Anita Bernstein

Anita Nancy Bernstein is an American tort law scholar, with expertise in feminist jurisprudence and legal ethics. She is the Anita and Stuart Subotnick Professor of Law at Brooklyn Law School.

Anita Bernstein
Bernstein at the Seminary Co-op Bookstore, Chicago, May 2019
Born (1961-01-17) January 17, 1961
Far Rockaway, New York
Alma materYale Law School, Queens College
OccupationProfessor, Scholar
EmployerBrooklyn Law School
Known forFeminist Legal Theory

Biography

Bernstein graduated from Queens College with a Bachelor of Arts degree in Political Science and a Juris Doctor from Yale Law School. She served as an article and book review editor of the Yale Law Journal.

Following law school, she clerked for Jack B. Weinstein, who was then Chief Judge of the United States District Court for the Eastern District of New York. She then worked for Debevoise & Plimpton.

Bernstein was the first law professor to receive the Fulbright Scholarship in European Union affairs. Her writings have appeared in Harvard Law Review,[1] Yale Law Journal,[2] Columbia Law Review,[3] California Law Review,[4] Michigan Law Review,[5] Cornell Law Review,[6] Duke Law Journal,[7] Texas Law Review,[8] and Vanderbilt Law Review.[9] She has authored several books that address torts, products liability, and the law of marriage.

Bernstein's scholarship has been cited in decisional law by both trial and appellate federal courts, including the Supreme Court of Pennsylvania and the Supreme Court of Texas: Butler v. Ysleta Indep. Sch. Dist.,[10] Lance v. Wyeth,[11] LAN/STV v. Martin K. Eby Constr. Co.,[12] G.M.M. v. Kimpson,[13] Johnson v. Smithkline Beecham Corp.,[14] and In re Titanium Dioxide Antitrust Litig., [15]

She has also authored a series on legal malpractice in the New York Law Journal.[16]

Bernstein was the first holder of an ethics chair at Emory University School of Law.[17] She blogs occasionally on legal ethics and professional responsibility.

The National Constitution Center hosted Bernstein on December 15, 2017 for at a panel on the future of free speech in the age of social media, and at a March 18, 2019 panel about free speech on campus.

Bernstein is the author of The Common Law Inside the Female Body,[18] published by Cambridge University Press. In this book, Bernstein argues that traditional common law principles justify the right and liberty to refuse sexual penetration and pregnancy when those experiences are unwanted.

Academia

Anita and Stuart Subotnick Professor of Law Brooklyn Law School 2007–Present
Sam Nunn Professor of Law Emory University School of Law 2000-2007
Professor of Law Chicago-Kent College of Law 1989-1999
Visiting Professor: McGill University Faculty of Law (2017), Australian National University and University of Sydney (2009), New York Law School (2004, 2005-2007), Cornell Law School (2003), Mason Ladd Distinguished Visiting Professor University of Iowa College of Law (2002), Emory University School of Law (1999-2000), University of Michigan Law School (1998–99)

Recognition

Willam L. Prosser Award, Section on Torts and Compensation Systems, American Association of Law Schools (2020)
Fulbright Program Law Research Scholar (1992–93)
Jean Monnet fellow at the European University Institute (1992–93)
Associate Member of the Common Room and an Honorary Member of the Table of Christ Church College at the University of Oxford (2015).

Notable publications

Keep It Simple: An Explanation of the Rule of No Recovery for Pure Economic Loss, Arizona Law Review 773 (2006)[19]
What’s Wrong with Stereotyping?, Arizona Law Review 655 (2013)[20]
Common Law Fundamentals of the Right to Abortion, 63 Buffalo Law Review (2015)[21]
Pitfalls Ahead: A Manifesto for the Training of Lawyers, 94 Cornell Law Review 479 (2009),[22]
Treating Sexual Harassment with Respect, 111 Harvard Law Review 445 (1997)[23]
The Trouble with Regulating Microfinance, 35 U. Hawai’i Law Review 1 (2013)[24]
Whatever Happened to Law and Economics?, 64 Maryland Law Review 303 (2005)[25]
For and Against Marriage: A Revision, 102 Michigan Law Review 129 (2003)[26]
Toward More Parsimony and Transparency for "the Essentials of Marriage," 2011 Michigan State Law Review 83 (2011)[27]
Real Remedies for Virtual Injuries, 90 North Carolina Law Review 1457 (2012) [28]
Abuse and Harassment Diminish Free Speech, 35 Pace Law Review 1 (2014)[29]

Poetry

Poetry is among Bernstein's interests. Atlanta Review, Oxford Poetry, Minnesota Review, The New Renaissance, Orbis, and Bird's Thumb have published her poems. In 2016 she taught a poetry workshop at Brooklyn Lifelong Learning.

References
  1. Bernstein, Anita, "Treating Sexual Harassment with Respect," Harvard Law Review 111:445-527 (1997)
  2. Bernstein, Anita. “Executive Targeting of Congressmen as a Violation of the Arrest Clause.” The Yale Law Journal, vol. 94, no. 3, 1985, pp. 647–669. JSTOR, JSTOR, www.jstor.org/stable/796238.
  3. Anita Bernstein. Formed by Thalidomide: Mass Torts as a False Cure for Toxic Exposure, 97 Colum. L. Rev. 2153 (1997)
  4. Anita Bernstein, The Representational Dialectic (With Illustrations from Obscenity, Forfeiture, and Accident Law), 87 Cal. L. Rev. 305 (1999)
  5. 2011 Mich. St. L. Rev. 83 (2011)
  6. Bernstein, Anita and Seibel, Hans Dieter, Reparations, Microfinance, Gender: A Plan, With Strategies for Implementation (September 2010). Cornell International Law Journal, Vol. 44, No. 1, 2011; Brooklyn Law School, Legal Studies Paper No. 201. Available at SSRN: https://ssrn.com/abstract=1658723
  7. Anita Bernstein, How Can a Product Be Liable?, 45 Duke Law Journal 1-83 (1995) Available at: https://scholarship.law.duke.edu/dlj/vol45/iss1/1
  8. Anita Bernstein. How to Make a New Tort: Three Paradoxes, 75 Tex. L. Rev. 1539-1565 (1997).
  9. Restatement Redux, 48 Vanderbilt Law Review 1663-95
  10. Butler v. Ysleta Indep. Sch. Dist., 161 F.3d 263, 1998 U.S. App. LEXIS 28614, 78 Fair Empl. Prac. Cas. (BNA) 561, 74 Empl. Prac. Dec. (CCH) P45,653
  11. Lance v. Wyeth, 624 Pa. 231, 85 A.3d 434, 2014 Pa. LEXIS 205, CCH Prod. Liab. Rep. P19,314, 2014 WL 260309
  12. LAN/STV v. Martin K. Eby Constr. Co., 435 S.W.3d 234, 2014 Tex. LEXIS 509, 57 Tex. Sup. J. 816, 2014 WL 2789097
  13. G.M.M. v. Kimpson, 116 F. Supp. 3d 126, 2015 U.S. Dist. LEXIS 99715
  14. Johnson v. Smithkline Beecham Corp., 724 F.3d 337, 2013 U.S. App. LEXIS 11501, CCH Prod. Liab. Rep. P19,143
  15. In re Titanium Dioxide Antitrust Litig., 2013 U.S. Dist. LEXIS 62394, 2013-1 Trade Cas. (CCH) P78,366, 91 Fed. R. Evid. Serv. (Callaghan) 335, 2013 WL 1855980
  16. "Legal Malpractice | New York Law Journal". Law.com. 2015-11-23. Retrieved 2019-12-02.
  17. "Bernstein sits in first Nunn chair". Emory.edu. 2000-06-12. Retrieved 2019-12-02.
  18. Your name here. "The Common Law Inside the Female Body - Kindle edition by Anita Bernstein. Professional & Technical Kindle eBooks @". Amazon.com. Retrieved 2019-12-02.
  19. Bernstein, Anita, Keep it Simple: An Explanation of the Rule of No Recovery for Pure Economic Loss. Arizona Law Review, Vol. 48, p. 773, 2006; Emory Public Law Research Paper No. 06-34; Emory Law and Economics Research Paper No. 06-21; New York Law School Legal Studies Research Paper No. 06/07-17. Available at SSRN: https://ssrn.com/abstract=953431
  20. Bernstein, Anita, What's Wrong with Stereotyping? (October 3, 2013). Arizona Law Review, Vol. 55, p. 655, 2013; Brooklyn Law School, Legal Studies Paper No. 359. Available at SSRN: https://ssrn.com/abstract=2335728
  21. 63 Buffalo L. Rev. 1141 (2015)
  22. Anita Bernstein, Pitfalls Ahead: A Manifesto for the Training of Lawyers, 94 Cornell L. Rev. 479 (2009) Available at: h p://scholarship.law.cornell.edu/clr/vol94/iss2/11
  23. Bernstein, Anita, "Treating Sexual Harassment with Respect,' Harvard Law Review 111:445-527 (1997)
  24. 35 U. Haw. L. Rev. 1 (2013)
  25. Bernstein, Anita, Whatever Happened to Law and Economics?. Maryland Law Review, Vol. 64, p. 101, 2005; Emory Public Law Research Paper No. 05-01; NYLS Legal Studies Research Paper No. 05/06-26. Available at SSRN: https://ssrn.com/abstract=665142
  26. Anita Bernstein. For and Against Marriage: A Revision, 102 Mich. L. Rev. 129 (2003)
  27. 2011 Mich. St. L. Rev. 83 (2011)
  28. Anita Bernstein, Real Remedies for Virtual Injuries, 90 N.C. L. Rev. 1457 (2012). Available at: http://scholarship.law.unc.edu/nclr/vol90/iss5/7
  29. Anita Bernstein, Abuse and Harassment Diminish Free Speech, 35 Pace L. Rev. 1 (2014) Available at: h p://digitalcommons.pace.edu/plr/vol35/iss1/1
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