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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Is Affirmative Action Dead? A Post-Mortem on Students for Fair Admissions v. Harvard
Texas A&M Student Chapter
Texas A&M University School of Law1515 Commerce Street
Fort Worth , TX 76102
The Future of Affirmative Action After SFFA
Northwestern Student Chapter
Northwestern Pritzker School of Law375 East Chicago Avenue
Chicago, IL 60611
The Trajectory of Affirmative Action
Memphis Student Chapter
Cecil C Humphreys School of Law1 N Front St
Memphis, TN 38103
A Discussion on SFFA v. Harvard: Affirmative Action at the Supreme Court
Madison Lawyers Chapter
The Madison Concourse Hotel and Governor's Club1 W Dayton St
Madison, WI 53703
Classified: The Untold Story of Racial Classification in America
Michigan State Student Chapter
Michigan State University College of Law648 N. Shaw Lane East Lansing, MI 48824
East Lansing, MI 48824
The History of Racial Classification
Yale Student Chapter
Sterling Law Building127 Wall Street
New Haven, CT 06511
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...
Talks With Authors: Classified: The Untold Story of Racial Classification in America
In his recent book, Classified: The Untold Story of Racial Classification in America, Professor...
Talks With Authors: Classified: The Untold Story of Racial Classification in America
In his recent book, Classified: The Untold Story of Racial Classification in America, Professor...
West Coast Hotel Co. v. Parrish [SCOTUSbrief]
Short video featuring David Bernstein
In 1936, Elsie Parrish and her husband sued the hotel where she worked, alleging that...
Allgeyer v. Louisiana [SCOTUSbrief]
Short video featuring David Bernstein
While Allgeyer v. Louisiana is often regarded as the first Supreme Court decision to endorse...