David Bernstein is a University Professor and the Executive Director of the Liberty & Law Center at the Antonin Scalia Law School in Arlington, Virginia, where he has been teaching since 1995. He was a Visiting Professor at Georgetown University Law Center for the Spring 2003 semester and a Visiting Professor at the University of Michigan School of Law for the 2005-06 academic year.
Professor Bernstein 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. He is the author of over sixty frequently-cited scholarly articles, book chapters, and think tank studies, including articles and review essays in the Yale Law Journal, Michigan Law Review (2), Northwestern University Law Review, Texas Law Review (2), Georgetown Law Journal (2), Vanderbilt Law Review, California Law Review, Iowa Law Review, North Carolina Law Review, Illinois Law Review, and Law and Contemporary Problems.
Professor Bernstein is the author of Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (University of Chicago Press 2011). He is also the author of You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003), the co-author of The New Wigmore: Expert Evidence (Aspen Law and Business 2003), author of Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke University Press Books 2001), and co-editor of Phantom Risk: Scientific Inference and the Law (MIT 1993). He is a former chairperson of the Association of American Law Schools Evidence section.
Professor Bernstein teaches Products Liability, Evidence, Constitutional Law I and II, and Scientific and Expert Evidence. Professor Bernstein is a contributor to the popular weblog, The Volokh Conspiracy.
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Critical Race Theory
Chicago Student Chapter
The University of Chicago Law School1111 E 60th St
Chicago, IL 60637
Mary Jane & Uncle Sam: Will Marijuana Make Federalism Go Up in Smoke?
George Mason Student Chapter
Antonin Scalia Law School3301 Fairfax Drive
Arlington, VA 22201
Critical Race Theory Dialogue
Quinnipiac Student Chapter
Quinnipiac University School of Law370 Bassett Rd
North Haven, CT 06473
Classified: The Untold Story of Racial Classifications in America
Northwestern Student Chapter
Rubloff 140375 E. Chicago Ave
Chicago, IL 60611
Panel: Police Powers and the Pandemic
23rd Annual Federalist Society Faculty Conference
Webinar & Live StreamWest 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...
Roe v. Wade: A Legal History [Full Documentary]
Documentary by FedSoc Films and Coronation Media
As one of the most consequential decisions in the history of the Supreme Court, Roe...
Panel: Police Powers and the Pandemic
23rd Annual Federalist Society Faculty Conference
With the many COVID-19 emergency measures undertaken by state and local officials as a backdrop,...
Panel III: Do Changing Norms Undermine Support for Our System of Government?
2020 National Student Symposium
On March 14, 2020, the Federalist Society held its 39th National Student Symposium. The Symposium...