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30 Aug 2013, 7:18 pm
The keynote speakers include David Goulden, President and COO, EMC Corporation, and Hon. [read post]
3 Apr 2014, 11:42 am
via www.washingtonpost.com David Bernstein is a national treasure. Read the whole thing. [read post]
17 Aug 2012, 9:30 pm
More.In case you missed David Gans's description on Balkinization of the scholar's brief [read post]
18 Sep 2011, 9:55 pm
Chase: Cabinets, Courts, and Currencies, by Emily KendallLochner and Constitutional Continuity, by David [read post]
20 Mar 2018, 10:00 am
abstract (around 500 words) outlining the paper that you’d like to present by May 1, 2018, to Anya Bernstein [read post]
7 Sep 2018, 3:06 am
Bourne thread] “Prevailing Wage Legislation and the Continuing Significance of Race” [David [read post]
8 Apr 2013, 10:00 am
Bernstein (NYU Press). [read post]
5 Mar 2025, 8:13 am
[My new article is available on SSRN] You can download it at this link. Abstract: The Supreme Court's 1920s Education Trilogy cases–Meyer v. Nebraska, Pierce v. Society of Sisters, and Farrington v. Tokushige–were important milestones in American constitutional history. These decisions protected private schools, religious and otherwise, from the threat of closure in many states. This preserved educational freedom for parents who preferred private education for their children. As a… [read post]
6 Oct 2024, 7:22 am
I was asked this question at a panel of the recent Israeli American Council national conference, and here is how I responded: As a rule, the act of boycotting is not constitutionally protected, because it's considered an economic act, not a matter of free expression. That said, as a general matter, anyone is free to advocate a boycott, because advocacy is protected speech. In any event, regardless of constitutional considerations, no one is going to force a professor to submit a paper to an… [read post]
1 Aug 2024, 7:01 pm
Given Donald Trump's recent remarks about Kamala Harris' racial/ethnic identity, it's an unfortunate coincidence that I posted something earlier this week noting that Harris once emphasized her Indian heritage more. So just to formally disassociate myself from Trump's views, no, I do NOT think that Harris is faking a black identity, and the fact that she once gave more public attention to the Indian part of her heritage as part of her political persona does NOT mean that she is… [read post]
24 Apr 2024, 10:25 am
April 15, 2024, was admitted students day at Northwestern University. Student protestors took advantage of that day to, well, protest. As the Daily Northwestern reported, "Demonstrators outside Sargent and Allison handed out flyers that welcomed admitted students to what they called the 'real Northwestern' around noon." The leaflet handed out by protesters accused Northwestern of "funneling Jewish students into Hillel, the Zionist 'foundation for Jewish… [read post]
19 Oct 2023, 5:38 am
[Originally posted on October 13. In light of the updates, I am reposting this and moving it to the to the top of the Conspiracy.] This was circulated to the law school community on Monday [Oct. 10], so no excuses about it being an initial visceral reaction to be re-thought as a scope of the massacre became clear. I have the entire statement, which I am happy to share, but for now I just want to present the first paragraph. I don't really have words to describe how disgusting this is. It's… [read post]
3 Oct 2023, 7:39 am
[I'm reposting this because the linked article disappeared from SSRN's website soon after I posted it, until a copyright permission issue was resolved.] My article, Students for Fair Admissions and the End of Racial Classification as We Know It, has been published in the new Cato Supreme Court Review. Here is the abstract: The Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) likely marks the beginning of the… [read post]
20 Aug 2023, 5:56 pm
Looking at the underlying facts in major cases in the Supreme Court and circuit court cases, we see that Black Americans have always been eligible, the Mexican American classification expanded into all Hispanics, Asian Americans and subgroups thereof were initially eligible, but later were considered "over-represented" and therefore at best ineligible for preferences, if not subject to higher standards than white applicants. Defunis v. Odegaard: Black Americans, Chicanos, American Indians,… [read post]
31 Jul 2023, 5:03 am
[She doesn't do a very good job of it.] Justice Sotomayor, in the Students for Fair Admissions affirmative action cases: The Court also holds that Harvard's and UNC's race conscious programs are unconstitutional because they rely on racial categories that are "imprecise," "opaque," and "arbitrary." We're off to a bad start. The issue is not simply that Harvard and UNC use these categories in a "race conscious" way, it's that Harvard… [read post]
14 Nov 2025, 6:28 am
[At at time where moral clarity about antisemitism and radical hostility to Israel has been sorely lacking, the Federalist Society stepped up.] [Readers: this post has a long windup before it gets to the relevant Federalist Society panel. If your patience wears thin, feel free to scroll to the end.] The last decade has been an extraordinarily difficult one for Jewish Americans. It began in 2015, when Donald Trump's populist candidacy unleashed a wave of vicious antisemitism on social media from… [read post]
18 Jan 2023, 10:33 am
Tulane University has the highest percentage of Jewish students (around 40%) of any secular university in the country. Tulane student Sarah Me wrote a truly idiotic and reprehensible piece for an off-campus conservative publication defending Kanye West's recent antisemitic remarks. I don't see any good reason to give her asinine defense further play, but if you really want to read it, you can find it here. Students making asinine defenses of antisemites, or indeed making antisemitic… [read post]
17 Oct 2022, 5:00 am
I was a bit perplexed that in defending YLS's commitment to free speech, Dean Gerken noted that "the faculty revised our disciplinary code and adopted a policy prohibiting surreptitious recordings that mirrors policies that the University of Chicago and other peer institutions have put in place to encourage the free expression of ideas." From the proverbial "veil of ignorance," this may indeed be a good policy. But in context, one may recall that the only reason that the… [read post]
7 Oct 2022, 6:19 am
In August, nine student groups at Berkeley law school signed a statement sponsored group Berkeley Law Students for Justice in Palestine pledging not to invite "speakers that have expressed and continued to hold views … in support of Zionism, the apartheid state of Israel, and the occupation of Palestine." Two things need to be clarified. First, by "support" for "the occupation of Palestine" SJP means "supports the existence of Israel." So any speaker… [read post]
16 Aug 2022, 5:12 am
A reader asked a reasonable question. You claim, he said, that your new book Classified: The Untold Story of Racial Classification in America, is a non-polemical, scholarly look at the modern history of racial classification in the United States. If so, why didn't you publish the book with an academic press, which would be the logical place for an academic to publish a non-polemical, scholarly book? Why instead publish with a conservative publisher that, whatever its other virtues, publishes… [read post]
