David E. Bernstein - Classified: The Untold Story of Racial Classification in America

Advance Praise for Classified

The nation urgently needs what David E. Bernstein here provides: a lucid explanation of the long and tangled intersection of racial classifications and the law. With the intellectual boldness and clarity that he brought to Rehabilitating Lochner, he points to a path from todays tensions to a less angry, more sophisticated future.

George F. Will, Washington Post

A thorough, careful, magisterial work on a subject thats both of great practical and great theoretical importance in modern American law; highly recommended.

Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law

Chief Justice John Roberts has called our racial sorting system a sordid business. In Classified, David Bernstein provides the sordid details. What began as a government effort to combat discrimination now serves mainly to advance political agendas and stoke racial resentment. Well-researched and clearly written, Classified explains how we got into this mess and why a rethinking of official racial and ethnic categories is long overdue.

Jason L. Riley, Wall Street Journal columnist, and author of Maverick: A Biography of Thomas Sowell

David E. Bernsteins excellent bookClassified: The Untold Story of Racial Classification in Americaexposes the full extent of what we all should have known: When governments dispense benefits based on race and ethnicity, the conflict over which groups should receive those benefits and which individuals qualify as members of those groups will be never-ending.

Gail Heriot, Professor of Law, University of San Diego, and member, U.S. Commission on Civil Rights

David Bernstein has written an illuminating, thoughtful, and often troubling book about the history of racial classifications in American law. This history underscores the validity of Oliver Wendell Holmess dictum that experience, rather than logic, dictates the actual development of law, for Bernstein demonstrates the extent to which the adoption of racial (or, more commonly ethnic) classifications has been responsive far more to systematic political pressures rather than the application of a coherent overarching theory. Even (or especially) supporters of affirmative action, as I ambivalently continue to be, will benefit enormously from confronting the material that Bernstein carefully presents. It truly deserves a wide readership and, just as importantly, respectful discussion.

Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair, University of Texas Law School, and author of Wrestling with Diversity

We mock the racial-classifications schemes of the Jim Crow south, of Nazi Germany, and of Apartheid South Africa. But as David Bernstein ably demonstrates, our own racial classification system is just as risible, and no more scientific.

Glenn Reynolds, Beauchamp Brogan Distinguished Professor of Law, University of Tennessee, founder of Instapundit.com

David E. Bernstein proves ably and conclusively that the familiar legal classifications for racial and ethnic groups used by the federal and state governments, census-takers, medical regulators, racial-preference dispensers, and others are arbitrary to an extreme.

Stuart Taylor, contributing editor, National Journal , and coauthor, Mismatch: How Affirmative Action Hurts Students Its Intended to Help, and Why Universities Wont Admit It

Published by Bombardier Books

An Imprint of Post Hill Press

ISBN: 978-1-63758-173-5

ISBN (eBook): 978-1-63758-174-2

Classified:

The Untold Story of Racial Classification in America

2022 by David E. Bernstein

All Rights Reserved

Cover Design by Matt Margolis

Interior Design by Yoni Limor

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author and publisher.

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