David Bernstein (law professor)

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David Bernstein is a professor at the George Mason University School of Law. He is one of the contributors to the weblog The Volokh Conspiracy. He was born in Queens, New York, in 1967.

Professor Bernstein is a graduate Brandeis University and 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 recent or forthcoming articles and review essays in the Yale Law Journal, Michigan Law Review (2), Northwestern University Law Review, Texas Law Review (2), Georgetown Law Journal (2), Vanderbilt Law Review, and California Law Review.

Professor Bernstein is the author of You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003). He is also 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 past chairperson of the Association of American Law Schools Evidence section.

Professor Bernstein teaches Torts II, Products Liability, Evidence, American Constitutional History, Constitutional Law, and Scientific and Expert Evidence. Among Professor Bernstein's specific areas of expertise are Daubert v. Merrell Dow Pharmaceuticals and its effect on the law of expert testimony, the history of the Lochner era of constitutional jurisprudence, and conflicts between the First Amendment and civil rights laws.