Author Archive | David Bernstein

the U.S. Court of Appeals for the Third Circuit just held in Webb v. City of Philadelphia (some paragraph breaks added): [Kimberlie] Webb requested permission from her commanding officer to wear a headscarf while in uniform and on duty. The headscarf (a khimar or hijaab) is a traditional headcovering worn by Muslim women. Webb’s headscarf […]

Well, let’s listen to Yale Law School Dean Harold Koh, now nominated to be the Legal Advisor to the State Department, in his On American Exceptionalism, 55 Stan. L. Rev. 1479 (2003): By distinctiveness, I mean that America has a distinctive rights culture, growing out of its peculiar social, political, and economic history. Because of […]

From Liberty Counsel: The Vermont Legislature voted to override Governor Jim Douglas’ veto of a bill that permits same-sex couples to marry in Vermont. The state Senate voted 23-5 to override the veto and the House of Representatives voted 100-49 to override. Two-thirds of the Senate and the House votes were necessary. Vermont was the […]

The Fall 2008 issue of the American Jewish Historical Society’s Heritage magazine has some great stories. Here’s one: More problematic was the situation of Union soldiers who, unable to hold their own Seders, were forced to “fraternize” with local Southern Jews. Myer Levy of Philadelphia, for example, was in a Virginia town one Passover late […]

During the Gaza military conflict in January, Hamas apologists claimed that the whole thing was Israel’s fault for limiting the amount of goods that can cross into and out of Gaza, necessitating Hamas’s “resistance. Yet Hamas and other Palestinian factions have consistently attacked the crossings that are open, knowing that this will inevitably lead to […]

On Wednesday at 12:15, I’ll be speaking at the University of Arizona about my book-in-progress, “Rehabilitating Lochner.” On Thursday at 4:00, I’ll be at ASU discussing “Threats to Civil Liberties from Antidiscrimination Laws.” Both talks are free, open to the public, and sponsored by the local Federalist Society chapter.

New for Passover 2009.

I just received an email from Yale Law School informing me that Dean Harold Koh is to be nominated by President Obama to be Legal Adviser of the U.S. Department of State. He is stepping down as dean. Prof. Kate Stith will be interim dean. Most observers seem to think that Harvard has gained ground […]

A provocative column by Shelby Steele. Here’s a taste, but read the whole thing: When redemption became a term of power, “redemptive liberalism” was born — a new activist liberalism that gave itself a “redemptive” profile by focusing on social engineering rather than liberalism’s classic focus on individual freedom. In the ’60s there was no […]

Ha’aretz reports that a book of this title, written by Professor Shlomo Sand (Shlomo Zand), a Tel Aviv University history professor, has won a French journalism prize for the best non-fiction book of the year. The book will be published in English as “The Invention of the Jewish People.” Ha’aretz previously reported the books’s thesis: […]

When I travel to Israel, one thing that amuses me is that a huge percentage of the toys and games that are sold there apparently wind up there because the Chinese manufacturers mangled the English on the box, and therefore couldn’t sell them, as planned, to English-speaking countries. Usually, it’s just a question of bad […]

Freeman, who was to be appointed to chair the National Intelligence Council, has withdrawn his name from consideration, following criticism of his candidacy, including on this blog. Freeman first drew negative attention for what were perceived to be his anti-Israel views, but that’s not what ultimately killed his candidacy. Rather, bloggers and journalists (outside the […]

I just received The Law Market, by lawprofs Erin O’Hara and Larry Ribstein. Here’s a short description: In this book, Erin O’Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation […]

That’s the title of my article, recently published in Engage. It can be downloaded here. Here’s the abstract: The American judiciary traditionally had a laissez-faire approach toward the admissibility of most categories of expert testimony. This approach ended in federal courts when the U.S. Supreme Court adopted a reliability test for the admissibility of expert […]

in the D.C. area, my wife and I decided to try “Johnny’s New York Style Pizzeria and Restaurant,” which we spotted in a strip mall with an Alexandria maddress, but that’s geographically “Springfield,” not far from the Springfield Mall. Needless to say, we weren’t expecting much, but were at least heartened that the restaurant sells […]