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12 Dec 2013, 7:02 pm
(David Bernstein) I was just doing some research in the archived posts and noticed that a problem that occurred when we switched servers hasn’t been found. [read post]
14 Feb 2024, 6:00 am
We have assembled a terrific group of commentators, including David Bernstein (George Mason), Stephen Breyer (SCOTUS/Harvard), James Fleming (BU), Ariela Gross (UCLA), William Forbath (Texas), Laura Kalman (UCSB), Jill Lepore (Harvard), Lisa McGirr (Harvard), William Novak (Michigan), Edward Purcell (New York Law School), Jeffrey Rosen (G.W. [read post]
2 Nov 2011, 10:37 am
A few weeks ago I participated as a commenter at a University of Alabama FedSoc event on David Bernstein's new book, Rehabilitating Lochner. [read post]
31 Aug 2008, 7:09 am
With so many thoughtful conspirators over at Volokh, it's a shame that David Bernstein chose to take the low road. [read post]
10 Feb 2012, 10:43 am
(Ilya Somin) In a recent post, co-blogger David Bernstein partially rejects my argument that a ban on same-sex marriage qualifies as sex discrimination. [read post]
26 Jun 2010, 10:56 am
Puffery & Parody David H. [read post]
27 Jun 2008, 1:41 pm
David Bernstein notes his agreement, in a Volokh Conspiracy post entitled "The Scholarly Nature of Heller," with Jim Lindgren that "the opinions in Heller are very scholarly, especially with reference to historical sources. [read post]
12 Nov 2011, 8:10 pm
In a typically hyperbolic post, David Bernstein defends the laws today at Volokh Conspiracy. [read post]
5 Dec 2018, 7:25 am
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]
5 Sep 2011, 7:26 pm
(David Bernstein) For those of you who still take Juan Cole’s views on Israel seriously, a reminder:“There are two possible reasons for the violence. [read post]
1 Apr 2012, 10:49 pm
(David Bernstein) My friend and sometimes intellectual sparring partner, Andrew Koppelman, writes: The obsessive worry about an overbearing federal government suggests another historical parallel. [read post]
25 Jun 2014, 1:30 pm
[Slate] * Professor David Bernstein says of Gawker: “So you can see how the headline is false on multiple levels but it certainly provides clickbait for Gawker. [read post]
4 Jan 2023, 9:30 pm
Bernstein. [read post]
7 Apr 2008, 1:25 pm
Last year, we reported on Bernstein v. [read post]
23 Mar 2011, 4:48 pm
(David Bernstein) Attorney Ryan Williams recently published an article in the Yale Law Journal called “The One and Only Substantive Due Process Clause. [read post]
21 Jun 2010, 7:47 am
(David Bernstein) Sheldon Richman responds to my Cato Unbound essay here, criticizing my position as being insufficiently libertarian, although he otherwise shares many of my underlying premises. [read post]
13 Jun 2012, 6:02 am
(David Bernstein) A new study of the American Jewish population in the New York metro area contains this stunning statistic: sixty-one percent of all Jewish children in the area live in Orthodox households. [read post]
8 Sep 2011, 2:22 pm
(David Bernstein) I’ve been perusing the blogs to see how folks are reacting to Will’s column on Rehabilitating Lochner, which I blogged about yesterday.Many liberal commentators and blog commenters are taking the position that Will’s defense of Lochner is obtuse because restoring liberty of contract would take the U.S. back to the labor conditions of a century ago, and allow employers to exploit employees. [read post]
27 Jun 2011, 4:08 pm
(David Bernstein) My colleague Eric Claeys has a very interesting piece in National Affairs. [read post]
7 Feb 2011, 7:38 pm
(David Bernstein) Here are opposing views on the whether the Supreme Court should interpret the Constitution to limit government, or should defer to the elected branches. [read post]
