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5 Aug 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
29 Jul 2020, 2:02 pm by Eugene Volokh
David Bernstein took a somewhat different approach in this 2018 post, though I read David's point there as focused on lies and distortions about Soros rather than criticisms generally (such as Kass's). [read post]
29 Jul 2020, 9:20 am by David Bernstein
While doing some research today, I came across a student article (known as a "note" in law review parlance) from the 2006 Yale Law Journal with a provocative title: "Grutter at Work: A Title VII Critique of Constitutional Affirmative Action. [read post]
27 Jul 2020, 10:35 am by David Bernstein
[The FDA and the NIH each require as a condition of funding that scientists break down their data by a totally unscientific "race" classifications.] [read post]
22 Jul 2020, 12:57 pm by Eugene Volokh
Hans Bader (Liberty Unyielding) has a long post on the subject, and see also David Bernstein's "It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness" post below. [read post]
22 Jul 2020, 10:49 am by Rebecca Tushnet
The four panelists are: David Bernstein, Partner, Debevoise & Plimpton, LLP.Prof. [read post]
22 Jul 2020, 8:53 am by David Bernstein
[If you've seen the Smithsonian American History Museum's "white culture" graphic, you know what I mean.] [read post]
22 Jul 2020, 3:13 am
David Franklyn, Director of the McCarthy Institute, will serve as moderator. [read post]
17 Jul 2020, 9:30 pm by Karen Tani
Golieb Fellow, NYU School of Law), "The Supreme Court just made the president more powerful"; Lisa Levenstein (University of North Carolina, Greensboro), "History shows that we can solve the child-care crisis — if we want to"; and more.ICYMI: David Bernstein on why he studies constitutional history (Volokh Conspiracy). [read post]
10 Jul 2020, 8:18 am by David Bernstein
[Universities should have been prepared for the possibility that ICE would not continue to decline to enforce an existing rule.] [read post]
9 Jul 2020, 12:25 pm by David Bernstein
[The bizarre reaction to the anti-cancel culture letter.] [read post]
26 Jun 2020, 5:52 pm by David Bernstein
The Simpsons announced that white actors will not be permitted to "voice" non-white characters. [read post]
19 Jun 2020, 6:38 am by David Bernstein
[Cancel Culture is on the rise, it needs to stop if we are to preserve a free society.] [read post]
18 Jun 2020, 3:21 pm by David Bernstein
[The federal government almost classified Asian Indians as white in the 1970s.] [read post]
12 Jun 2020, 6:53 am by David Bernstein
In "Worse Than Slavery," a history of the Mississippi criminal justice system being used to functionally re-enslave African-Americans after the Civil War, David Oshinsky wrote, "because the great bulk of this crime was black on black, the Negro community suffered most of all. [read post]
12 Jun 2020, 5:02 am by Eugene Volokh
Jane Bambauer, David Bernstein, Clay Calvert, and Mark Lemley, Dean Rodney Smolla, and myself; many thanks to UCLA School of Law students Tyler Hastings, Nicole Karatzas, and Brigid Mahoney, who worked on the brief): Plaintiff Bob Smith is an experienced farrier and offers classes for those who would like to learn the art and craft of horseshoeing. [read post]