David Bernstein (law professor)

For other people named David Bernstein, see David Bernstein (disambiguation).

David E. Bernstein is Foundation Professor at the George Mason University School of Law in Arlington, Virginia, where he has been teaching since 1995.^[1] He was a Visiting Professor at Georgetown University Law Center for Spring 2003 semester, at the University of Michigan Law School for the 2005-06 academic year, and at Brooklyn Law School in Fall 2006.

Bernstein's scholarly writings have been in two main areas, expert evidence and constitutional history. He has written several books, and dozens of law review articles, essays, book reviews, and think tank studies.

Bernstein was born in Queens, New York in 1967. He is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics, and Public Policy, and a summa cum laude graduate of Brandeis University.

Evidence

David Bernstein is an expert on the Daubert case and the admissibility of expert testimony, and a past chairperson of the Association of American Law Schools Evidence section. He coauthored The New Wigmore: Expert Evidence (Aspen Law and Business 2003), and co-edited Phantom Risk: Scientific Inference and the Law (MIT Press 1993). He began researching and writing about issues surrounding the admissibility of expert testimony while in law school, when he served as a research assistant for Peter W. Huber's influential Galileo's Revenge: Junk Science in the Courtroom. He has published numerous academic-journal and popular-press articles on the subject.

Bernstein is known for advocating stricter standards for the admissibility of expert testimony, and the much more frequent use of nonpartisan experts.

Constitutional History

David Bernstein is an expert on the Lochner era of American constitutional jurisprudence. He wrote Only One Place of Redress: African-Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke U. Press 2001), and Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (U. Chicago Press 2011). Historian G. Edward White calls the latter book "the best general survey of the literature of Lochner revisionism," and Yale Law School professor Jack Balkin adds that "Rehabilitating Lochner will change the way people think about the transition from the late nineteenth century to the modern New Deal and Civil Rights regime."

Bernstein's work on Lochner is notable because unlike most other Lochner revisionists, he argues that the Supreme Court's liberty of contract jurisprudence was primarily rights-based, rather than resulting from concerns over "class legislation". His work is unique in that it often focuses on how the due process decisions of the "Lochner era" affected the rights and prospects of disenfranchised immigrants, women, and African Americans. Rehabilitating Lochner emphasizes the continuities between the Supreme Court's pre-New Deal Fourteenth Amendment jurisprudence and its current jurisprudence, suggesting that Progressive Era opponents of Lochner and other cases protecting individual rights ultimately won only a partial victory.

Other projects

Bernstein also wrote You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003).

He blogs for the popular Volokh Conspiracy group blog, and Point of Law.

Publications

Books

• Rehabilitating Lochner: Defending Individual Rights against Progressive Reform University of Chicago Press, 2011, ISBN 9780226043531
• You Can't Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws, Cato Institute, 2003, ISBN 9781930865532
• The New Wigmore: Expert Evidence (treatise, with Kaye and Mnookin) Aspen Publishers, 2004, ISBN 9780735545557
• Only One Place of Redress: African Americans, Labor Regulations and the Supreme Court from Reconstruction to the New Deal, Duke University Press, 2001, ISBN 9780822325833 Beito Review
• Phantom Risk: Scientific Inference and the Law (co-editor, with Foster and Huber) The MIT Press, January 29, 1999, ISBN 9780262561198

Selected Law Review Articles and Review Essays

• "Excluding Unfit workers: Social Control Versus Social Justice in the Age of Economic Reform," 72 L. & Contemp. Probs. 177 (2009) (with Thomas C. Leonard)
• "Revisiting Yick Wo v. Hopkins", 2008 Ill. L. Rev. 1393
• "Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution", 93 Iowa L. Rev. 451 (2008)
• "The Red Menace Revisited", 100 Nw. U. L. Rev. 1295 (2006)
• "Learning the Wrong Lessons from an American Tragedy", 104 Mich. L. Rev. 1961 (2006)
• "Judicial Power and Civil Rights Reconsidered", 114 Yale L.J. 593 (2004) (with Ilya Somin)
• "Lochner's Feminist Legacy", 101 Mich. L. Rev. 1960 (2003)
• "Lochner's Legacy's Legacy", 82 Tex L. Rev. 1 (2003)
• "Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism", 82 Geo. L.J. 1 (2003)
• "Lochner, Parity, and the Chinese Laundry Cases", 41 Wm. & Mary L. Rev. 211 (1999) (symposium)
• "The Breast Implant Fiasco", 87 Calif. L. Rev. 457 (1999)
• "Philip Sober Restraining Philip Drunk: Buchanan v. Warley in Historical Perspective", 51 Vand. L. Rev. 799 (1998)
• "The Law and Economics of Post-Civil War Restrictions on Interstate Migration by African-Americans", 74 Tex. L. Rev. 781 (1998)

References

1. ^ mason.gmu.edu

External links

Official sites

• Profile at the George Mason University School of Law website.
• David E. Bernstein Personal homepage.
• The Volokh Conspiracy.
• Point of Law
• Bernstein Blog (no longer active)

Online publications

• Social Science Research Networks.

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Name	Bernstein, David
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Date of birth	1967
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