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21 May 2022, 6:50 am
Here's a curious case described in the Washington Post in 1980, one that didn't make it into my forthcoming book on racial classifications: Miguel Sandoval arrived in Harlem in 1959 from Havana, where he'd been an outspoken advocate of better civil rights for black Cubans. Sandoval was Cuban, but he thought of himself primarily as a black. Yet to the American blacks in Harlem, he was a Hispanic. Nine years later, he applied for a job as director of the manpower office where he worked… [read post]
21 Jul 2025, 11:36 am
[If immigration reduces social trust, that's a bad thing, even if it leads to smaller government. ] Some opponents of liberal immigration fear that immigrants will cause the US to have a bigger welfare state. This would occur because the immigrants would be more likely to be on government assistance, would bring political attitudes from less libertarian societies, or both. Libertarian proponents of immigration have several responses to this fear. One such response is that large immigrant… [read post]
31 Mar 2024, 6:52 pm
[An article I coauthored spurred an amendment to the Federal Rules of Evidence] Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were relying on decisions that predated the rule, and indeed contradicted the rule. Some of these decisions relied on precedents dating back as far as the 1980s, before the Supreme Court's so-called Daubert trilogy… [read post]
19 Sep 2018, 5:10 pm
Liberal ideas can result in racism, but not for the reasons leftist scholars have posited.Over the last few years, I've noticed that it's increasingly popular among leftist academics to blame the rise of liberalism (individual rights, equality under the law, competitive markets, constitutional limited government, etc.) in the nineteenth century for the rise of racist ideologies in the same time period. In particular, they blame "capitalism," for reasons I find too ahistorical and… [read post]
18 Sep 2022, 1:26 pm
The post "Classified" On-Line Events Tuesday and Thursday; Bernstein Meets Academic Critics [read post]
3 Oct 2014, 8:50 am
I often remark to people that as a summer associate at Bernstein Shur in Portland, Maine, I quickly realized [read post]
24 Jan 2016, 12:30 am
Roosevelt and the Birth of the Presidential Primary by Geoffrey Cowan (Norton & Co.).David [read post]
14 Jul 2011, 4:35 am
By Scott Zahler, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Elijah [read post]
16 Feb 2018, 12:02 pm
Via David Bernstein at instapundit. [read post]
5 Nov 2014, 9:15 pm
David Bernstein at Volokh doesn’t hold back from telling us what he thinks of Sen. [read post]
20 Nov 2024, 1:12 pm
I was the fourth and final speaker, at approximately 57.35 into the video, giving a brief talk about racial classifications after SFFFA.The post Federalist Society Panel on Race in the Law after SFFA appeared first on Reason.com. [read post]
2 Apr 2024, 3:34 pm
Professor Sherry is an emerita professor at Vanderbilt Law School. Back in 1997, she and Professor Daniel Farber wrote a book, Beyond All Reason, critiquing Critical Race Theory. Perhaps their most controversial argument was that Critical Race Theory, in denying that there was such a thing as objective merit, and attributing all group differences to racism, was implicitly antisemitic in its inability to explain American Jewish success without resorting to antisemitic conspiracy theory. Professor… [read post]
16 Oct 2023, 8:38 pm
[UPDATE: I removed the list of signators, as a few of them have related to me that they intended the correspondence in question to be "private within the NWU Law" community. I'm not sure how an email circulated to hundreds of people by email was expected not to "leak," but I have agreed to their request.] It's hard to get law professors, who tend to be prima donnas, to sign on to anything, so kudos to to the organizers of this letter. One of the faculty signators,… [read post]
9 Dec 2025, 3:10 pm
[UVA lawprof Xiao Wang exposes immature and unprofessional behavior by his colleagues] Professor Xiao Wang, director of University of Virginia's Supreme Court Clinic, litigated the case of Ames v. Ohio Youth Services. The thrust of the case was quite simple, and intuitively appealing: Heterosexual employees alleging discrimination based on sexual orientation have the same burdens as homosexual employees alleging such discrimination. Such symmetry is built into our antidiscrimination laws, which… [read post]
28 Mar 2023, 4:20 pm
Apparently jealous of all the attention that Yale and Stanford law students have gotten for acting like imperious children, Columbia law students, represented by BALSA, LALSA, NALSA, EWOC, OutLaws, QTPOC, IfWhenHow, APALSA, and SALSA (no, I'm not familiar with all of these acronyms), have been throwing a collective hissy fit. The act that stirred such emotion? Columbia's Instagram account noted that a group of law students affiliated with the Federalist Society met with Justice Brett… [read post]
16 Mar 2023, 7:08 am
Excellent substack column by Freddie deBoer, and a great rebuke to those who tendentiously claim that "woke" is a racially tinged slur: [I]t's absurd that so many people pretend not to know what woke means, and the problem could be easily solved if people who support woke politics would adopt a name for others to use. No to woke, no to identity politics, no to political correctness, fine: PICK SOMETHING… Woke is defined by several consistent attributes. Woke is … [read post]
15 Nov 2022, 6:55 am
The Cato Institute's fall "Cato's Letter" newsletter publishes a speech I gave at Cato on America's racial classification system. It begins: Racial classifications by law have been as American as apple pie, since at least the 19th century. Modern Americans tend to shake their heads with revulsion when they think about or read about the lengths that government authorities went to back in the day to determine who was black for purposes of Jim Crow laws, or who was Asian for… [read post]
5 Nov 2022, 7:44 am
From the New York Times: In "The Asian American Achievement Paradox," which I wrote with Min Zhou and is based on 162 interviews of Asian, Hispanic, Black and white adults in Los Angeles, we found that Asian American precollege students benefit from "stereotype promise": Teachers assume they are smart, hard-working, high-achieving and morally deserving, which can boost the grades of academically mediocre Asian American students. Let's stop right there. The coauthors attempt… [read post]
3 Nov 2022, 6:20 am
One originalist argument in favor of allowing the government to engage in "race-conscious" policies is that the post-Civil War Freedmen's Bureau was established to assist freedmen and refugees, the vast majority of whom were black, as Congress was well aware. During oral argument on Monday, the plaintiff's attorney replied, "The Freedmen's Bureau for the most part did not draw any racial classifications. It was classifications on the basis of being a former slave or a… [read post]
3 Oct 2022, 6:05 am
[Because it's solidly conservative, and they are overwhelminglt liberal and further left.] At Slate, Mark Joseph Stern writes that constitutional law professors are "giving up on the Supreme Court:" The problem, it's worth emphasizing, is not that the Supreme Court is issuing decisions with which left-leaning professors disagree. It's that the court seems to be reaching many of these conclusions in defiance of centuries of standards, rejecting precedent and moderation in… [read post]
