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19 May 2024, 6:00 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]
17 May 2024, 5:00 am by Jeffrey Harrison
This is essentially an argument made by Richard Posner who likens law review articles to salmon swimming upstream. [read post]
12 May 2024, 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]
24 Apr 2024, 11:44 am by Kevin LaCroix
” It is a process that the well-respected jurist Richard Posner famously described as “no better than a racket. [read post]
1 Apr 2024, 7:24 am by Matthew Ackerman
Judge Posner described this well: Compensation in the constitutional sense is . . . not full compensation, for market value is not the value that every owner of property attaches to his property but merely the value that the marginal owner attaches to his property. [read post]
12 Mar 2024, 12:10 pm by Mario Zúñiga
” As Richard Posner explained long ago in his treatise “Antitrust Law” (at 73-74), the term “barrier to entry” is commonly used to describe any obstacle or cost faced by entrants. [read post]
22 Feb 2024, 10:30 am by Mario Zúñiga
., Richard Posner’s “The Effects of Deregulation on Competition: The Experience of the United States“). [read post]
21 Feb 2024, 8:15 am by Chris Sutton
As Richard Posner explained: “Rational people base their decisions on their expectations of the future rather than on their regrets about the past. [read post]
31 Jan 2024, 9:20 pm by Orin S. Kerr
  As Richard Posner noted in the 2007 essay I blogged about last month, there has been a switch over the decades from the model of the law professor as top lawyer steeped in lawyering to the model of the law professor as academic who writes and teaches in the field of law. [read post]
26 Jan 2024, 1:00 pm by ernst
Mathias v Accor Economy Lodging, Inc (2003): Judge Richard A Posner's Message and Method on Punitive DamagesEllen M Bublick (University of Arizona, USA)15. [read post]
25 Jan 2024, 8:12 am
Richard and Mary Eshelman Faculty Scholar Professor of Law and International Affairs Acting University Ombudsperson (from October 2021) University Ombudsperson Elect Pennsylvania State University | 239 Lewis Katz Building, University Park, PA 16802    1.814.863.3640 (direct) ||  lcb11@psu.edu   ABSTRACT: The Universal Declaration of Human Rights appeared to define human rights even as their scope, practice, interpretation, and ideological foundation remained… [read post]
16 Jan 2024, 8:49 am by Mario Zúñiga
Any changes proposed to Argentinian antitrust law must begin by finally addressing its obvious Achilles Heel. [1] For a full review of the proposed competition law, I would suggest checking this detailed review by Esteban Greco, former president of the Argentinian Competition Defense Commission (Comisión Nacional de Defensa de la Competencia or “CNDC”). [2] POSNER, Richard. [read post]
9 Jan 2024, 9:05 pm by renholding
”[5] In Judge Richard Posner’s words: “The realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30. [read post]
29 Dec 2023, 4:00 am by Paul Caron
: Back in 2007, Richard Posner published a very interesting reflection on the state of the legal academy in the form of a memorial essay to his colleague Bernard Meltzer [74 U. [read post]
28 Dec 2023, 5:04 am by SHG
At Volokh Conspiracy, Orin Kerr raises an old question, first raised by Richard Posner 16 years ago. [read post]
27 Dec 2023, 1:25 pm by Orin S. Kerr
[Revisiting Posner's 2007 essay. ] Back in 2007, Richard Posner published a very interesting reflection on the state of the legal academy in the form of a memorial essay to his colleague Bernard Meltzer. [read post]
12 Oct 2023, 7:48 am by Gus Hurwitz
The world was neoliberal and Richard Posner still believed in capitalism. [read post]