David E. Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law in Arlington, Virginia, where he has been teaching since 1995.
He has been a visiting professor at Brooklyn Law School, Georgetown Law Center, University of Michigan Law School, and William and Mary Law School.
Professor Bernstein teaches Constitutional Law I and II, Evidence, Expert and Scientific Evidence, and Products Liability. He is a contributor to the popular Volokh Conspiracy blog.
A prolific and often controversial scholar, Professor Bernstein is the author of several books:
Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law (Encounter Books 2015)
A Conspiracy against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan 2013) (pb and hc) (co-author)
Rehabilitating Lochner: Defending Individual Rights against Progressive Reform (University of Chicago Press 2011; pb 2012)
The New Wigmore: Expert Evidence (Aspen Law and Business 2004; 2nd edition 2010) (co-author)
You Can’t Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003; pb 2004)
Only One Place of Redress: African-Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke University Press 2001)
Phantom Risk: Scientific Inference and the Law (MIT Press 1993; pb 1999) (co-editor)
In addition to his books, Professor Bernstein is the author of dozens of scholarly articles, book chapters, and think tank studies. The law reviews that have published his work include the Boston University Law Review, California Law Review, Georgetown Law Journal (2), Illinois Law Review, Iowa Law Review. Journal of Supreme Court History (3), Law and Contemporary Problems (2), Michigan Law Review (2), North Carolina Law Review, Northwestern University Law Review, Notre Dame Law Review (2), Texas Law Review (2), Vanderbilt Law Review, Washington University Law Review, and the Yale Law Journal (2).