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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]
26 Jul 2018, 6:23 am by David E. Bernstein
I have a new article in the Cumberland Law Review, for a colloquium on the one hundredth anniversary of Buchanan v. [read post]
2 Oct 2018, 3:10 am by David E. Bernstein
An exchange I had with a fellow law professor revealed disagreement over whether Christine Ford's refusal to turn over any of her records of the therapy sessions in which she discussed the alleged incident involving Brett Kavanaugh, even in redacted form, to the Senate Judiciary Committee, undermines her credibility. [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]
6 Aug 2018, 5:16 am by David E. Bernstein
The Koch-Trump feud is just part of the conspiracy to amend the Constitution in talk show host Mark Levin's image.Readers will recall that Duke Historian Nancy MacLean wrote a horrible book filled with errors, misrepresentations, and speculation, on the late economist James Buchanan. [read post]
6 Oct 2018, 2:10 pm by David E. Bernstein
I don't sign such letters unless I fully agree with every assertion made.2,500 or so law professors signed a letter, published in the New York Times, stating that Brett Kavanaugh should not be confirmed to the Supreme Court because his performance at the Ford-Kavanaugh hearing showed that he lacks the requisite judicial temperament. [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]
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]
30 Apr 2018, 9:28 am by David E. Bernstein
USC law professor Michael Simkovic has a blog post up at Leiter Law School Reports which I can charitably deem "remarkable. [read post]
28 Oct 2018, 4:14 pm by David E. Bernstein
In Short, Probably NotIn the aftermath of the horrific murders at a synagogue in Pittsburgh on Saturday, a good part of the media, social and otherwise, wishes to blame Donald Trump. [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]
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 Apr 2019, 5:22 am by David E. Bernstein
Imagine that a well-known conservative federal judge has a last-minute need for a clerk, and it's important to him to have a clerk who shares his general political ideology. [read post]
8 Sep 2018, 12:32 pm by David E. Bernstein
Academic discourse is increasingly under threat from activist professors.According to Professor Ted Hill, Amie Wilkinson, a senior professor of mathematics at the University of Chicago, launched a successful campaign to get one mathematics journal that had accepted his paper withdraw its acceptance, and a second journal to "unpublish" the paper after publishing it online, apparently because discussing even mathematical models of hypothetical sex differences is forbidden if someone might… [read post]
15 May 2018, 6:36 pm by David E. Bernstein
Columbia Law School professor Katherine Franke, a prominent supporter of the Boycott, Divestment, and Sanctions movement against Israel, was recently denied entry into Israel, pursuant to legislation excluding supporters of boycotting Israel from the country. [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]
12 Mar 2018, 10:14 am by David E. Bernstein
Duke history professor Nancy MacLean is author of the atrocious hit job on the late Nobel Prize-winning economist James Buchanan, Democracy in Chains, a book that has been savagely and justly eviscerated on this blog and elsewhere. [read post]
16 Mar 2018, 9:11 am by David E. Bernstein
Liberty and Law Center Free Speech Clinic Fellow Salary Range: Competitive with similar fellowships. [read post]