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27 Nov 2022, 6:00 am by Lawrence Solum
  The most well-known group of anti-theorists are the pragmatists, including RIchard Posner as well as the so-called "prairie pragmatists," Daniel Farber and Suzanna Sherry. [read post]
16 Sep 2022, 5:00 am by Eric Segall
Constitutional change can come very quickly, and as I've paraphrased Richard Posner many times, if changing judges changes law, do we know what law is? [read post]
26 Aug 2022, 6:30 am
Posted by the Harvard Law School Forum on Corporate Governance, on Friday, August 26, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of August 19-25, 2022. 2021: The Year of CFO Turnover and Strides in Gender Diversity Posted by Jenna Fisher, Jim Lawson, and Rose Mistri-Somers, Russell Reynolds Associates, on Friday, August 19, 2022 Tags: CFOs, Diversity, ESG, Executive… [read post]
26 Aug 2022, 6:30 am
Posted by the Harvard Law School Forum on Corporate Governance, on Friday, August 26, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of August 19-25, 2022. 2021: The Year of CFO Turnover and Strides in Gender Diversity Posted by Jenna Fisher, Jim Lawson, and Rose Mistri-Somers, Russell Reynolds Associates, on Friday, August 19, 2022 Tags: CFOs, Diversity, ESG, Executive… [read post]
25 Aug 2022, 1:35 pm by admin
Professor Schauer’s discussion of statistical significance, covered in my last post,[1] is curious for its disclaimer that “there is no claim here that measures of statistical significance map easily onto measures of the burden of proof. [read post]
23 Aug 2022, 5:34 pm by Mark Tushnet
  Among his important works were a major article on the unconscionability doctrine, at the time touted as rule embedded in ordinary contract law that could be turned to use as a device to protect consumers (and redistribute wealth) [Leff didn’t think it could], and review essays of works by Richard Posner and Roberto Unger. [read post]
21 Aug 2022, 6:00 am by Lawrence Solum
 And their are many other views as well, including Posner's legal pragmatism and critical theories including feminist jurisprudence and critical race theory. [read post]
5 Aug 2022, 6:30 am
Kothari (MIT), and Parth Venkat (University of Alabama), on Wednesday, August 3, 2022 Tags: Capital allocation, Dividends, Executive Compensation, Firm performance, Incentives, Repurchases, Shareholder value SEC Proposes to Narrow Three Substantive Exclusions in the Shareholder Proposal Rule Posted by Cydney Posner, Cooley LLP, on Thursday, August 4, 2022 Tags: ESG, Rule 14a-8, SEC, SEC rulemaking, Securities… [read post]
5 Aug 2022, 6:30 am
Kothari (MIT), and Parth Venkat (University of Alabama), on Wednesday, August 3, 2022 Tags: Capital allocation, Dividends, Executive Compensation, Firm performance, Incentives, Repurchases, Shareholder value SEC Proposes to Narrow Three Substantive Exclusions in the Shareholder Proposal Rule Posted by Cydney Posner, Cooley LLP, on Thursday, August 4, 2022 Tags: ESG, Rule 14a-8, SEC, SEC rulemaking, Securities… [read post]
2 Aug 2022, 6:30 am by Guest Blogger
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 by Lawrence Solum
"  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 by Guest Author
(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 by Lawrence Solum
Introduction Constitutional discourse in both the academy and the public sphere has recently included quite a bit of talk about "originalism. [read post]
12 Jul 2022, 1:26 pm by Howard Bashman
“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 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]