Search for: "David E. Bernstein" Results 21 - 40 of 229
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18 Mar 2019, 11:55 am by karen shephard
Northwestern University Pritzker School of Law – David E. [read post]
15 Mar 2019, 4:52 am by David E. Bernstein
On Wednesday, my friend and Scalia Law School colleague and office-neighbor Neomi Rao was confirmed by the Senate to a seat on the D.C. [read post]
13 Mar 2019, 11:08 am by David E. Bernstein
The economic benefits of antitrust likely are not worth the costs.With trust-busting all the rage these days, especially on the Liz Warren left, this seems like a good time to repost something I wrote fifteen years ago: The right way to look at antitrust law is not whether economic theory suggests that particular monopolies can and will exist that can, in theory, be corrected through government action, to the benefit of both consumer welfare and economic efficiency. [read post]
11 Mar 2019, 6:32 am by David E. Bernstein
By falsely portraying state anti-BDS laws as requiring "loyalty oaths," the ACLU is appealing to latent and blatant antisemitism.There is perhaps no more guilty party in the current wave of antisemitic attacks on pro-Israel Americans than the American Civil Liberties Union. [read post]
7 Mar 2019, 5:47 am by David E. Bernstein
A transformative gift from the estate of the late Judge Allison M. [read post]
3 Mar 2019, 2:02 pm by David E. Bernstein
The far left acknowledges Jewish corporate existence only when Jews rely on memories of collective oppression to aid left-wing "liberation" movements.With leftist anti-Semitism in the news in both Great Britain and the U.S., I thought I'd republish this blog post from two years ago: Writing in the left-wing Israeli newspaper Ha'aretz yesterday, Joel Braunold, a former member of the executive council of the British National Union of Students (NUS), reaches essentially the same… [read post]
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]
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]
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]
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
This was reported first by Glenn Greenwald at the Intercept, who set the tone for the media coverage by claiming, in his typical exaggerated and dishonest fashion, that the lawsuit arose after Amawi "refused to sign an oath vowing that she 'does not' and 'will not' engage in a boycott of Israel or 'otherwise tak[e] any action that is intended to inflict economic harm' on that foreign nation. [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]
20 Nov 2018, 6:55 am by David E. Bernstein
Antidiscrimination laws are here to stay, but they must not trump constitutional rights.My essay, The Boundaries of Antidiscrimination Laws, has been published in an excellent new book, The Cambridge Handbook of Classical Liberal Thought, edited by the University of Chicago Law School's Todd Henderson. [read post]
20 Nov 2018, 6:55 am by David E. Bernstein
Antidiscrimination laws are here to stay, but they must not trump constitutional rights.My essay, The Boundaries of Antidiscrimination Laws, has been published in an excellent new book, The Cambridge Handbook of Classical Liberal Thought, edited by the University of Chicago Law School's Todd Henderson. [read post]