Identity and the Law: A Critique of Racial Classification-David Bernstein

The AIER Standard

Jul 14 2022 • 58 mins


On this episode of the AIER Standard, Ethan Yang speaks with Law Professor David Bernstein about his work on racial classification in American law. Bernstein is the author of the forthcoming book Classified: The Untold Story of Racial Classification in America where he explores the origins and controversies surrounding the government’s involvement in race relations. The conversation touches on the history and politics related to racial identity in this country while emphasizing the messy nature of state classification schemes. Bernstein outlines how the individuals that are included in certain categories often disagree or take issue with being lumped into certain ethnic and racial groups. In particular, he explains the disputes and frustrations that arise from attempting to lump diverse individuals into categories for the purposes of assigning benefits. Finally, he gives insight and predictions on the sustainability of the contemporary American obsession with race and its influence on the law. Professor Bernstein received his Juris Doctorate from Yale University and teaches law at Antonin Scalia Law School at George Mason University. He also serves as the Executive Director of the Law and Liberty Center and previously taught law at schools such as the University of Michigan, Georgetown, and William and Marry.