David E. Bernstein

George Mason University 

School of Law

3301 North Fairfax Drive

Arlington, VA 22201

(703) 993-8089 (voice)

(703) 993-8202 (fax)

dbernste at gmu.edu




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 was a Visiting Professor at Georgetown University Law Center for Spring 2003 semester, at the University of Michigan School of Law for the 2005-06 academic year, at Brooklyn Law School in Fall 2006, and at William and Mary Law School in Spring 2014.

Professor Bernstein is a nationally recognized expert on the Daubert v. Merrell Dow Pharmaceuticals and the admissibility of expert testimony, and he is a past chairperson of the Association of American Law Schools Evidence section.  Professor Bernstein is the coauthor of The New Wigmore: Expert Evidence (Aspen Law and Business 2004; 2nd edition 2010), and coeditor of Phantom Risk: Scientific Inference and the Law (MIT Press 1993).

Professor Bernstein is also an expert on the "Lochner era" of American constitutional jurisprudence. He is the author of Only One Place of Redress: African-Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke University Press 2001), and of Rehabilitating Lochner: Defending Individual Rights against Progressive Reform (University of Chicago Press 2011).

Professor Bernstein is also the author of You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003).

In addition to his books, Professor Bernstein is the author of dozens of scholarly articles, book chapters, and think tank studies, including 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, California Law Review, Washington University Law Review, North Carolina Law Review, Boston University Law Review, Law and Contemporary Problems (2),Notre Dame Law Review (2), Journal of Supreme Court History (3), Illinois Law Review, and Iowa Law Review

Professor Bernstein teaches Products Liability, Evidence, Constitutional Law I and II, and Expert and Scientific Evidence. He is a contributor to the popular Volokh Conspiracy blog.


C.V., with links to Articles and Speeches