists across the technology industry. [read post]
23 Mar 2017, 6:10 am by David Bernstein
An earlier version of this post misstated the age of the man arrested in the threats to Jewish community centers. [read post]
22 Mar 2017, 9:15 pm by Walter Olson
Ilya Shapiro and David McDonald describe the background of the Eighth Circuit case of Niang v. [read post]
16 Mar 2017, 6:08 pm by David Bernstein
Bernstein: Historically, before the New Deal, the right to pursue an occupation was protected under the Fourteenth Amendment’s Due Process Clause. [read post]
15 Mar 2017, 6:56 am by David Bernstein
Back in 2004, I* wrote: My own advice to [prospective law students] trying to determine a school’s overall “ranking” is to look at the quality of students it attracts, as determined by LSAT scores (a much more objective measure than GPA). [read post]
11 Mar 2017, 10:44 am by David Bernstein
(Bernstein uses Arab to mean Muslim, though of course not all Arabs are Muslims). [read post]
8 Mar 2017, 1:09 pm by David Bernstein
A police officer blocks an entrance as officials respond to a bomb threat at the Jewish Community Center in Louisville, Ky., on March 8. [read post]
8 Mar 2017, 7:51 am by David Bernstein
I’ve published a short article entitled, “The History of ‘Substantive Due Process: It’s Complicated” in the Texas Law Review’s online companion, See also. [read post]
7 Mar 2017, 4:28 pm by Kevin LaCroix
In the following guest post, Blair Nicholas and David Kaplan of the Bernstein Litowitz Berger & Grossman law firm advocate that the SEC take an aggressive approach to securities enforcement, and they have a specific proposal to advance that approach. [read post]
2 Mar 2017, 6:30 am by Dan Ernst
David Bernstein, George Mason University Antonin Scalia Law School, has posted The History Of ‘Substantive’ Due Process: It's Complicated, which appeared in the Texas Law Review 95 (2016): 1-11:The history of what has come to be known as substantive due process is fraught with political implications, even more so now that same-sex marriage has joined abortion as a right protected by the Court under the rubric of due process. [read post]
1 Mar 2017, 9:36 am by David Post
Bernstein/Getty Images) President Trump’s attacks on the “fake news” media — “the enem[ies] of the people,” including the New York Times, CNN and NBC News — would be hilarious, coming from a guy who routinely makes up facts (on everything from the murder rate to the number of people casting ballots illegally (and who they voted for!) [read post]