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2 Aug 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
24 Jul 2022, 6:45 am
" Judge Richard Posner has developed an approach to statutory interpretation that reflects his general approach to jurisprudence, which he calls "pragmatism. [read post]
22 Jul 2022, 7:46 pm
(Though, to be clear, Brandeis would not have anticipated the rule of reason being translated into a “euphemism for nonliability,” to quote Richard Posner. [read post]
17 Jul 2022, 6:00 am
Introduction Constitutional discourse in both the academy and the public sphere has recently included quite a bit of talk about "originalism. [read post]
15 Jul 2022, 8:55 am
Here is the abstract: Richard A. [read post]
12 Jul 2022, 1:26 pm
“Former judge Richard Posner seeks dismissal of $170,000 wage case”: Nate Raymond of Reuters has a report that begins, “Lawyers for former U.S. [read post]
7 Jul 2022, 9:01 pm
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]
23 Jun 2022, 6:30 am
Richard H. [read post]
22 Jun 2022, 6:30 am
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
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]
16 Jun 2022, 12:10 pm
., Karl Llewellyn and Richard Posner). [read post]
3 Jun 2022, 4:30 am
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]
26 May 2022, 7:12 am
Circuit Court Judge Richard Posner, he of the “strange new respect” earned... [read post]
23 May 2022, 10:57 am
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
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
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
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]
6 May 2022, 9:30 pm
Posner and George J. [read post]
3 May 2022, 2:01 pm
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
I very much agree with former judge Richard Posner’s observation that multi-member judiciaries should be viewed as “teams. [read post]
