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David E. Bernstein
Adjunct Scholar
David E. Bernstein is a Professor at the George Mason University School of Law in Arlington, Virginia, where he has been teaching since 1995. He has written over sixty frequently cited scholarly articles, book chapters, and studies. He is the author of You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute, 2003) and Only One Place of Redress: African-Americans, Labor Regulations and the Court from Reconstruction to the New Deal (Duke University Press, 2001), and co-author of The New Wigmore: Expert Evidence (Aspen Law & Business, 2004) and Phantom Risk: Scientific Inference and the Law (MIT Press, 1993). 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.
Books and Book Chapters
You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws, (2003)
Cato Studies
"The Davis-Bacon Act: Let's Bring Jim Crow to an End," Briefing Paper no. 17, January 18, 1993.
"Equal Protection for Economic Liberty: Is the Court Ready?," Policy Analysis no. 181, October 5, 1992.
Opinion and Commentary
"Liberals, Conservatives, and Individual Rights," Cato.org, June 27, 2008
"Affirmative Blackmail," OpinionJournal.com (WSJ), February 15, 2006
"Hostile Work Environment at "Friends"?," The Orange County Register, August 13, 2004
"California Court Ignores Separation of Church and State," National Review (Online), March 3, 2004
"Keeping Racism Alive," Cato.org, February 10, 2004
Events
"You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws," December 9, 2003 [Book Forum]
"African Americans, Labor Regulations, and the Courts: From Reconstruction to the New Deal," March 7, 2001 [Book Forum]
Multimedia
David E. Bernstein discusses civil liberties and anti-discrimination laws on MSNBC (October 22, 2003) [Real Media]