“The racial categories that the schools use are completely bonkers, an arbitrary mess mostly left over from the work of federal bureaucrats in the 1970s that can’t withstand the slightest scrutiny. The administrators who rely on these categories are beholden to senseless and unscientific distinctions—they aren’t even competent or rational racialists. Justice Samuel Alito raised this issue in the arguments, pretty clearly relying on the work of George Mason University professor David Bernst...

In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law.Lawless documents how President Barack Obama has presided over one constitutional debacle after another-Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; ...

In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks...

A call for the separation of race and state, backed by a deep dive into the surreal world of racial classification in America.Americans are understandably squeamish about official racial and ethnic classifications. Nevertheless, they are ubiquitous in American life. Applying for a job, mortgage, university admission, citizenship, government contracts, and much more involves checking a box stating whether one is Black, White, Asian, Hispanic, or Native American....