This book, by journalist Charlie Savage was published six years ago, but I just finished it. It’s a well-written, well-researched critique of the George W. Bush’s Administration’s abuse of executive power based on often extremely dubious constitutional theories. If you’re interested in the subject matter, it’s well worth reading, despite its age. Of particular interest […]
Author Archive | David Bernstein
Canadian Prime Minister Harper on Israel
I think President Obama has been better to Israel than his critics acknowledge, and has been very pro-Israel by any standard except perhaps that of the prior two presidents, who were the most pro-Israel of any American presidents. But it’s hard to imagine him giving a speech like this: “It is a Canadian tradition to […]
D.C. District Court Judge Friedman (Clinton Appointee) Rejects Challenge to Obamacare Federal Exchange Subsidies
There’s a lot to absorb in Wednesday’s opinion, but I can’t get past this analysis: Why would Congress have inserted the phrase “established by the State under [42 U.S.C. § 18031]” if it intended to refer to Exchanges created by a state or by HHS? But defendants [the government] provide a plausible and persuasive answer: […]
Filipina Guest Worker Rose Fostanes Wins Israel’s X-Factor
We take a break from law and politics to bring you this heartwarming story of a Filipina caregiver who never sang before in public winning Israel’s X-Factor. Oh, and she happens to be gay. Here’s the audition video And here she is singing Bohemian Rhapsody (of all things). If you don’t speak Hebrew, skip to […]
“The Nation” has No Credibility
If it did, it wouldn’t have published this obituary of Ariel Sharon by professional anti-Israel agitator Max Blumenthal. I’m not a big Sharon fan, but it’s not the negative nature of the obituary that’s problematic. Rather, I’m not sure I’ve ever seen a more consistently dishonest appraisal of historical fact in the Arab-Israeli conflict, at […]
Is Concern about “Czars” Purely a Partisan Issue?
Quite a few commenters responded to my post about President Obama’s use of high-level appointees not subject to Senate confirmation, colloquially known as “czars,” with some version of the claim that the whole issue is a purely partisan attempt by right-wing Republicans to attack the president. It’s therefore worth pointing out that to their credit, […]
Can the President Spend Money on Something Congress “Defunds”?
I’ve always thought that when it came to turf wars between the executive and legislature, Congress held the trump card of the “power of the purse.” But here’s what happened back in 2011 when Congress voted to defund several “czar” positions, positions that upset people on both sides of the aisle because they can be […]
Tikvah Fund Call for Applicants
Below. I did one of the advanced institute seminars in September, it was excellent. My impression is that “serious (not necessarily Orthodox) Jews” are preferred over other applicants. Interested in the intersection between Jewish and Western thought? Engaged with questions of domestic or foreign policy? The Tikvah Fund is pleased to announced several exciting, stipend-bearing […]
Revisiting Krugman on Reagan and Race Part II
Previously, I pointed out that Paul Krugman got his facts wrong on two of the three examples he used in a much-cited column to allege that Reagan used “tacit race-baiting.” But what of the third example? “During the 1976 campaign Reagan often talked about how upset workers must be to see an able-bodied man using […]
Mockery of the Obamacare Pajama Boy Anti-Semitic?
That’s the claim made by one Jay Michaelson in the Forward: Yes, Virginia, Pajama Boy is a member of the tribe. Look at him. Pale Ashkenazic skin, Jew-fro’d black curls, Woody Allen specs. Even the smart-ass expression on his face screams of the Wise Son from the Passover Seder.Parenthetically, the model himself is one Ethan […]
Revisiting Krugman on Reagan and Race (UPDATED)
Back in 2007, Krugman wrote a much-talked-about column in which he accused Ronald Reagan of exploiting white racism in his quest for the presidency. He gave three specific examples of Reagan using “tacit race-baiting.” One was Reagan’s speech at a County fair in Mississippi where, he says, Reagan “declared his support for states’ rights — […]
Nathan Schachtman on the Elite Defense Bar and Expert Evidence
Posted with permission from the SchachtmanLaw blog. A couple of months ago, Professor David Bernstein posted to the Volokh Conspiracy, a short piece about some of the missteps and mistakes committed by “elite defense counsel” in litigating expert witness issues. Professor Bernstein makes some interesting points about questionable positions taken by “elite defense counsel” (read: […]
American Studies Association Faces Consequences from its Boycott
I previously posted about the proposed boycott of Israeli institutions by the American Studies Association, which was approved by a vote of its membership over the weekend. The boycott is pretty lame; it’s supposed to be in solidarity with the international boycott movement advocated by Palestinian “civil society” organizations, which calls for a complete cultural […]
Is Refusing to Provide Commercial Services for a Circumcision Discrimination against Jews?
Here’s the hypothetical: Shlomo Cohen has been blessed with a son, but he lives in San Francisco, where there is a vocal anti-circumcision movement. He emails his neighbor, a photographer, and asks him if he would photograph his son’s bris. The photographer responds, “Shlomo, no offense, but I think circumcision amounts to genital mutilation, and […]
Reminder to Readers about Our Archived Posts–Mistaken Identity
I was just doing some research in the archived posts and noticed that a problem that occurred when we switched servers hasn’t been solved. All the old posts are there, but they often have the wrong “byline.” I.e., a post I wrote may have Eugene’s or Randy’s or Orin’s name on it. So I would […]