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8 Mar 2025, 7:30 am
The Trump Administration has announced that it's suspending $400 million in federal grants to Columbia University in response to Columbia's failure to protect Jewish students from harassment and discrimination as required by federal law. I think Columbia richly deserves this, but I don't know whether this is lawful, or whether federal law requires hoops to be jumped through before such sanctions can be levied. In this post, though, I want to respond to some of the left who have seen… [read post]
20 Feb 2015, 10:00 am
David Bernstein and Ilya Somin, George Mason University School of Law, have posted The Mainstreaming [read post]
17 Apr 2015, 9:30 pm
David Bernstein's new find on the Lochner case, on The Volokh Conspiracy. [read post]
3 Oct 2022, 8:46 am
I got there via David Bernstein at Instapundit, who says: "We all know that left-learning [read post]
4 Dec 2024, 7:30 am
I just learned that Ken Kersch, a political science professor at Boston College, has passed away. I knew and liked Ken, a lot, and I also benefitted a great deal from his work, especially his book Constructing Civil Liberties. The book deserves more attention than it's received, especially among law professors, so I thought I would reprint my review of the book from The American Historical Review: This is a relentlessly interesting book, one that can't help but change the way the reader… [read post]
13 Jun 2014, 8:00 am
David Bernstein, George Mason University School of Law, has posted From Progressivism to Modern Liberalism [read post]
22 May 2020, 9:30 pm
Case," is here.ICYMI: Lizabeth Cohen on The Lessons of the Great Depression (The Atlantic) David [read post]
5 Jul 2016, 6:13 am
Nicholas, Bernstein Litowitz Berger & Grossmann LLP, on Tuesday, July 5, 2016 Editor's Note: [read post]
7 May 2018, 7:09 am
by Howard Gillman Rehabilitating Lochner: Defending Individual Rights against Progressive Reform by David [read post]
22 Mar 2025, 3:38 pm
[UN Special Rapporteur Francesca Albanese states that Israel has no legal right to defend itself.] Me at the VC, February 28: "The IHL [international humanitarian law] community, writ large, had been taken over by the far left, and for a variety of interrelated ideological reasons IHL activists are hostile to Israel's very existence, and do not believe that Israel has any right to defend itself, including from Hamas terrorism. Therefore any civilian casualties caused by Israeli military… [read post]
8 Mar 2025, 9:17 am
People love to accuse me of hypocrisy on campus speech and antisemitism, given my longstanding support for speech over conflicting antidiscrimination laws, but my position remains consistent. There are three separate but related issues with regard to campus antisemitism and speech (note that vandalism, threats, disruptive behavior etc., aren't in the ambit of free speech, nor is enforcing content-neutral reasonable time, place, and manner restrictions on protests an infringement of freedom of… [read post]
13 Dec 2020, 7:22 am
Posted by David Gordon, Dina Bernstein, and Andrew Lash, FW Cook, on Sunday, December 13, 2020 Editor [read post]
15 Aug 2024, 7:14 am
Zalkind Duncan & Bernstein LLP is proud to announce that the following attorneys are listed in the [read post]
28 Feb 2019, 9:44 am
Laboratories Alan Lincoln, University of Massachusetts Lowell James Lee, United Nations David [read post]
7 Jun 2024, 8:22 am
[Misbehaving editors intent on publishing ideologically driven claptrap provoke a controversy.] I have an op-ed in the Washington Free Beacon about an ongoing controversy involving the Columbia Law Review. It begins: Law reviews are typically sleepy, student-edited journals that publish turgid scholarship. The articles may be read by specialists, and they are often read by no one beyond the author and editors. But Columbia University law school's law review has received a rare burst of public… [read post]
11 Dec 2023, 5:51 am
A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. I have already written about my own university's failure to enforce Virginia's law banning masked demonstrations. That failure continues, despite a letter from the state attorney general reminding universities of their obligation to enforce the law, and despite an incident in which a student waving a pro-Israel Israel flag was… [read post]
5 Nov 2022, 7:36 am
A reader reminded me of this blog post Jan. 24, 2022: Will the Supreme Court Ask Harvard How it Justifies Treating "Asian Americans" as a Homogenous Category? I wrote: "I'm not quite sure what Harvard's lawyer would or could say if asked why, say, Filipino, Nepalese, and Mongolian applicants are placed in the same 'diversity' category… We will never know unless one of the Justices asks." Oral argument this past Monday, per Justice Alito (though… [read post]
22 May 2018, 7:38 pm
The Supreme Court's decision in Epic Systems v. Lewis yesterday, holding that as matter of federal law arbitration agreements take precedent over class action lawsuits, saw many liberals comparing the decision to Lochner v. New York, an infamous 1905 case in which the Court held that the right to "liberty of contract" superceded a state law prohibiting bakers from working more than ten hours a day, sixty hours a week. Many myths have sprung up over the years about Lochner, and I have… [read post]
17 Dec 2015, 9:30 am
Bernstein, Henry. Class Dynamics of Agrarian Change. West Hartford, CT: Kumarian Press, 2010. [read post]
9 Nov 2019, 8:09 am
Posted by David Gordon, Dina Bernstein, and Andrew R. Lash, Frederic W. [read post]
