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7 Jul 2022, 9:01 pm by Matthew Finkin
The CaseCalifornia’s Private Attorney General Act (PAGA) allows an employee “aggrieved” by a violation of state’s wage, hour, and wage payment law to obtain civil penalties “on behalf of himself and other current or former employees. [read post]
22 Jun 2022, 6:30 am by Guest Blogger
Owen Fiss, Sandy Levinson, Ronald Dworkin, Stanley Fish, Gerry Graff, Walter Michaels, all of whom glance sideways at Judge Posner; each with a connection to literature and the liberal arts, each a Jew of a certain age. [read post]
20 Jun 2022, 7:30 am by Guest Blogger
As such, Levinson positions Richard Posner, as a foil of sorts, representing the view that as disciplines, the study and practice of law and legal interpretation remain far removed from literature and similar fields of seemingly less precise methods of interpretation.[3] For many centuries, Jewish legal authorities have observed that by its nature, legal interpretation resists analogies to the exact sciences. [read post]
3 Jun 2022, 4:30 am by Eric Segall
By Eric SegallReaders of this blog probably know that I had a very close relationship with retired Judge Richard Posner before (and a little during) his current terrible battle with Alzheimer's. [read post]
23 May 2022, 10:57 am by Kevin LaCroix
The judiciary’s disdain for the plaintiffs’ lawyers shakedown “racket” is shown in Judge Richard Posner’s 2016 decision in the Walgreen’s case  (discussed here). [read post]
20 May 2022, 8:55 pm by Lawrence Solum
Noonan Jr, especially his disagreement in the Harvard Law Review with Judge Richard Posner, the Chapter contends that even amid rank, systemic injustice currently done to criminals in the name of the state, judges sentencing criminals can, at least to a point, witness to the power of the supernatural to correct and transform the natural. [read post]
18 May 2022, 6:30 am by Mark Graber
  A judge who reads only those reports might conclude, as Richard Posner infamously did, that the Constitution of the United States is “a charter of negative liberties. [read post]
16 May 2022, 6:27 pm by Jonathan M. Barnett
It has long been observed by some scholars and courts that a dominant firm “carries the seeds of its own destruction”—a phrase used by then-professor and later-Judge Richard Posner, writing in the University of Chicago Law Review in 1971. [read post]
3 May 2022, 2:01 pm by Kacyn H. Fujii
In his remarks at the 2020 FTC workshop on noncompetes, Richard Pierce of George Washington University School of Law argued that no court today would follow National Petroleum’s reasoning, even going so far as to call its logic “preposterous. [read post]
3 May 2022, 6:30 am by Guest Blogger
I very much agree with former judge Richard Posner’s observation that multi-member judiciaries should be viewed as “teams. [read post]
2 May 2022, 1:48 pm by Jonathan M. Barnett
Antitrust scholars have long argued, and many courts have adopted the view, that “false positive” costs should be weighted more heavily relative to “false negative” error costs, principally on the ground that, as Judge Richard Posner once put it, “a cartel . . . carries within it the seeds of its own destruction. [read post]
12 Apr 2022, 10:51 am by Dirk Auer
As David Evans and Richard Schmalensee aptly summarize: An increase in marginal cost on one side does not necessarily result in an increase in price on that side relative to price on the other. [read post]
1 Apr 2022, 12:10 pm by Lawrence Solum
Judge Richard Posner characterized the issue as one of procedure, freeing courts to honor the parties' stipulations to the applicable law without consideration of state law. [read post]
1 Apr 2022, 8:15 am
"Wrote Judge Richard Posner, in his 1996 book “Aging and Old Age," quoted in "After Posner retired from 7th Circuit, a grim diagnosis and a brewing battle" — a new article at Reuters.ADDED: It was a big surprise when Posner suddenly retired in 2017 — blogged here — so the additional information that surfaced because of this legal dispute is revealing. [read post]
22 Feb 2022, 7:02 am by Eric Segall
My good friend Dean Erwin Chemerinsky will no longer do Federalist  Society events either.Other than retired Judge Richard Posner, Tushnet and Chemerinsky have been my most important mentors and I regard both men fondly and warmly (and with gratitude for all they have done for my career). [read post]