Search for: "David Bernstein"
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1 Nov 2023, 4:50 am
This is my new article, forthcoming in the SMU Law Review. Larry Solum's legal blog says its "highly recommended," and you can download it here. Meanwhile, here is the abstract: Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial classifications used in these programs are legitimate and uncontroversial (an assumption I challenge in my 2022 book, Classified: The Untold Story… [read post]
9 Oct 2023, 8:08 am
It's by perhaps Israel's best national security journalist, Haviv Rettig Gur: Theories abound about Hamas's reasons for the assault. Many suggested it was an Iranian-ordered disruption of Israeli-Saudi normalization. Others focused on internal Palestinian politics and suggested Hamas was positioning itself, even at the cost of an inevitable and crushing Israeli retaliation, as the unquestioned leader of the Palestinian struggle after Mahmoud Abbas's death. Still others said the… [read post]
8 Dec 2022, 1:59 pm
At oral argument in the recent affirmative action cases, attorneys for the defendants argued that although they do ask applicants to check a racial/ethnic box, they do not limit their consideration of diversity just to those classifications, but also to religion, ideology, and other aspects of identity that affect viewpoint. (For example, Mr. Waxman for Harvard: "Harvard greatly values religious diversity.") That's what they tell the courts. Here, however, is how Yale Law School… [read post]
11 May 2022, 1:09 pm
There's a lot of loose talk going around about the potential consequences of the Court's pending decision to overrule Roe v. Wade. Among other things, some serious people, such as several law professors in this Vox symposium, are suggesting that the Court may overrule Loving v. Virginia, which held that interracial marriages are unconstitutional. After all, if abortion is not a firmly established historical right protected by the Due Process Clause, then perhaps neither is interracial… [read post]
4 Nov 2018, 6:21 am
organization founded by the billionaire libertarian Koch (pronounced "Coke") brothers, Charles and David [read post]
26 Sep 2018, 11:15 am
Ford acknowledges she didn't tell anyone in any detail about Kavanaugh's alleged sexual assault and attempted rape until thirty-two years after the incident. Under the best of circumstances, a thirty-two year time gap before an allegation surfaces would raise questions about the accuracy and completeness of complainant's memory. But this isn't the best of of circumstances. For one thing, everyone else who Ford claims was at the relevant party, including a lifelong friend of hers,… [read post]
29 May 2018, 12:22 pm
As readers may recall, Democracy in Chains by Duke History Professor Nancy MacLean is a very badly-flawed account of the life, career, and influence of the late Nobel Prize winning economist, James Buchanan. Despite the fact that the book has been shown to be replete with errors, exaggerations, and misinterpretations, it was a finalist for a National Book Award and more recently received honors from the Los Angeles Times. Most disturbingly, despite serious allegations of academic malfeaseance,… [read post]
15 Jun 2022, 4:30 am
police say (Dan Morse, The Washington Post) The Supreme Court Could Foster a New Kind of Civil War (David [read post]
31 Mar 2008, 1:25 pm
My friend, Professor David Epstein at Southern Methodist University, was telling me about an innovative [read post]
1 Feb 2024, 6:32 am
McGillivray, BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP, Wilmington, Delaware; Jeroen van Kwawegen [read post]
1 Feb 2024, 6:32 am
McGillivray, BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP, Wilmington, Delaware; Jeroen van Kwawegen [read post]
25 Feb 2012, 9:01 pm
Here's a look at the schedule: Finance & Access to Care Mark Hall (Wake Forest), David [read post]
22 Mar 2012, 9:05 pm
ALEC Enjoys A New Wave of Influence and Criticism” [Alan Greenblatt, Governing] Symposium on David [read post]
7 Jun 2007, 3:05 pm
Update: More from David Bernstein. (The "Olson" quoted is Ted Olson, not Walter.) [read post]
29 Nov 2015, 6:41 am
Santucci, Haggerty, and David W. Bernstein. [read post]
27 Aug 2013, 6:45 am
” David Bernstein of George Mason has written in detail about how the old Jim Crow system was based [read post]
26 Jan 2015, 12:27 pm
And, following our reporting on the filing of Judge David Young last week, we received several [read post]
23 Feb 2024, 9:30 pm
Court continues, with recent contributions by Ariela Gross, Willie Forbath, Jill Lepore, Lisa McGirr, David [read post]
25 Nov 2012, 2:00 am
Bernstein reviews Bernard Bailyn's The Barbarous Years: The Peopling of British North America: The [read post]
7 Jun 2023, 4:20 pm
On Tuesday, in Nuziard v. Minority Business Development Agency (MBDA) federal district court judge Mark T. Pittman issued an injunction against the MBDA's Business Center Program. These Centers may give assistance only to businesses owned by socially or economically disadvantaged individuals. A Business owned by a "Black, African American, Hispanic, Latino, American Indian, Alaska Native, Asian, Native Hawaiian, Pacific Islander, Puerto-Rican, Eskimo, Hasidic Jew, Asian Indian, or a… [read post]
