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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]
4 May 2017, 11:09 am by Calvin TerBeek
This is of course in line with the scholarship of George Mason's David Bernstein and prominent originalist Randy Barnett. [read post]
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]