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19 Jul 2018, 1:37 pm
As Eric Posner and I wrote in a follow-up letter in April, whereas Justice Scalia’s Morrison dissent highlighted a number of different ways in which the independent counsel statute intruded on executive power, S. 2644 would present only one of those points of intrusion: for-cause removal. [read post]
19 Jul 2018, 8:13 am
The Electoral Commission Director of Political Finance and Regulation & Legal Counsel, Bob Posner, was quoted in the press release: The Electoral Commission has followed the evidence and conducted a thorough investigation into spending and campaigning carried out by Vote Leave and BeLeave. [read post]
19 Jul 2018, 3:08 am
Among other points, the release asks whether: – Rule 701 & Form S-8 accommodations should extend to “gig economy” relationships – and what parameters should apply – Form S-8 requirements should be revised to ease compliance issues that arise when plan sales exceed the number of shares registered – The SEC should permit all of a company’s plans to be registered on a single registration statement – Companies would benefit from a… [read post]
18 Jul 2018, 10:13 pm
The Electoral Commission Director of Political Finance and Regulation & Legal Counsel, Bob Posner, was quoted in the press release as stating: [t]he Electoral Commission has followed the evidence and conducted a thorough investigation into spending and campaigning carried out by Vote Leave and BeLeave. [read post]
18 Jul 2018, 1:54 pm
” Eric Posner has this blog post. [read post]
18 Jul 2018, 8:00 am
In very general terms, there are two camps: One set of scholars argues that state commitments to rights have little measurable impact on state behavior (see, for example, Eric Posner and Adam Chilton and Mila Versteeg), while another set argues that state commitments to rights matter—but only under certain conditions and only after controlling for certain variables (see Chris Farris, Beth Simmons). [read post]
18 Jul 2018, 3:06 am
Here’s an interesting detail from Cydney Posner’s blog (also see this Compliance Week article): The review distinguishes between “reissuance restatements” (meaning that, as the title suggests, the financials are withdrawn and cannot be relied on—necessitating the filing of an 8-K — and new financials are issued) and “revision restatements” (where the errors are just corrected and explanatory notes included). [read post]
16 Jul 2018, 9:01 pm
In an age when smartphones are ubiquitous, and the ability to seek the answer to any question at any time has almost made “Google” a generic term, the paper-based information resources of years past have given way to voice search and virtual home assistants. [read post]
16 Jul 2018, 4:39 pm
The plaintiffs’ lawyers have managed to establish themselves as business transaction toll takers, and as long as the courts continue to approve disclosure-only settlements on some generalized notion that courts should encourage the resolution of cases, the courts are complicit in what Judge Richard Posner in the Walgreen decision called “no better than a racket. [read post]
13 Jul 2018, 1:34 pm
Even among such luminaries, Judge Posner stood out. [read post]
13 Jul 2018, 6:00 am
[More…] A tiny nugget from the SEC’s new FOIA rules by Cydney Posner in Cooley Pubco Yesterday, the SEC posted final amendments to its rules related to FOIA, the Freedom of Information Act, to conform to the FOIA Improvement Act of 2016 and to otherwise update and streamline the regulations. [read post]
11 Jul 2018, 6:26 pm
In August 2016, Judge Richard Posner of the U.S. [read post]
11 Jul 2018, 5:35 am
Lawprofs Lee Epstein and Eric Posner have a NYT column with the titillating title "If the Supreme Court Is Nakedly Political, Can It Be Just? [read post]
10 Jul 2018, 4:00 pm
Posner, and Bruce D. [read post]
9 Jul 2018, 6:13 pm
"Text, history, and tradition" methodology for Second Amendment cases Judge Kavanaugh noted the controversy over gun control, and cited articles by Judges Richard Posner and J. [read post]
9 Jul 2018, 6:17 am
(Ben and Judge Thapar recently published an article in the Michigan Law Review on textualism in response to a book by Judge Richard Posner on legal pragmatism.) [read post]
9 Jul 2018, 2:58 am
This recent Michigan Law Review piece by Judge Thapar and Benjamin Beaton, reviewing a new book by Judge Richard Posner has more on the virtues of formalism and is eminently worth reading; Highlights of Kevin Cope’s ideological scoring of the judges for the Washington Post’s Monkey Cage: likely picks other than Thapar are clustered closely together, all less conservative than Justice Alito’s Third Circuit record when he was picked; Thapar gets a more moderate rating but… [read post]
3 Jul 2018, 6:59 am
When President Donald Trump selected his first Supreme Court nominee a year and a half ago, only one of the final four frontrunners had never served as a judge on a federal appeals court: Amul Thapar, then a district-court judge for the Eastern District of Kentucky and a favorite of Senate Majority Leader Mitch McConnell. [read post]
1 Jul 2018, 1:40 pm
By the time they left the bench, Harry Blackmun, John Paul Stevens, David Souter and Richard Posner were no longer Republicans. [read post]
30 Jun 2018, 2:11 am
If Apple and then-Google's Motorola hadn't settled, even Judge Posner's historic FRAND decision could have gone all the way up to the top U.S. court.There also is some potential for legal questions involving the United States International Trade Commission (USITC) and its sole remedy (equivalent to injunctive relief) reaching the Supreme Court in the not too distant future.A hypothetical Justice Mike Lee would understand how to strike a reasonable balance between the… [read post]
