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31 Aug 2017, 1:50 pm by David Bernstein
While overall it’s a very good essay, I wanted to take issue with the following assertion by Farrell and Teles: For example, David Bernstein, in two posts, uses problems in MacLean’s sourcing to imply in contradistinction that Henry Manne (the dean who made George Mason University’s law school shift its focus to law and economics) was not driven by the desire to set up a conservative legal institution to counterbalance liberalism in the academy, and that the law… [read post]
23 Jul 2017, 2:12 pm by Brian Frye
The article got some attention from David Bernstein at the Volokh Conspiracy, Paul Caron at TaxProf Blog, David Lat at Above the Law, and the Scholastica blog. [read post]
21 Jul 2017, 6:04 am
IAC: Clear Win for Investors Protecting Shareholder Voting Rights Posted by Blair Nicholas and Mark Lebovitch, Bernstein Litowitz Berger & Grossmann LLP, on Tuesday, July 18, 2017 Tags: CalPERS, Dual-class stock, Fiduciary duties, Institutional Investors, Ownership, Private benefits of control, Shareholder rights, Shareholder suits, Shareholder voting The Looming Specter: Post-Closing Fraud Claims in Private Company M&A… [read post]
20 Jul 2017, 8:09 am by David Bernstein
Critics of “Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America” have accused its author, professor Nancy MacLean of Duke University, of mangling quotations to change their meaning, asserting facts that are not only false but are not supported by her own footnotes, and drawing wildly speculative conclusions about matters regarding which she has no documentary evidence. [read post]
17 Jul 2017, 4:08 pm by INFORRM
David Maslove, Assistant Professor, School of Medicine, Queen’s University, Ontario This article was originally published on The Conversation. [read post]
17 Jul 2017, 5:54 am by David Bernstein
Nancy MacLean’s “Democracy in Chains” portrays the late economist James Buchanan as a central figure in the modern libertarian movement. [read post]
14 Jul 2017, 8:39 am by David Bernstein
Georg Vanberg, professor of political science and law at Duke University and president of the Public Choice Society, asked if I would post his response to his Duke colleague Nancy MacLean’s portrayal of James Buchanan’s ideas in “Democracy in Chains. [read post]
13 Jul 2017, 4:49 am by SHG
And she may well be nutty, not to mention typically too fragile to address the substantive criticism leveled at her by conspirators Jonathan Adler, Ilya Somin and David Bernstein. [read post]
11 Jul 2017, 12:24 pm by David Bernstein
Nancy MacLean, author of “Democracy in Chains,” has not responded to substantive criticisms of her book. [read post]
10 Jul 2017, 9:07 am by Ilya Somin
Jonathan Adler, David Bernstein (see also here), Phil Magness (also here), Russell Roberts, and Michael Munger, and others, have highlighted some of her most important fallacies and distortions. [read post]
6 Jul 2017, 11:18 am by David Bernstein
In my last post, I noted that Nancy MacLean claimed with regard to George Mason University’s law school and its most influential dean, Henry Manne, that “Manne’s law school would stake out a position on the side of corporations against ‘consumerism and environmentalism,’ two causes that had grown in popularity and influence since the 1970s. [read post]
29 Jun 2017, 9:41 am by David Bernstein
Wednesday, I discussed how Nancy MacLean at best wildly exaggerated the influence of John Calhoun’s thought on modern libertarianism (further elaboration from Phil Magness here) and how she asserted that a libertarian author who praised Brown v. [read post]
28 Jun 2017, 2:46 pm by David Bernstein
Duke University historian Nancy MacLean has published a new book, “Democracy in Chains,” that is getting a great deal of favorable attention from progressive media outlets and is selling quite well online. [read post]
27 Jun 2017, 12:49 pm by Calvin TerBeek
Part I, setting forth the concept of constitutional translators is here. [read post]
15 Jun 2017, 10:20 am by Bill Otis
David Bernstein of Antonin Scalia Law School for pointing out this article, a long but illuminating study about why it's misleading to compare murder rates in the United States with those in other "developed countries. [read post]
9 Jun 2017, 9:30 pm by Karen Tani
 ICYMI:  David Bernstein and Calvin TerBeek continue their exchanges on the intellectual history of originalism on The Faculty Lounge. [read post]
7 Jun 2017, 2:22 pm by Calvin TerBeek
David Bernstein, one of the more prominent libertarian legal scholars, responded to my series of posts on originalism's intellectual history. [read post]