David E. Bernstein (born 1967) is an American legal scholar at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995.

[1] His primary areas of scholarly research are constitutional history and the admissibility of expert testimony.

Bernstein is a contributor to the legal blog The Volokh Conspiracy.

Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane Studies, and a senior editor of the Yale Law Journal.

He received his undergraduate degree from Brandeis University.