Search for: "David Bernstein"
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21 Jul 2022, 6:21 am
My book on racial classification's official publication date was Tuesday, and it's already garnered several reviews and I have appeared on a bunch of podcasts. So if you want to listen in on what all the cool kids are talking about… Reviews Review by Goldwater Institute President Tim Sandefur for the Objective Standard Review by Prof. Bill Jacobson, Legal Insurrection Review by Ed Whelan, National Review Podcasts The Remnant, with Jonah Goldberg American Institute for Economic… [read post]
6 Jun 2022, 10:27 am
[The law school reinstated him on a technicality, but made it clear that they weren't going to uphold the university's free speech policy.] It took Georgetown University Law Center four months, longer than most Supreme Court nominations take to get to the finish line, to investigate a single tweet from Ilya Shapiro. Everyone understands what was going on: the tweet was clearly protected by Georgetown's free expression policy and Georgetown could not in good faith punish Shapiro, but… [read post]
24 Apr 2022, 11:32 am
Let's recap what happened at NYU Law School recently. NYU Students for Justice in Palestine sent out an email in essence justifying Palestinians terrorists murdering Israeli civilians. In the course of doing so, the author of the email threw some antisemitic tropes regarding Jewish control of the media, including arguing that "framing is everything and the Zionist grip on the media is omnipresent" and referencing the "Islamophobic, Zionist-funded US and Western media."… [read post]
5 Dec 2021, 6:28 pm
[The NYU Review of Law and Social Change has voted to endorse and enforce the Boycott, Divestment, and Sanctions against Israel.] The NYU Review of Law and Social Change has voted to endorse and enforce Boycott, Divestment, and Sanctions against Israel. This includes a stated refusal to publish even "balanced" articles about the Israeli-Palestinian conflict. Think I'm exaggerating? The law review's statement says that it will boycott "Academic activities, projects, or… [read post]
20 Nov 2018, 6:55 am
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. Here is the abstract for my essay: Because of the long, sorry history of American racism, perhaps nothing is more harmful to the libertarian "brand" than skepticism of… [read post]
17 Nov 2018, 4:58 am
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. In the early 1970s, the ACLU's membership rose from around 70,000 to almost 300,000. Many new members were attracted by the organization's opposition to the Vietnam War and its high-profile battles with… [read post]
16 May 2018, 4:38 am
Over at Leiter, Professor Michael Simkovic has a lengthy post about the recent controversy over lapsed funding agreements between the Koch Foundation and George Mason's Economics Department. Here's a link to Econ's side of the story. My interest here is in Simkovic's assertions and insinuations about the law school, which was not involved in any of the relevant funding agreeements. Simkovic: Much of the controversy relates to a libertarian/free-market embedded think tank at… [read post]
9 May 2018, 8:15 am
Nancy MacLean's atrocious book, Democracy in Chains, points to a speech given by libertarian billionaire Charles Koch at an Institute for Humane Studies conference in 1997 as revealing Koch's intellectual debt to James Buchnanan in Koch's purported efforts to destroy democracy. As Brian Doherty has demonstrated in Reason, MacLean completely misinterprets Koch's speech. That leaves the question of what other nefarious goings-on might have happened at that conference. Thanks to a… [read post]
15 May 2015, 7:03 am
In a recent article, Professor David Bernstein questions the expansion of Daubert into some regulatory [read post]
24 Nov 2023, 8:25 am
The most recent VC book is David Bernstein's Classified: The Untold Story of Racial Classification [read post]
27 Oct 2016, 3:52 pm
David Duncan is also listed for both white-collar and non-white-collar criminal defense, and Inga Bernstein [read post]
29 Jul 2016, 5:11 am
Pity poor Herald Scribe David Ovalle who, in writing articles covering the legal community of Miami, [read post]
14 Jul 2023, 5:15 am
Request for Paper Proposals Snapshot: Voices for Liberty, an initiative of the Liberty & Law Center at the Antonin Scalia Law School, seeks to examine the ways in which free speech propels civil and social progress. Authors are invited to submit proposals for original articles that will ultimately appear in academic journals and explore the role free speech plays in advancing civil rights movements, especially for marginalized or underrepresented groups. PRIORITY DEADLINE of August 15th 2023,… [read post]
8 Jun 2023, 8:16 am
[Seattle University is hosting eleven speakers for the webinar, all of whom support racial preferences.] Seattle University Law School is promoting a "webinar with national legal experts to analyze upcoming SCOTUS affirmative action decisions," to take place the day after the Supreme Court releases its opinion in the pending cases challenging racial preferences in admissions at Harvard and UNC. Putting aside Seattle U. lawprofs who are participating, for whom I'll give the law school… [read post]
16 Mar 2023, 6:23 pm
Here's a little tidbit that didn't make it into Classified. For uniform birth record states: Prior to 1989, for statistical purposes, classification of the child's race or national origin was based on the race or national origin of the parents. When both parents were not of the same race or national origin, rules had been established for coding various combinations. If only one parent was white, the child was assigned the race of the other parent. If neither parent was white, the… [read post]
12 Feb 2023, 2:24 pm
An interesting essay by New York Law School professor Rebecca Roiphe. A taste: Many, if not most, students have bought into academic lessons peddled in the 1980s and '90s as an outgrowth of what's often called critical legal theory. Among them: Law is not a neutral institution designed to ensure the peaceful resolution of disputes in a diverse society. Neutrality is not an unachieved but noble goal. Legal institutions are just a vicious guise that allows the powerful to exploit the weak.… [read post]
13 Dec 2022, 12:06 pm
Ilya has already done his annual post on Conspirator-authored books you can give your friends and loved ones as holiday gifts. Allow me to make an additional suggestion. If you appreciate our blogging and have benefited from reading one of your books, why not ask your local library, especially if it's a university library, to purchase a copy? The monetary benefits to the authors are tiny, but authors love an audience, and we all like to know that our books are readily available to students,… [read post]
14 Nov 2022, 11:53 am
I received the following email from the Virginia chapter of the American Asssociation of University Professors (of which I am not a member, btw): 1. The VA-AAUP Resolution on Antisemitism and Racism The VA Conference of the American Association of University Professors (VA-AAUP) recently passed the attached resolution on Antisemitism and Racism. This resolution is in response to Governor Youngkin's Executive Order #8 to establish the Commission to Combat Antisemitism. 1. The VA-AAUP Resolution… [read post]
15 Oct 2022, 1:11 pm
[Government-dictated racial and ethnic classifications fail to account for the diversity within categories.] One of the stranger phenomena related to the official government racial and ethnic classifications we have all gotten used to (Hispanic, White, Black, Native American, Asian, Native Hawaiian/Pacific Islander) is the way people treat them as true sociological or anthropological classifications. Ironically, when the government established these classifications (with minor modifications in the… [read post]
6 Jul 2022, 5:52 am
[One hears many anecdotes about white Africans claiming African-American status to benefit from affirmative action; does it ever actually happen?] In the course of telling various acquaintances about my book on racial classifications, I have heard in response a lot of anecdotes about people of African descent who are not "black" successfully claiming African American status when applying to college or graduate school to benefit from affirmative action. Sometimes, the purported beneficiary… [read post]
