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8 Mar 2023, 5:34 am
[The only announcements on the law student listserv that attract hateful commentary are from the Jewish Law Students Association] [Author's note: I published a significantly longer version of this post at the Times of Israel.] I recently posted an article about the increasingly hostile environment Jewish students face at elite law schools. Within hours, I heard from Michigan Law students upset and concerned about what one called "antisemitic invective" on a student email listserv… [read post]
8 Nov 2022, 12:05 pm
From the Taft law firm's website: "Each year, Taft awards up to seven fellowships to highly motivated, first-year law students who are members of historically underrepresented ethnic and/or racial minority groups." My understanding of employment law is that it's questionable whether race is ever a lawful factor in hiring, beyond a remedial context for past discrimination by a particular company, as in the Weber case.. But that is somewhat controversial. What I understand is not… [read post]
2 Nov 2022, 7:44 am
[Counsel for UNC did not know which box students of Middle Eastern Origin are supposed to check.] From the oral argument transcript: JUSTICE KAVANAUGH: How are applicants from Middle Eastern countries classified from Jordan, Iraq, Iran, Egypt and the like? MR. PARK: My understanding is that just like other situations where they might not fit within the particular boxes on the common application, that we rely on self-reporting and we would ask—you know, they can volunteer their particular… [read post]
27 Jul 2022, 4:54 am
[Arab and Iranian activist groups are trying to get the Biden administration to impose a new MENA classification; it would have some surprising effects on American Jews.] [Cross-posted from my blog at The Times of Israel] The Biden administration is considering adding a new "Middle Eastern and North African" racial classification to the US Census. If this classification gets written into law, it will inevitably spread to college applications, civil rights forms, and other documents that… [read post]
22 May 2024, 9:24 am
Along with dozens of Title VI administrative complaints filed with the Office of Civil Rights, at least fourteen colleges and universities are facing lawsuits over their handling of antisemitism on campus since October 7. I asked around, and no one seems to have a compiled a list of defendants with links to the complaints, so I've created one, which I will update as needed. Let me know if I have missed any. UPDATE: It turns out that there is a website keeping up with the litigation, though… [read post]
10 Oct 2023, 5:44 am
In the New York Times, some acknowledgements of failure of the sort we rarely see from US officials. It would be like leading retired American national security officials announcing in 2013 or so that they completely misunderstood the situation in Iraq for the past ten years. Yet for Israeli leaders, Hamas was useful, too. It was someone in control of Gaza to talk to …. that could help keep stability, which is why Israel had refrained from a full-scale assault in Gaza. … "We must… [read post]
27 Jul 2018, 6:54 am
Act I: Shook, Hardy, and Bacon attorney Paul Reid (who I don't know and have no prior connection with) represents a severely injured plaintiff seeking compensation for his injury. As tends to happen in civil litigation, the case drags on. Act II: Opposing law firm asks for a continuance, which would further delay trial, in part based on the lead defense attorney's pregnancy and subsequent maternity leave plans. Act III: Reid files a rather mundane motion opposing the continuance, stressing… [read post]
28 Sep 2018, 12:29 pm
The ABA president called for a delay in voting on Kavanaugh's nomination, but the ABA refuses to provide any details about this decisionYesterday ABA president Robert M. Carlson sent a letter to Senators Grassley and Feinstein on behalf of the ABA. The letter urged that senators delay a vote on Judge Kavanaugh's nomination until "an appropriate background check into the allegations made by Professor Blasey and others is completed by the Federal Bureau of Investigation." The… [read post]
14 Sep 2018, 8:02 am
" [Bernstein: actually, MacLean never mentions that Buchanan favored confiscatory estate taxes, [read post]
7 Jan 2026, 9:52 am
My latest article, Title VI Hostile Environment Law in the Shadow of Antisemitic Violence, forthcoming in the Journal of Free Speech Law, is now available to download. The article is forty pages long, but its basic contribution comes down to this: discussion by judges and commentators of hostile environment complaints filed by Jewish students have largely ignored the fact that Jewish students across the US have faced violence, threats, and intimidation since October 7, in a national environment in… [read post]
10 Jan 2008, 7:41 am
Yet as David Bernstein points out, we've been down this road before. [read post]
10 Dec 2012, 4:19 pm
David A. [read post]
1 Jul 2017, 7:24 pm
Back in 2015, Judge Bernstein issued a ruling in a birth defects case in which the mother had claimed [read post]
22 Jun 2007, 6:00 am
The second post is from Professor David Bernstein about repressed memory lawsuits:The District Court, [read post]
30 Aug 2016, 2:33 pm
Bernstein is a trial court judge for the Philadelphia County Court of Common Pleas. [read post]
1 May 2025, 6:18 am
Whatever one thinks of the relevant legal and constitutional issues regarding the Trump administration's campaign to revoke visas from and deport students it deems antisemitic and supportive of terrorism, one should be clear on exactly what views and backgrounds some of these people have. You often won't find out from mainstream media sources. A case in point is Columbia grad student Mohsen Madawi, who won a habeas petition yesterday. Judge Geoffrey Crawford bought the portrayal of… [read post]
10 Oct 2024, 6:13 pm
From Kassy Akiva's X feed: At Harvard for an event with Mosab Hassan Yousef [author of Son of Hamas]. The organizers were just forced to read a note from the Harvard administration stating that disrupters are allowed to make noise for 10 minutes before being removed. Here's the full statement the students had to read to the audience: "A quick note before we begin—Harvard University is committed to maintaining a climate in which reason and speech provide the correct response to… [read post]
22 Sep 2024, 7:49 am
This year's entering class is the first since admissions decisions were constrained by the Supreme Court's ban on racial preferences in the SFFA case, and lots of interesting data have been coming out. Some elite universities like Yale, despite swearing in an amicus brief that there was no way to retain racial diversity without using preferences, have seen their "underrepresented minority" demographics barely change. Others, like MIT and Johns Hopkins, have seen their Asian… [read post]
9 May 2024, 6:15 pm
" David Duke may have invented, but certainly has been the leading popularizer of, the notion that [read post]
28 Apr 2024, 11:38 am
[David notes: This is true of both the national organization and individual campus SJPs.] [read post]
