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6 Aug 2018, 5:16 am by David E. Bernstein
The Koch-Trump feud is just part of the conspiracy to amend the Constitution in talk show host Mark Levin's image.Readers will recall that Duke Historian Nancy MacLean wrote a horrible book filled with errors, misrepresentations, and speculation, on the late economist James Buchanan. The book depicts Buchanan as the intellectual mastermind of a Koch-driven plot to destroy American democracy in favor of libertarian oligarchy. By now, no one who is really paying attention should take the book, or… [read post]
15 May 2018, 6:36 pm by David E. Bernstein
Columbia Law School professor Katherine Franke, a prominent supporter of the Boycott, Divestment, and Sanctions movement against Israel, was recently denied entry into Israel, pursuant to legislation excluding supporters of boycotting Israel from the country. Columbia Dean Gillian Lester sent out this statement, reprinted at Leiter: Colleagues, As many of you know, our colleague, Katherine Franke, was recently denied access to Israel, detained, and deported while traveling there as a member of a… [read post]
12 Mar 2018, 10:14 am by David E. Bernstein
Duke history professor Nancy MacLean is author of the atrocious hit job on the late Nobel Prize-winning economist James Buchanan, Democracy in Chains, a book that has been savagely and justly eviscerated on this blog and elsewhere. In the book, among other inventions, MacLean spins a made-up conspiracy theory about how Buchanan provided the intellectual software to fuel Charles Koch's (who else?) determination to undermine American democracy. In a recent C-Span interview, at around the 19:30… [read post]
26 Jul 2018, 6:23 am by David E. Bernstein
I have a new article in the Cumberland Law Review, for a colloquium on the one hundredth anniversary of Buchanan v. Warley. Here's the abstract: In 1917, in Buchanan v. Warley, the Supreme Court invalidated a Louisville residential segregation law, one of a wave of such laws spreading through the United States. Even though Buchanan v. Warley was a dramatic victory for racial equality at a time in American history when anti-black racism was at a post-Civil War peak, with an avowed… [read post]
16 Mar 2018, 9:11 am by David E. Bernstein
Liberty and Law Center Free Speech Clinic Fellow Salary Range: Competitive with similar fellowships. The Liberty and Law Center at the Antonin Scalia Law School is looking for a Free Speech Clinic Fellow to run a new Free Speech Clinic for law students, which will begin in Fall of 2018. The Free Speech Clinic Fellow will collaborate with the Clinic Director to manage, instruct, and support the activities of the Free Speech Clinic. It is anticipated that the Clinic will focus on two core First… [read post]
30 Aug 2016, 2:33 pm by Schachtman
Shortly after I presented at the ALI-ABA conference, Professor Julie E. [read post]
18 Sep 2011, 9:55 pm by Dan Ernst
Chase: Cabinets, Courts, and Currencies, by Emily KendallLochner and Constitutional Continuity, by David [read post]
7 Sep 2018, 3:06 am by Walter Olson
Bourne thread] “Prevailing Wage Legislation and the Continuing Significance of Race” [David [read post]
5 Nov 2018, 6:18 pm by David E. Bernstein
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free SpeechVolokh Conspiracy readers are invited to a conversation with two renowned First Amendment experts, the VC's own Eugene Volokh and Nadine Strossen (former president of the ACLU). They will discuss the future of free speech in the United States. The conversation will be moderated by Bradley A. Smith, founder and Chairman of the Institute for Free Speech, and former Chairman of the… [read post]
2 Oct 2018, 3:10 am by David E. Bernstein
An exchange I had with a fellow law professor revealed disagreement over whether Christine Ford's refusal to turn over any of her records of the therapy sessions in which she discussed the alleged incident involving Brett Kavanaugh, even in redacted form, to the Senate Judiciary Committee, undermines her credibility. First, I addressed the claims that (a) the legal system treats what Ford told her therapist is presumptively true, because it comes within a hearsay exception; and (b) that her… [read post]
6 Jul 2009, 12:50 am
latest retooling of drug laws enacted during the drug epidmeic of the 1970s, signed into law by Governor David [read post]
30 Apr 2018, 9:28 am by David E. Bernstein
USC law professor Michael Simkovic has a blog post up at Leiter Law School Reports which I can charitably deem "remarkable." The basic proposition is that the only problem with free speech on university campuses is that a cabal of right-wing provocateurs are luring immature students into trying to shut them down, to make universities look bad for the benefit of a Koch-inspired war on higher education. Here's a taste: Recently, the Federalist Society invited South Texas College of Law… [read post]
4 Apr 2017, 4:45 pm
 Bernstein, Henry. Class Dynamics of Agrarian Change. [read post]
3 Apr 2017, 11:22 am
 Bernstein, Henry. Class Dynamics of Agrarian Change. [read post]
23 Jun 2008, 6:35 pm
schools," Robin West, now a professor and associate dean at Georgetown Law Center, wrote in an e-mail [read post]
20 Apr 2018, 2:35 pm by David E. Bernstein
" Here is Kilborn's full, unedited response to my post: On April 16, David Bernstein, a professor [read post]