The irrepressible Josh Blackman of Joshblackman.com and I recorded a podcast about Rehabilitating Lochner last week. You can find it here.
Author Archive | David Bernstein
Yet More “Life Imitates Rehabilitating Lochner”
Rehabilitating Lochner, Conclusion: The longstanding myth of a wildly activist, reactionary Supreme Court imposing a grossly unpopular laissez-faire ideology on the American people on behalf of large corporate interests—with little concern for precedent, constitutional text, or individual or minority rights—is far removed from historical reality. The academics who invented the prevalent mythology likely sought, consciously […]
Stripping Congress of its Power of the Purse?
Via Althouse, I learn the following from Jake Tapper: One rider [to the bill] – Section 2262 — de-funds certain White House adviser positions – or “czars.” The president in his signing statement declares that he will not abide by it. “The President has well-established authority to supervise and oversee the executive branch, and to […]
Human Rights Watch’s Iain Levine on Goldstone
This letter to the Daily Beast is notable for at least three reasons. (1) First, no weasel words like HRW’s previous statements on the issue. “Goldstone has reconsidered the report’s conclusion that Israel had a policy of deliberately targeting civilians in Gaza—a charge Human Rights Watch never made.” As I noted previously, I don’t think […]
More Self-Parody
Palestinian terrorists in Gaza of the “Brigade of the Gallant Companion of the Prophet Mohammed bin Muslima” murdered Italian pro-Palestinian activist Vittorio Arrigoni, a volunteer for the International Solidarity Movement. ISM tweeted, “While we mourn Vittorio, let’s remember that he died resisting the Israel Occupation.”
Rehabilitating Lochner News
(1) Amazon is shipping the book, though its official publication date is more than a month away. Those who preordered from Amazon have already received it. (2) Larry Solum’s Legal Theory Bookworm recommends the book. (3) Tim Sandefur was one of the pre-orderers, and he calls Rehabilitating Lochner “the first serious effort to put the […]
Twin Cities Rehabilitating Lochner Tour Tomorrow Through Thursday
I have a busy schedule talking about Rehabilitating Lochner this week. The public is invited to all of these, and I’d love to see some VC readers. Tuesday, 12:00 pm – 1:00 pm Location: Minnesota Judiciary Center, 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155. Minnesota Lawyers Chapter. 1 CLE credit […]
Random Consumer Tips
(1) Looking for a calcium/Vitamin D chewable supplement that your kids will actually eat, and that’s sugar-free? It took me a long time to find these. I tried several other brands, and they were both sticky and loaded with sugar, and disliked by my kids. The ones I link to aren’t marketed for children, but […]
Recommended Reading: Olson’s Schools for Misrule
I highly recommend my friend Walter Olson’s new book, Schools for Misrule: Legal Academia and an Overlawyered America. Wally is one of my favorite writers, and I modeled the style of my You Can’t Say That! on two of his previous books, The Litigation Explosion and The Excuse Factory. He’s not a lawyer, but he […]
Human Rights Watch (and Amnesty International) on Goldstone Retraction
By David Bernstein on April 6, 2011 8:17 pm in International Human Rights Law, International Law, Israel
As I noted a few days ago, Justice Richard Goldstone wrote a Washington Post op-ed last week in which he states that contrary to the implications of his eponymous report, Israel did not deliberately target civilians in Gaza during Operation Cast Lead. Human Rights Watch contributed heavily to the content of the Goldstone Report, and […]
Richard Goldstone: Chief Kangaroo
Ronald Radosh, commenting on Justice Goldstone’s bizarre “just kidding” op-ed in yesterday’s Washington Post about the eponymous Goldstone report on Israel’s conduct in Operation Cast Lead (despite the dateline, it’s not, near as I can tell, an April Fool’s joke): In a stunning and unexpected turn of events, Judge Richard Goldstone has essentially reversed himself […]
Received “Rehabilitating Lochner” in the Mail Today
It’s not available for purchase yet, but it’s “at the warehouse” (and of course available for preorder at Amazon).
The One and Only Substantive Due Process Clause
By David Bernstein on March 23, 2011 7:48 pm in Constitutional History, Constitutional Law, Constitutional Theory, Originalism, Rehabilitating Lochner
Attorney Ryan Williams recently published an article in the Yale Law Journal called “The One and Only Substantive Due Process Clause.” It’s pathbreaking. Essentially, Williams argues that in 1791, when the Fifth Amendment’s Due Process Clause was enacted, “due process of law” had only a procedural meaning, and only guaranteed proper judicial procedures. By 1868, […]
Talk at University of Michigan Law School Tomorrow
I’ll be speaking about Rehabilitating Lochner: Defending Individual Rights against Progressive Reform tomorrow at noon, with comments from U. Mich. Law prof and renowned legal historian Richard Friedman. Free and open to the public.
Libya
Foreign Policy: British Prime Minister David Cameron said on Tuesday that Arab sentiment was, “if you don’t show your support for the Libyan people and for democracy at this time, you are saying you will intervene only when it’s about your security, but you won’t help when it’s about our democracy.” Well, yeah. Nations put […]