Search for: "David E. Bernstein"
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12 Jan 2024, 7:00 pm
Ann E. [read post]
9 Jun 2017, 9:30 pm
ICYMI: David Bernstein and Calvin TerBeek continue their exchanges on the intellectual history [read post]
7 May 2018, 7:09 am
by Howard Gillman Rehabilitating Lochner: Defending Individual Rights against Progressive Reform by David [read post]
14 Jun 2018, 10:00 am
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Prevailing Wage Legislation [read post]
8 Dec 2013, 10:07 am
David Bernstein is a Professor at the George Mason University School of Law. [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decision to Lochner v. New York, an infamous 1905 case in which the Court held that the right to "liberty of contract" superceded a state law prohibiting bakers from working more than ten hours a day, sixty hours a week.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]
6 Aug 2018, 7:35 am
No, this isn't another post about that horrible Nancy MacLean book, but it is related. As an early, vociferous critic of the book, I wound up in email, blog, and Twitter debates with some of her defenders among fellow historians, especially those who purport to specialize in intellectual history. And what I learned from this was troubling. While I'm sure there are many excellent historians around, I found that the historians I interacted with not only tended to reason backwards from their… [read post]
28 Sep 2018, 7:10 am
Before Dr. Ford's allegations about Judge Kavanaugh became public, Kavanaugh was poised to be confirmed. If Kavanaugh gets confirmed, a large percentage of the country is going to thing it was rammed through without a proper investigation of serious allegations of sexual assault. If his confirmation is voted down, an equally large percentage of the country is going to believe he was illegitimately denied a seat due to a last-minute character assassination campaign. There is a plausible way out… [read post]
26 Apr 2018, 4:28 am
Canary Mission is a controversial, secretive organization dedicated to publicizing extreme anti-Israel and often anti-Semitic views of various activists. Its primary modus operandi is to tweet screenshots of tweets by extemists, such as the one reprinted below. Many people, including some who are otherwise pro-Israel and hostile to anti-Semitism, find Canary Mission's tactics objectionable and counter-productive. (I take no position on the matter.) Among them are pro-Israel students at the… [read post]
8 Nov 2018, 3:36 am
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]
7 May 2020, 9:30 pm
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Class Legislation, Fundamental [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]
19 Jul 2022, 4:30 am
not objective, but here from the left, is liberal University of Texas law professor Sandy Levinson: David [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]
4 Sep 2018, 2:57 pm
Bush were seated two seats down from David Duke at Willie Nelson's funeral, with Duke given a place [read post]
30 Jun 2018, 5:55 am
My new article, just published in the Notre Dame Journal of Legislation, tackles the controversy over whether laws that require government construction contractors to pay the prevailing wage have a racist history, and whether they continue to have discriminatory effects on minority workers. Here's the abstract: Since the early twentieth century, labor unions have lobbied federal and state governments to enact and enforce laws requiring government contractors to pay "prevailing wages"… [read post]
16 Apr 2018, 8:16 am
Inside Higher Ed reports that there will be no sanctions, nor even an investigation, of the students who disrupted Josh Blackman's talk: Via email on Sunday, Mary Lu Bilek, dean of the law school, said that the protest was reasonable because the disruptions ended relatively early in the time frame of the appearance. "For the first eight minutes of the 70-minute event, the protesting students voiced their disagreements. The speaker engaged with them. The protesting students then filed out… [read post]
