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12 Feb 2024, 5:35 am by David Bernstein
[The loudest voices bemoaning Palestinian suffering decline to call on Hamas to release the hostages and surrender.] It's kind of horrifying that the loudest voices bemoaning Palestinian civilian suffering in Gaza will harshly criticize everyone and anyone–Israel, the US, the EU, the UN Security Council, American Jews, you name it–except for Hamas (and its allies like Iran), and the one thing they won't do is suggest Hamas surrender, even though that would immediately end the… [read post]
30 Nov 2022, 5:46 am by David Bernstein
But as Aaron David Miller and Daniel Kurtzer report: Having brought to life the radical, racist, misogynistic [read post]
6 Nov 2022, 6:45 am by David Bernstein
As part of my book publicity duties, I have appeared on a whole bunch of radio shows and podcasts, some of which can be fairly called "right-wing." One thing that I have noted is that when I give my typical shpiel about how American racial classifications are becoming almost entirely incoherent thanks to intergroup dating, marriage, and procreation, the host almost always starts talking about his own family, whether it be a Hispanic wife, half-black nephews, half-Asian cousins, or… [read post]
24 Jan 2022, 1:56 pm by David Bernstein
[In my forthcoming book, Classified, I suggest limiting preferences in higher education to descendants of enslaved Americans and residents of Indian reservations.] The Supreme Court, as most readers surely know by know, has decided to hear appeals to two cases challenging racial and ethnic preferences in higher education. Assuming the Court is disinclined to allow the use of overt racial and ethnic preferences, is it possible that some version of affirmative action that takes ancestral… [read post]
1 Jan 2022, 8:28 am by David Bernstein
[Bernstein: In fact, this calumny has its roots in Soviet antisemitic propaganda.] [read post]
30 Nov 2021, 3:28 pm by David Bernstein
The Jewish Week reports: Is the social work school at Hunter College coddling antisemitism, or is it part of an institution that's deeply committed to protecting Jews from prejudice? That question has come to the fore after a pro-Israel organization filed a federal complaint alleging a "pervasively hostile campus climate for Jewish students" at the New York City school and its Silberman School of Social Work, in particular. I have no personal knowledge of the situation at Hunter… [read post]
17 Nov 2021, 5:39 am by David Bernstein
[The idea that citizens trying to protect a community from rioters are presumptively white supremacist vigilantes doesn't bear scrutiny.] Among the most interesting aspects of the Rittenhouse case has been the reaction of Progressivism, Inc. Judging from social media posts, many progressive commentators believe that Mr. Rittenhouse was clearly a villain even before he shot anyone, because anyone who would come armed to a riot claiming to want to help protect the community from rioters is almost… [read post]
5 Jun 2023, 7:41 am by David Bernstein
Trevor Burrus  UnSILOed, with Greg LeBlanc Charles Cooke What Happens Next in 6 Minutes with Larry Bernstein [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. On the right, the common response is that "we're pro-Israel, what do you want from us?" Yesterday, an NBC reporter, citing the bogus "57… [read post]
10 Feb 2012, 9:30 pm by Dan Ernst
In case you missed the links on H-Law, a review of David Bernstein's Rehabilitating Lochner by the [read post]
4 Apr 2012, 12:13 pm by Walter Olson
From Glenn Reynolds’s readers: “Rather hilariously, David Dow, the author of the Newsweek [read post]
4 Dec 2022, 8:00 am by Ilya Somin
The latest VC-author book is David Bernstein's Classified: The Untold Story of Racial Classification [read post]
25 Sep 2011, 10:15 pm by Walter Olson
Cato-intensive edition: David Bernstein’s Rehabilitating Lochner, recently praised by George Will [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
David Bernstein, Debevoise & Plimpton: we don’t give controlling authority to dictionary meaning [read post]
30 May 2011, 5:59 pm by David Bernstein
Thanks to Mary and the rest of the crew here for inviting me to guest-blog. It's been fun!I had a few more posts planned for my guest stint: (1) why did historians and other get Lochner so wrong until recently? (2) most history books are too long (not page-wise, but relative to what they have to say); and (3) why you should publicize your academic press on your own, and not simply rely on your [read post]
20 Feb 2023, 4:40 pm by David Bernstein
AP reports: [Seattle City Council member Kshama] Sawant has proposed an ordinance to add caste to Seattle's anti-discrimination laws. If her fellow council members approve it Tuesday, Seattle will become the first city in the United States to specifically outlaw caste discrimination…. The national debate in the United States around caste has been centered in the South Asian community, causing deep divisions within the diaspora. Dalit activist-led organizations such as Oakland,… [read post]
10 Nov 2022, 5:57 am by David Bernstein
Well, you can't say that my new book, Classified: The Untold Story of Racial Classification in America, was not well-timed. Last week, the Supreme Court took up the issue of affirmative action in admissions, and directly addressed the question raised in my book as to whether the classifications are too incoherent to be a justified basis for an asserted compelling interest in diversity. Yesterday, the Supreme Court held oral arguments in Brackeen v. Haaland on another issue discussed in my book,… [read post]
13 Apr 2022, 3:19 pm by David Bernstein
If you are unfamiliar with this trope and doubt my account of it, maybe David Duke's statements [read post]
28 Feb 2025, 9:03 am by David Bernstein
[Taken over by the far left, the IHL community discredited the field by going easy on Hamas and libeling Israel.] [Cross-posted at my Times of Israel blog] International humanitarian law is dead. Ideologically motivated hostility to Israel since the Hamas massacre of Israelis on October 7 killed it. IHL was invented after World War II. The war saw tens of millions of civilians were killed, some intentionally as in the Shoah, and some because their lives were not valued when military decisions were… [read post]