Prof. David E. Bernstein

Foundation Professor of Law, George Mason University School of Law

David Bernstein is George Mason University Foundation 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 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 JournalMichigan Law Review (2), Northwestern University Law ReviewTexas Law Review (2), Georgetown Law Journal (2), Vanderbilt Law ReviewCalifornia Law ReviewIowa Law ReviewNorth 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 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.

  • B.S., Brandeis University
  • J.D., Yale University

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Publications and Multimedia
Employment Non-Discrimination Act - Podcast
Religious Liberties Practice Group Podcast
February 21, 2014
Armour v. Indianapolis - Post-Decision SCOTUScast
SCOTUScast 07-23-12 featuring David Bernstein
July 23, 2012
Freedom of Speech vs. Anti-Discrimination Laws - Event Audio/Video
2008 National Lawyers Convention
November 21, 2008