Anita Bernstein
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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 Brooklyn Law School (BLS) is a private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and a number of adjunct faculty. Brookly ...
.


Biography

Bernstein graduated from Queens College with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree in
Political Science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
and a Juris Doctor from
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
. 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 The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, ...
. She then worked for
Debevoise & Plimpton Debevoise & Plimpton LLP (often shortened to Debevoise) is an international law firm headquartered in New York City. Founded in 1931 by Harvard Law School alumnus Eli Whitney Debevoise and Oxford-trained William Stevenson, the firm was origi ...
. Bernstein was the first law professor to receive the Fulbright Scholarship in European Union affairs. Her writings have appeared in Harvard Law Review, Yale Law Journal,
Columbia Law Review The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who se ...
,
California Law Review ''California Law Review'' (also referred to as ''CLR'') is the journal of the University of California, Berkeley, School of Law. It was established in 1912. The application process consists of an anonymous write-on competition, with grades playing ...
,
Michigan Law Review The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...
,
Cornell Law Review The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Rev ...
,
Duke Law Journal The ''Duke Law Journal'' is a student-run law review and the premier legal periodical of Duke University School of Law. The journal publishes general-interest articles and student notes in eight issues each year. History and Overview The journa ...
,
Texas Law Review The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...
, and
Vanderbilt Law Review The ''Vanderbilt Law Review'' is the flagship academic journal of Vanderbilt University Law School. The law review was founded in 1947 and is published six times per year. In 2018, it was ranked #11 among general-topic law review A law revie ...
. 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 The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Ju ...
and the Supreme Court of Texas: ''Butler v. Ysleta Indep. Sch. Dist''., ''Lance v. Wyeth'', ''LAN/STV v. Martin K. Eby Constr. Co.'', ''G.M.M. v. Kimpson'', ''Johnson v. Smithkline Beecham Corp.'', and ''In re Titanium Dioxide Antitrust Litig.'', She has also authored a series on legal malpractice in the
New York Law Journal The ''New York Law Journal'', founded in 1888, is a legal periodical covering the legal profession in New York, United States. Background The newspaper, published Monday through Friday, provides daily coverage of civil and criminal cases fr ...
. Bernstein was the first holder of an ethics chair at
Emory University School of Law Emory University School of Law is the law school of Emory University and is part of the University's main campus in Druid Hills, Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the Am ...
. She blogs occasionally on legal ethics and professional responsibility. The
National Constitution Center The National Constitution Center is a non-profit institution devoted to the Constitution of the United States. On Independence Mall in Philadelphia, Pennsylvania, the center is an interactive museum and a national town hall for constitutional dia ...
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'', 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 Brooklyn Law School (BLS) is a private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and a number of adjunct faculty. Brookly ...
2007–Present
Sam Nunn Professor of Law
Emory University School of Law Emory University School of Law is the law school of Emory University and is part of the University's main campus in Druid Hills, Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the Am ...
2000-2007
Professor of Law
Chicago-Kent College of Law Chicago-Kent College of Law is the law school affiliated with the Illinois Institute of Technology. It is the second oldest law school in the state of Illinois. It is ranked 91st among U.S. law schools, and its trial advocacy program is ranked in ...
1989-1999
Visiting Professor:
McGill University Faculty of Law The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for it ...
(2017),
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies an ...
and
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's ...
(2009),
New York Law School New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
(2004, 2005-2007), Cornell Law School (2003), Mason Ladd Distinguished Visiting Professor
University of Iowa College of Law The University of Iowa College of Law is the law school of the University of Iowa, located in Iowa City, Iowa. It was founded in 1865. Iowa is ranked the 28th-best law school in the United States by the '' U.S. News & World Report'' "Best Law Sch ...
(2002),
Emory University School of Law Emory University School of Law is the law school of Emory University and is part of the University's main campus in Druid Hills, Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the Am ...
(1999-2000),
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
(1998–99)


Recognition

Willam L. Prosser Award, Section on Torts and Compensation Systems, American Association of Law Schools (2020)
Fulbright Program The Fulbright Program, including the Fulbright–Hays Program, is one of several United States Cultural Exchange Programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people o ...
Law Research Scholar (1992–93)
Jean Monnet fellow at the
European University Institute The European University Institute (EUI) is an international postgraduate and post-doctoral teaching and research institute and an independent body of the European Union with juridical personality, established by the member states to contribu ...
(1992–93)
Associate Member of the Common Room and an Honorary Member of the Table of Christ Church College at the
University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...
(2015).


Notable publications

''Keep It Simple: An Explanation of the Rule of No Recovery for Pure Economic Loss'', Arizona Law Review 773 (2006)
''What’s Wrong with Stereotyping?'', Arizona Law Review 655 (2013)
''Common Law Fundamentals of the Right to Abortion'', 63 Buffalo Law Review (2015)
''Pitfalls Ahead: A Manifesto for the Training of Lawyers'', 94 Cornell Law Review 479 (2009),
''Treating Sexual Harassment with Respect'', 111 Harvard Law Review 445 (1997)
''The Trouble with Regulating Microfinance'', 35 U. Hawai’i Law Review 1 (2013)
''Whatever Happened to Law and Economics?'', 64 Maryland Law Review 303 (2005)
''For and Against Marriage: A Revision'', 102 Michigan Law Review 129 (2003)
''Toward More Parsimony and Transparency for "the Essentials of Marriage," 2011 ''
Michigan State Law Review The ''Michigan State Law Review'' is a law review published by students at Michigan State University College of Law. It is the flagship journal of the school and it publishes five issues per year. According to the Washington & Lee Law Journal Rank ...
83 (2011)
''Real Remedies for Virtual Injuries'', 90 North Carolina Law Review 1457 (2012)
''Abuse and Harassment Diminish Free Speech'', 35 Pace Law Review 1 (2014)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


Poetry

Poetry is among Bernstein's interests.
Atlanta Review ''Atlanta Review'' is an international poetry journal based in Atlanta, Georgia, United States. It was founded by Daniel Veach in 1994 and is published twice a year. Karen Head of the Georgia Institute of Technology became editor in 2016. The jou ...
,
Oxford Poetry ''Oxford Poetry'' is a literary magazine based in Oxford, England. It is currently edited by Luke Allan. The magazine is published by Partus Press. Founded in 1910 by Basil Blackwell, its editors have included Dorothy L. Sayers, Aldous Huxley ...
, 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

{{DEFAULTSORT:Bernstein, Anita Nancy 1961 births Living people Queens College, City University of New York alumni Yale Law School alumni American legal scholars Brooklyn Law School faculty People associated with Debevoise & Plimpton Emory University School of Law faculty