Professor Bernstein is is the author of over sixty frequently cited scholarly articles, book chapters, and think tank studies, including  articles and review essays in the Yale Law Journal, Michigan Law Review (2), Northwestern University Law Review, Texas Law Review (2), Georgetown Law Journal (2), Vanderbilt Law Review, California Law Review, Washington University Law Review, North Carolina Law Review, Boston University Law Review, and Iowa Law Review.

Professor Bernstein is a nationally recognized expert on the Daubert case and the admissibility of expert testimony, on the Lochner era of American constitutional jurisprudence, and on First Amendment issues arising from the application of antidiscrimination laws. He is the author of You Can't Say That!  The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute 2003), The New Wigmore: Expert Evidence (Aspen Law and Business 2003),  Only One Place of Redress: African-Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke 2001), and co-editor of Phantom Risk: Scientific Inference and the Law (MIT 1993).  He is a past chairperson of the Association of American Law Schools Evidence section.

Professor Bernstein teaches Torts II, Products Liability, Evidence, Constitutional Law, Scientific and Expert Evidence. Professor Bernstein is a contributor to the popular Volokh Conspiracy blog.