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David Bernstein is a Professor at the George Mason University School of Law in Arlington, Virginia, where he has been teaching since 1995. He was a Visiting Professor at Georgetown University Law Center for Spring 2003 semester, at the University of Michigan School of Law 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, N.Y. 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.
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Evidence
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 coedited Phantom Risk: Scientific Inference and the Law (MIT 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 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
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 2001), and Rehabilitating Lochner, which will be published by the University of Chicago Press, in addition to numerous journal articles.
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.
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.
References
External links
- Official sites
- Profile at the George Mason University School of Law website.
- David E. Bernstein Personal homepage.
- The Volokh Conspiracy.
- Online publications
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