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26 Oct 2022, 7:40 am by David Bernstein
In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. The Court split 4-4-1. Four Justices argued that the 1964 Civil Rights Act barred the use of race in university admissions. Four justices contended that neither the Act nor the Fourteenth Amendment prohibited the use of race in admissions for remedial purposes, including explicit racial and ethnic quotas. Justice Lewis Powell, writing only for himself, concluded that quotas were forbidden, as was the use of… [read post]
14 Oct 2022, 8:47 am by David Bernstein
Re the controversy over nine student groups banning speakers who think Israel should exist. Chemerinsky: The Jewish Law Students Association can refuse to invite Holocaust deniers. The Black Law Students Association can refuse to invite white supremacists. I may not like the choices they make about what viewpoints they invite or not invite, but that is their First Amendment right. What is not allowed is excluding a speaker based on religion or race or sex or sexual orientation. And that has not… [read post]
28 Jul 2022, 9:50 am by David Bernstein
[Two new postings of my work on SSRN] For those who want to try before they buy, I've posted the Introduction to Classified: The Untold Story of Racial Classification in America at SSRN. Here are the final few sentences of the Intro: This book explores that status quo and how we came to our current equilibrium. The book addresses the classifications' history, definitions, boundaries, enforcement, and application. Readers should consider whether and to what extent the results are sensible,… [read post]
31 Jan 2022, 6:41 pm by David Bernstein
[It's becoming increasingly clear that other law schools are dearly in need of a similar commitment] Given recent events at Georgetown University Law Center and other law schools, I think it's an opportune time to remind readers of this blog of the statement my faculty adopted in August 2020. I wish I could say that many other law school faculties have issued similar statements, but to my knowledge none have. Statement of Faculty Principles In light of the current state of dialogue and… [read post]
7 Dec 2021, 4:23 pm by David Bernstein
[For that matter, while people accept Hispanic and Latino as secondary identifies, most prefer to be labeled "just American" or by their country of origin.] Politico: Only 2 percent of those polled refer to themselves as Latinx, while 68 percent call themselves "Hispanic" and 21 percent favored "Latino" or "Latina" to describe their ethnic background, according to the survey from Bendixen & Amandi International, a top Democratic firm specializing in Latino… [read post]
12 Nov 2021, 3:02 pm by David Bernstein
[He ordered Moderna to slow down vaccine trials to recruit more "people of color" for no valid scientific reason] From an NPR Interview: ARONCZYK: People of color were disproportionately getting sick and dying from COVID. And at this point in time, Dr. Collins is overseeing the pharma companies that are in phase 3, that are recruiting tens of thousands of people to try out the shots. And he looks at who Moderna has been signing up. COLLINS: They felt this enormous pressure to recruit… [read post]
7 Mar 2025, 8:06 am by David Bernstein
[At least sometimes, yes.] I'm not an expert on immigration law, but it appears that US law prohibits entry for foreigners who support designated Foreign Terrorist Organizations, such as Hamas. This in turn leads to the question of whether foreign students who have already been admitted can have their visas revoked (or not renewed) for supporting Hamas while in the US, as the Trump administration has announced plans to do. This question was the subject of Eugene's very interesting post… [read post]
2 Apr 2024, 6:08 am by David Bernstein
[A new study says yes, but it has some serious problems.] A new academic study by Brianna Richmond, et al., purports to show that opposition to Critical Race Theory is correlated with ignorance of CRT. The quiz the authors use, however, to determine the level of knowledge of CRT is quite problematic. CRT, being a body of academic work, does not have a singular position on various issues, making any such "quiz" difficult. But with that said, the quiz is structured so that the answers… [read post]
19 Oct 2023, 7:23 pm by David Bernstein
[Police at my university decline to enforce the law.] Below is a picture that a friend forwarded to me from a Students for Justice in Palestine rally at my university's Fairfax campus. The organizers advised students to wear face coverings to hide their identities (one post specifically about this rally advised the students to wear face coverings, another post on general protest advice told students to hide their identities, including their faces). Like many states, Virginia has a law, aimed… [read post]
7 Dec 2025, 4:51 am by David Bernstein
[The court's rationale for dismissing the case simply ignores the plaintiffs' allegations.] I recently read the complaint and district court opinion in Yakoby v. Trustees of University of Pennsylvania. The plaintiffs brought several claims against Penn, including that Penn tolerated a hostile environment for Jewish students in violation of Title VI of the 1964 Civil Rights Act. The case is currently on appeal to the Third Circuit. In June, district court judge Mitchell S. Goldberg… [read post]
30 Oct 2025, 7:43 pm by David Bernstein
As Jewish Insider reports: Heritage Foundation President Kevin Roberts doubled down on the influential conservative group's support for Tucker Carlson, who has been leaning into increasingly explicit antisemitism and opposition to Israel on his podcast, and expressed unwillingness to "cancel" neo-Nazi influencer Nick Fuentes…. He said the group would "always defend our friends against the slander of bad actors who serve someone else's agenda. That includes Tucker… [read post]
24 Jul 2012, 7:43 am by The Federalist Society
To discuss the case, we have David Bernstein, who is the George Mason University Foundation Professor [read post]
11 Apr 2011, 5:49 am by Walter Olson
Here is part one: Volokh Conspiracy blogger David Bernstein, who teaches law at George Mason, generously [read post]
6 Dec 2024, 9:30 pm by ernst
  David Bernstein has posted his AHR review of Kersch's Constructing Civil Liberties on the [read post]
9 Jul 2011, 2:42 am by Karen Tani
A review by Scott Gerber, Ohio Northern University Law, in EH.net of David Bernstein's Rehabilitating [read post]
8 Feb 2012, 12:32 pm by Dan Filler
 Commentators like David Bernstein and William Jacobson offered severe criticism of Connell [read post]
2 May 2018, 3:04 am by Walter Olson
Josh Blackman, not to mention my own book Schools for Misrule [David Bernstein and more, Paul Horwitz [read post]
12 Dec 2014, 4:12 am
” asks David Bernstein, professor of Law, George Mason University School of Law and also a Yale [read post]
10 Mar 2025, 4:00 am by Howard Friedman
Drummond, (March 03, 2025).David Eliot Bernstein, The Supreme Court’s Mysterious 1920s Due Process [read post]