David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
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Affirmative Action After SFFA v. Harvard
Patrick Henry Student Chapter
Patrick Henry College10 Patrick Henry Circle
Purcellville , VA 20132
Bad Ideas About Race: A Commentary on Critical Race Theory
Hawaii Lawyers Chapter
Tchin Tchin39 N. Hotel St.
Honolulu, HI 96813
Free Speech, Civil Rights, and Social Progress
Hawaii Student Chapter
The University of Hawaii at Manoa William S. Richardson School of Law2515 Dole St
Honolulu, HI 96822
Free Speech, Civil Rights and Social Progress
Hawaii Student Chapter
The University of Hawaii at Manoa William S. Richardson School of Law2515 Dole St
Honolulu, HI 96822
The Importance of Free Speech for Civil Rights and Social Progress
South Texas Student Chapter
South Texas College of Law Houston1303 San Jacinto St
Houston, TX 77002
Panel: Consideration of Race After SFFA v. Harvard
The Supreme Court’s SFFA v. Harvard decision signals a major change in university admissions and...
Tyranny of an organized minority: Free speech standards in higher education
This panel will consider the symmetry and consistency of free speech norms in higher education....
Tyranny of an organized minority: Free speech standards in higher education
This panel will consider the symmetry and consistency of free speech norms in higher education....
Explainer 59 - Why (and How) Does OMB Classify Americans’ Race? A Brief History
It may surprise some to know that the government has definitive racial classifications for Americans,...
Feddie Night Fights: Classified: Can We Separate Race And State?
Notre Dame Student Chapter
The Federalist Society’s Student Division & Notre Dame Student Chapter present Feddie Night Fights:Classified: Can We...