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David E. Bernstein

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May 6, 2026, 10:01 PM

Gaza and the Real Meaning of Genocide

The accusation that Israel is committing “genocide” in Gaza has become commonplace in protests, social media, university activism, and international legal filings. Yet the more often the term is used, the further it drifts from its actual meaning. Genocide is...

Apr 25, 2026, 5:37 PM

US politics – not Netanyahu – broke bipartisan support for Israel

US President Donald Trump, right, shakes hands with Prime Minister Benjamin Netanyahu during a news conference at Mar-a-Lago, December 29, 2025, in Palm Beach, Florida. (AP Photo/Alex Brandon)

Tribal identity now dictates voters’ views on most issues, including Israel, but mainstream Democrats can still be reached

Nov 15, 2025, 8:00 PM

A Rare Display of Solidarity with the Jewish People

The Federalist Society is a very influential American organization composed of conservative and libertarian lawyers. At its recent National Lawyers Convention, something rare happened in American public life: a large, influential institution took an unambiguous, morally serious stand against...

Jul 22, 2025, 5:34 PM

Hamas Depravity Feeds Antizionist Intellectual Depravity

A couple of weeks ago, I attended the traveling Nova exhibit in DC, memorializing the torture, rape, murders and kidnappings of hundreds of peaceful young Israelis by Hamas terrorists at the Nova music festival on October 7, 2023. The...

Feb 28, 2025, 6:46 PM

Hamas, Israel, and the Death of International Law

International humanitarian law is dead. Ideologically motivated hostility to Israel since the Hamas massacre of Israelis on October 7 killed it. IHL was invented after World War II. The war saw tens of millions of civilians were killed, some intentionally...

Sep 13, 2024, 6:35 PM

The Biden-Harris Justice Department Has Failed American Jews

As Times of Israel readers are well-aware, since October 7, anti-Israel groups have launched widespread assaults on the rights of Jewish Americans, especially but not exclusively on college campuses. I regularly tweet (@ProfDBernstein) about these incidents and comment, “Where is...

Oct 28, 2023, 11:04 AM

Law Professors Protest University’s Silence on Genocidal SJP Rally

On Oct. 18, I sent the following email to George Mason University President Gregory Washington on behalf of myself and sixteen tenured or emeritus professors at the university's Anotonin Scalia Law School. I also sent it to the provost,...

Sep 18, 2023, 10:28 PM

The Irony of the Battle Over Legal Reform

After the fall of the Second Temple in the first century, Judaism gradually became a lawyerocracy, a society ruled by lawyers. Jews call these lawyers “rabbis,” but think about the training rabbis traditionally receive–it’s primarily many years of law...

Mar 7, 2023, 11:43 PM

‘Antisemitic Invective’ Goes Mainstream at the University of Michigan Law School

The ADL is a hateful, pro-racism group that supports dangerous antisemites, brutal militarization of the police, and even tried to quash recognition of AIDS! I’m writing this on Purim, but that’s not a joke or satire, but sentiments sincerely expressed...

Jul 26, 2022, 11:03 PM

What a ‘MENA’ racial classification would mean for American Jews

Activist Linda Sarsour (left) attributes her 'person of color' status to the fact that she wears a hijab. (photo via Wikimedia). Right, illustrative: Emissaries at the International Conference of Chabad-Lubavitch Emissaries Kinus Hashluchim, in Brooklyn, NY on November 8, 2015. (iStock)

Arab American groups are pushing for the 'Middle Eastern and North African category' in a bid for official victim status. Jews should oppose the change

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About Me

David E. Bernstein is a professor at the Antonin Scalia Law School, George Mason University, where he teaches constitutional law and evidence. He is married to an Israeli and travels to Israel regularly.