David E. Bernstein

University Professor of Law; Executive Director, Liberty & Law Center

BS, Brandeis University; JD, Yale University

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Biographical Sketch

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 has been a Visiting Professor at Brooklyn Law School, Georgetown University Law Center, the University of Michigan School of Law, and William and Mary Law School.

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 dozens of frequently-cited scholarly articles, book chapters, and think tank studies, including articles and review essays in the Boston University Law Review, California Law Review, Columbia Law Review (online), Georgetown Law Journal (2), Journal of Supreme Court History (3), Illinois Law Review, Iowa Law ReviewNorth Carolina Law ReviewLaw and Contemporary Problems (2), Michigan Law Review (2), Northwestern University Law ReviewNotre Dame Law Review (3), Southern California Law Review, Texas Law Review (2), Vanderbilt Law ReviewWilliam and Mary Law Review (2), and Yale Law Journal (2).

Professor Bernstein is the author of Classified: The Untold Story of Racial Classification in America (Bombardier Press 2022, forthcoming); Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law (Encounter Books 2015); Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (University of Chicago Press 2011); 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 Courts from Reconstruction to the New Deal (Duke University Press Books 2001). Bernstein is the co-author of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave 2013) and The New Wigmore: Expert Evidence (Aspen Law and Business 2003 and subsequent editions). He is also co-editor of Phantom Risk: Scientific Inference and the Law (MIT 1993). 

Professor Bernstein is a former chairperson of the Association of American Law Schools Evidence section. He teaches Products Liability, Evidence, Constitutional Law I and II, and Scientific and Expert Evidence. Professor Bernstein is a contributor to several blogs: The Volokh Conspiracy, Instapundit, and The Times of Israel.