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28 Feb 2019, 9:39 am by David E. Bernstein
A new book explains that denying corporate personhood has been the key to protecting the rights of shareholdersUCLA Law Professor Adam Winkler's We the Corporations: How American Businesses Won Their Civil Rights, which I reviewed for the Claremont Review of Books, turns on its head the conventional wisdom about how "corporate personhood" relates to the ability of corporations to assert constitutional rights. [read post]
18 Feb 2019, 10:05 am by David E. Bernstein
My second and final post debunking various misconceptions and bad legal arguments about anti-BDS lawsPART I can be found here. [read post]
18 Feb 2019, 7:50 am by David E. Bernstein
Correcting various misperceptions about the scope and constitutionality of laws barring state contractors from boycotting Israel-related people and companies.I've perhaps never seen as much misinformation and bad legal analysis regarding a given issue than about state laws that require state contractors to certify that they do not boycott Israel or those who do business with Israel, otherwise known as "anti-BDS laws. [read post]
15 Feb 2019, 5:04 am by David E. Bernstein
The more a president governs unilaterally, the greater the stakes of every election, and that's a bad thing.There are lots of things one could say about Trump's invocation of an emergency statute to "build the wall. [read post]
10 Feb 2019, 4:05 pm by INFORRM
Amazon founder Jeff Bezos has alleged that David Pecker, CEO of the company that publishes the National Enquirer, attempted to blackmail him by threatening to publish explicit photos of him. [read post]
8 Feb 2019, 6:04 am
Corporate Governance (2000-2018) Posted by Kosmas Papadopoulos, ISS Analytics, on Wednesday, February 6, 2019 Tags: Boards of Directors, Engagement, ESG, Institutional Investors, Institutional voting, Mergers & acquisitions, Proxy access, Proxy voting, Shareholder proposals, Shareholder rights, Shareholder voting SEC Scrutiny of Non-GAAP Financial Measures Posted by David A. [read post]
4 Feb 2019, 1:09 pm by David E. Bernstein
The Liberty & Law Center a Scalia Law School is launching a program to encourage civil discourse among students of differing ideological commitments.The Liberty & Law Center at the Scalia Law School, George Mason University, is the law school's newest academic center. [read post]
4 Feb 2019, 12:18 pm by Sasha Volokh
Here is a (not necessarily complete) list, in no particular order: our own co-blogger David Bernstein of George Mason, our former co-blogger Jacob Levy of McGill, Jonathan Holloway, provost of Northwestern, Sigal Ben-Porath, professor of education, philosophy, and political science at Penn, Nancy Leong, law professor at Denver, Eric Segall, law professor at Georgia State, Alex Tsesis, law professor at Loyola University Chicago, Greg Lukianoff, president of the Foundation for… [read post]
15 Jan 2019, 6:24 am by David E. Bernstein
Law reviews as venue for scholarship come under a lot of justified criticism, but at least the editors check the footnotesAny well-published law professor can recite a litany of complaints about law reviews, the generally student-edited journals where most legal scholarship is published. [read post]
9 Jan 2019, 10:35 am by Ilya Somin
The Handbook also includes contributions by two other Volokh Conspiracy writers: Jonathan Adler on environmental protection and David Bernstein on "The Boundaries of Antidiscrimination Law. [read post]
5 Jan 2019, 8:34 am
New York: Guilford Press, 1996.Bernstein, Henry. [read post]
18 Dec 2018, 3:11 pm by David E. Bernstein
No, a Texas school district did not require speech pathologist Bahia Amawi to sign a "pro-Israel pledge," nor even to promise not to personally boycott Israel.Speech pathologist Bahia Amawi, who works as a contractor for the Pflugerville Independent School District in Texas, has filed a lawsuit claiming that an anti-boycott-of-Israel pledge she was asked to sign violates her First Amendment right to freedom of speech. [read post]
13 Dec 2018, 12:14 pm by David E. Bernstein
Here is the abstract: This Response addresses Professors Joseph Fishkin and David Pozen's Asymmetric Constitutional Hardball. [read post]
12 Dec 2018, 2:59 pm by David E. Bernstein
The liberal-dominated federal court of appeals lets its partisan and ideological freak flags fly.A friend passed along the schedule for the federal Ninth Circuit Court of Appeals official 2019 mid-winter meeting. [read post]
5 Dec 2018, 7:25 am by Ilya Somin
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]
3 Dec 2018, 8:17 am by Howard Friedman
Hudson, Justice Kennedy and the First Amendment, (9 HLRe 49 (2019)).David Eliot Bernstein, The Boundaries of Antidiscrimination Laws, (George Mason University Legal Studies Research Paper No. [read post]
26 Nov 2018, 8:34 am by Lawrence Solum
David E Bernstein (George Mason University - Antonin Scalia Law School, Faculty) has posted The Boundaries of Antidiscrimination Laws (The Cambridge Handbook of Classical Liberal Thought, M. [read post]
25 Nov 2018, 10:26 am by David Bernstein
For Christmas, for the Reader You Love: Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform, By David E. [read post]