The Yale Law Journal

David E. Bernstein


The Due Process Right To Pursue a Lawful Occupation: A Brighter Future Ahead?

David E. Bernstein

For decades, the Supreme Court has rejected arguments that the Fourteenth Amendment’s Due Process Clause protects a general right to liberty of contract worthy of more than cursory judicial attention. Instead, the Court, along with most state courts, has reviewed economic regulations that do not imp…


Judicial Power and Civil Rights Reconsidered

David E. Bernstein & Ilya Somin

114 Yale L.J. 593 (2004)

Michael Klarman's From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality is an important contribution to the scholarly literature on both the history of the civil rights struggle and judicial power more generally. Klarman argues that for much of…