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30 May 2023, 12:00 am by Lawrence Solum
By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial (Posner, 2009). [read post]
18 May 2023, 6:30 am by ernst
Likewise, Judge Richard Posner has been wrong to call tort law efficient. [read post]
16 May 2023, 6:13 am by Eugene Volokh
When you have achieved the stature of Judge Posner, then you may indulge your contempt for style manuals. [read post]
15 May 2023, 9:30 pm by Karen Tani
Here’s Calabresi recounting an exchange with Richard Posner (then on the Seventh Circuit) in the wake of Taber:*Amusingly, as soon as the opinion was released I received a note from Dick Posner telling me how wonderful he thought the opinion was, and what fun it was occasionally to be able to make one’s views the law. [read post]
15 May 2023, 9:05 pm by renholding
First, if members of Congress sue the president, then the political question doctrine may well disqualify them from having standing.[17] It is also difficult to imagine who else would sue the president for paying debts rather than reneging on them.[18] Second, the president would be acting in the face of a possible national emergency, which would occur if the government debt is not paid and “financial catastrophe” results.[19] As Professor Eric Posner argued in a previous… [read post]
10 May 2023, 9:30 pm by Karen Tani
Paired with other scholarship from the time, such as Richard Posner's The Economic Analysis of Law (1973), it made Law & Economics seem exciting--and, if not exciting, then unavoidable. [read post]
8 May 2023, 8:55 pm by Lawrence Solum
  Here is the abstract: Since its publication in 1973, Economic Analysis of Law (the Treatise) by Richard Posner has been recognized as the canonical treatise in the field. [read post]
26 Apr 2023, 11:31 am by admin
Posner channeled the liar paradox by criticizing law review articles for “the many silly titles, the many opaque passages, the antic proposals, the rude polemics, [and] the myriad pretentious citations. [read post]
26 Apr 2023, 3:00 am by Meredith Ervine
If you’re into the inside baseball here, Cydney Posner’s Cooley PubCo blog thoroughly and compellingly covers the oral arguments, including how some of the Justices may be leaning. [read post]
20 Apr 2023, 3:15 am by John Jenkins
In a recent blog, Cooley’s Cydney Posner discussed the implications for audit committees of the SEC’s latest enforcement proceeding involving non-GAAP financial measures. [read post]
18 Apr 2023, 1:01 pm
In that case, the court decided to ignore Douglas’ vote on critical appeals, and held over cases where his vote was decisive.Richard Posner, a judge for the Seventh Circuit Court of Appeals, retired unexpectedly in September 2017 and months later was diagnosed with Alzheimer’s disease, according to reports.Some states have tackled this issue by having mandatory retirement ages for their judges. [read post]
15 Apr 2023, 1:54 am by Florian Mueller
I tend to agree with Judge Posner, who said in a Slate inteview that "there should be mandatory retirement for all judges at a fixed age, probably 80. [read post]