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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]
17 Nov 2018, 4:58 am by David E. Bernstein
The ACLU no longer even pretends to believe in civil liberties.In the late 1960s, the ACLU was a small but powerful liberal organization devoted to a civil libertarian agenda composed primarily of devotion to freedom of speech, free exercise of religion, and the rights of accused criminals. [read post]
17 Nov 2018, 4:58 am by David E. Bernstein
The ACLU no longer even pretends to believe in civil liberties.In the late 1960s, the ACLU was a small but powerful liberal organization devoted to a civil libertarian agenda composed primarily of devotion to freedom of speech, free exercise of religion, and the rights of accused criminals. [read post]
16 Nov 2018, 6:37 am by Jim Sedor
A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. [read post]
8 Nov 2018, 3:36 am by David E. Bernstein
Donald Trump says exactly the wrong thing in response to a question about anti-Semitism, mainstream Jew-haters Jew-hate, and a new study shows that bigotry has declined under Trump.On Monday I wrote, "It doesn't help that neither the mainstream American right or left exhibits much sensitivity to Jewish concerns about anti-Semitism. [read post]
5 Nov 2018, 6:18 pm by David E. Bernstein
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free SpeechVolokh Conspiracy readers are invited to a conversation with two renowned First Amendment experts, the VC's own Eugene Volokh and Nadine Strossen (former president of the ACLU). [read post]
5 Nov 2018, 1:58 pm by David E. Bernstein
The percentage of Americans with anti-Semitic attitudes has been stable, but anti-Semites are more active, more visible, and more willing to express their views than in the past.I've been hearing from Jewish friends I respect, even before the Pittsburgh shooting, that they perceive that anti-Semitism is on the rise in the U.S. [read post]
4 Nov 2018, 6:21 am by David E. Bernstein
In September, Obama senior advisor David Axelrod declared outright, and in an outright lie, that the "benign-sounding Americans for Prosperity, the American Crossroads fund" are "front groups for foreign-controlled companies. [read post]