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Topic: Richard Posner


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In the News (Sat 30 Aug 08)

  
  Richard Posner - Wikipedia, the free encyclopedia
Richard Allen Posner (born January 11, 1939 in New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit.
Posner attended Yale College (A.B., 1959, summa cum laude) and Harvard Law School (LL.B, 1962, magna cum laude) where he was president of the Harvard Law Review and graduated first in his class, thereafter clerking for Justice William J. Brennan of the United States Supreme Court during the 1962-63 term.
Posner engaged in a debate on the ethics of using animals in research with the philosopher Peter Singer in 2001 at Slate magazine.
en.wikipedia.org /wiki/Richard_Posner   (733 words)

  
 Booknotes   (Site not responding. Last check: 2007-10-11)
POSNER: A person who's using the ideas from the, you know, cultural intellectual tradition -- could be philosophical, could be, you know, political, economic, sociological, literary, so on -- to communicate with the public about things that, you know, the ordinary people are interested in.
POSNER: I have a cat, to whom I'm devoted, but I'm not sure that -- I'm not sure that a cat is -- I don't -- I don't think a cat is a proper surrogate for the average American.
POSNER: Oh, I think -- well, there's always -- there's always a great -- the pitfall in trying to -- trying to identify sort of a quality trend is that you tend you consider the best of the past with the average of the present because you've forgotten the worst of the past.
www.booknotes.org /Transcript/?ProgramID=1678   (7158 words)

  
 Left gets nod from right on copyright law | CNET News.com
Posner's critique is significant because up to now much of the attack on the steady expansion of intellectual-property rights has come from the left, and the Seventh Circuit judge is a darling of the conservative movement.
Posner said that disturbing growth in overly broad business method patents is due both to the Patent and Trademark Office and a special federal court that hears patent cases.
Posner praised Stanford University law professor Larry Lessig for challenging the CTEA and locating a sympathetic plaintiff, Eric Eldred, who was harmed when the law took effect.
news.com.com /2100-1023-966595.html   (499 words)

  
 LAW, PRAGMATISM, AND DEMOCRACY
Posner also considers theoretical efforts to reconcile judicial review and democracy “quixotic.” Attacking originalism, he argues that “theories of judicial restraint are typically masks for judicial activists to don” (p.
Posner acknowledges the practical necessity “for deference to democratic preferences and modesty about the power of legal reasoning to put judges in touch with the truth.” Such constraints “limit the discretion even of the perfectly self-aware judge.” But these constraints are practical and political, not theoretical.
Everyday pragmatism, Posner writes, encompasses not merely legal pragmatism and pragmatic democracy, but also liberty—“the issue of the optimal scope of government.” To Posner, however, Mill’s ideal of liberty differs from “abstract” contemporary theory: it is “essentially pragmatic,” “independent of moral theory,” and “grounded in sensible practical observations” about human nature and scientific progress (p.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/posner-richard.htm   (1409 words)

  
 Reason Magazine - What is Richard Posner So Afraid Of?
Posner then asserted that the probability of such an attack is much higher (how much higher he didn't say), therefore he concludes that Americans are underspending on preventing such an attack.
Posner also mentioned that scientists at Brookhaven National Laboratory who are running the relativistic heavy ion collider (RHIC) had initially estimated that there was a 1 in 500,000 chance that the RHIC could create strangelets, which could shrink the earth into a sphere 100 meters in diameter before causing it to explode.
Posner reasonably noted that the scenarios for gradual warming over the next century actually did not imply the need for measures like the Kyoto Protocol, which would impose limits on the emissions of greenhouse gases like carbon dioxide.
www.reason.com /news/show/34001.html   (997 words)

  
 SSRN-Richard Posner's Democratic Pragmatism by Ilya Somin
Judge Richard Posner's recent book, "Law, Pragmatism, and Democracy", is a major contribution to the ongoing debate over the best conception of democracy and the role of judicial review within it.
Its excessive narrowness resides in Posner's failure to come to grips with the fact that the pragmatic soundness of an action cannot be assessed without a prior determination of whether the results it accomplishes are normatively desirable.
Finally, Posner's argument that judicial decision-making should be based on his theories of pragmatism and democracy suffers from the limitations of those theories themselves.
papers.ssrn.com /sol3/papers.cfm?abstract_id=503446   (611 words)

  
 Richard A. Posner at the Complete Review
"Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit is an intellectual force to be reckoned with.
"Richard Posner is a polymath, a one-man think tank, the grown-up version of the kid who always sat in the front row and knew the answer to the teacher's questions.
Posner always presents his case clearly: legal arguments and explanations are neatly unfolded (as in the best judicial opinions), and only the occasional recourse to statistical analysis might defeat the untrained reader.
www.complete-review.com /authors/posner.htm   (1298 words)

  
 Biography
Posner entered law teaching in 1968 at Stanford as an associate professor, and became professor of law at the University of Chicago Law School in 1969, where he remained (later as Lee and Brena Freeman Professor of Law) until his appointment to the Seventh Circuit in 1981.
Posner became a Judge of the U.S. Court of Appeals for the Seventh Circuit in December 1981; he was Chief Judge from 1993 to 2000.
Posner received honorary degrees of doctor of laws from Syracuse University in 1986, from Duquesne University in 1987, from Georgetown University in 1993, from Yale in 1996, and from the University of Pennsylvania in 1997; and he received the degree of Doctor Honoris Causa from the University of Ghent in 1995.
home.uchicago.edu /~rposner/biography   (482 words)

  
 Reason Magazine - Sex, Economics, and Other Legal Matters.
While Posner had been a well-known and controversial figure in legal circles for three decades, in 1999 his notoriety spread further: He published a book about the Clinton impeachment, An Affair of State, that caused a stir, and he was named mediator in the Microsoft antitrust case (although the negotiations ultimately fell apart).
Posner: This was funny: A high school classmate of mine is the parliamentarian of the House of Representatives, and he told me that Henry Hyde wanted to meet me. So the next time I was in Washington, I called up this fellow and he brought me over.
Posner: The core of antitrust is forbidding cartels and their informal counterparts, the price-fixing conspiracies, and preventing mergers that either create a monopoly or that so concentrate a market that they facilitate price fixing in a form difficult to deal with directly.
www.reason.com /news/show/27988.html   (4775 words)

  
 Amazon.com: Overcoming Law: Books: Richard A. Posner   (Site not responding. Last check: 2007-10-11)
Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams.
Posner writes, I believe, from the standpoint of the lucky American who has never had to face extinction as a consequence of the economy and this gives his thought a certain lack of heart which is also a failure to think things through.
Posner's defense of employment at will (which was thought, as recently as 1980, to be an out of date theory) is based on nothing more than an empirical, and questionable, economic claim: that we enjoy higher economic growth in America as a consequence of employment at will.
www.amazon.com /Overcoming-Law-Richard-Posner/dp/0674649265   (2076 words)

  
 Richard Posner - By Dahlia Lithwick - Slate Magazine
Richard Posner is a far more distinguished jurist than Thomas Penfield Jackson, who chose him last week to mediate--or attempt to mediate--a settlement in the Microsoft case.
Posner is the high prophet of "law and economics," a school of thought that derives legal principles from economic analysis, typically pointing at some established legal doctrine and declaring it nonsense.
Posner's explanation for his change in perspective is disappointingly conventional: He says he was put off by the picketing, sit-ins, and violence he witnessed at Stanford while teaching there in the late '60s.
www.slate.com /?id=56526   (2083 words)

  
 In the News
Richard Posner has been showered with superlatives by fans and critics alike.
Judge POSNER: Oh, I think it can --it can work in any society, but it does require, you know, some institutional foundations that may have to be laid first.
Judge POSNER: Well, I don't want to present myself as some kind of, you know, advocate marching to the barricades with the druggies or anything of that sort.
www.law.uchicago.edu /news/posner-r-cnbc.html   (1351 words)

  
 Catastrophe - Richard A. Posner
Posner isn't predicting the end of the world (or civilization), but he acknowledges that the potential is there -- and that we're not doing all we could.
Posner presents the material well, and his discussion is fairly thorough, but it's a lot of work and pages (and footnotes -- 706, over only 265 pages of text) that doesn't really get us too much further.
Richard A. Posner is Chief Judge, U.S. Court of Appeals for the Seventh Circuit.
www.complete-review.com /reviews/posnerr/cstrophe.htm   (1048 words)

  
 Praising Richard A. Posner
Richard Posner was born in New York City in 1939.
Posner is the real thing: a philosopher and intellectual who despite his immense learning has retained a strong sense of the humane and the decent.
Posner is a towering figure in American law, both as a judge and as a scholar, and one of his greatest merits has been his capacity for intellectual growth.
members.fortunecity.com /posner/intropraise.htm   (487 words)

  
 Book Reviews
Posner's approach is straightforward, case-law-oriented and is propelled by the power of the factual.
Posner points to the eminent role played by the judiciary in the American system, which leads to a distinctive attitude towards the theoretical issue concerning the relationship between the judge and the legislator.
Posner suggests that, in contrast to the strictly dogmatic argumentation of the English Judge, the US Judge will tend to import social sciences into his reasoning.
www.ejil.org /journal/Vol10/No1/br8.html   (953 words)

  
 Holy names and master races, the art of Richard Prairie Posner
Posner, a Fullbright scholar and NEA fellow, is known throughout America and Europe for his bold and often controversial art.
Posner created the work shortly after the Los Angeles riots when he noticed that dozens of helicopters were flying overhead taking photos and videos of the resulting fires and looting.
Posner calls the piece “a Rorschach image that for me is a speculation about power, its sources, its uses, its abuses”.
www.wildhunt.org /sample/posner.html   (1404 words)

  
 Kenan Malik's review of 'Public Intellectuals' by Richard Posner (via CobWeb/3.1 planetlab1.tamu.edu)   (Site not responding. Last check: 2007-10-11)
Posner is a formidable critic of academic pretense and sloth (it would undoubtedly be amusing to watch Judge Posner keep order in court) and some of the fights he picks - for instance with what he calls the 'Jeremiad school' of ecological doomsayers and cultural pessimists - are both entertaining and to the point.
Posner, following in the footsteps of his heroes Oliver Wendell Holmes and John Dewey, is a pragmatist, a tradition which he describes not as a philosophy but as an 'anti-philosophy'.
Posner agrees with Richard Rorty, the contemporary philosopher with whom he has greatest affinity, that we should ditch philosophical profundity for 'philosophical superficiality and light-mindedness' because only the latter can 'make the world's inhabitants more pragmatic, more tolerant, more liberal, more receptive to the appeal of instrumental rationality'.
www.kenanmalik.com.cob-web.org:8888 /reviews/posner_public.html   (1294 words)

  
 The New York Review of Books: Very Bad News
Richard Posner is a judge on the US Court of Appeals for the Seventh Circuit who, between opinions, has published dozens of free-fire polemics on everything from aging and public intellectuals to the rational organization of sex and the economic analysis of law.
Richard Posner's conception of the sorry end awaiting us if we are insufficiently alert is as futuristic as Diamond's is haunted by history.
Posner reviews them all in turn, in a hectic flurry of piled-up fact-bites, speculative calcula-tions, passing quarrels, and offhand policy dicta—an orderless mixture of assertion, guess, remark, and opinion for which the term "farrago" would seem to have been invented.
www.nybooks.com /articles/17850   (2866 words)

  
 Online NewsHour: Richard Posner -- May 9, 2002
RICHARD POSNER: Someone who uses general ideas, you know, the cultural tradition, political theory, economic theory to address issues of public concern and to address it...
RICHARD POSNER: The issues that tend to arise are extremely complex or involve, you know, paralyzing uncertainties.
RICHARD POSNER: Maybe it's unrealistic in terms of human nature to have people say this: I predicted acts that didn't happen.
www.pbs.org /newshour/conversation/jan-june02/posner_5-09.html   (872 words)

  
 CJR November/December 2005 - Judging Richard
Posner defends the timing of the opinion, in which he spoke for the full court, saying it’s not unusual for a court to explain its reasoning after a decision has been delivered, as was the case here.
Posner explains his thinking on this in terms of the market, creatively injecting into the mixture issues of competition for tuition dollars between public and private schools.
Posner argues further that “candor is a scarce commodity in judicial opinions,” while, at the same time, maintaining that obfuscation doesn’t necessarily de-legitimize the opinion.
www.cjr.org /issues/2005/6/Giuffo.asp?printerfriendly=yes   (3243 words)

  
 The Becker-Posner Blog
Posner gives a very good discussion of some of the criticisms made about the American system.
The same logic implies that voters have little incentive to be informed about the issues, even aside from the fact mentioned by Posner that many of these issues are highly complex and difficult to understand--such as the effects of a federal budget deficit on the economy.
If someone is having trouble repaying debt due to no fault of her (or his) own, microfinance lenders, as well as other lenders in these communities, often wait until times get better, instead of demanding all payments be made on time.
www.becker-posner-blog.com   (9189 words)

  
 Harvard University Press: Public Intellectuals : A Study of Decline by Richard A. Posner
Posner tracks these two trends to their inevitable intersection: a proliferation of modern academics commenting on topics outside their ken. The resulting scene--one of off-the-cuff pronouncements, erroneous predictions, and ignorant policy proposals--compares poorly with the performance of earlier public intellectuals, largely nonacademics whose erudition and breadth of knowledge were well suited to public discourse.
Leveling a balanced attack on liberal and conservative pundits alike, Posner describes the styles and genres, constraints and incentives, of the activity of public intellectuals.
Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.
www.hup.harvard.edu /catalog/POSPUB.html   (284 words)

  
 Bio: Judge Richard Allen Posner | Tech News on ZDNet
Richard Allen Posner was born in New York City on January 11, 1939 to Max and Blanche Posner.
Posner was appointed to the U.S. Court of Appeals for the Seventh Circuit in Chicago in 1981.
Judge Posner is considered one of the founders of the "Chicago school" of law and economics, which applies the principles of ecomonics to analyze the legal system.
news.zdnet.com /2100-9595_22-516783.html   (506 words)

  
 Amazon.ca: Catastrophe : Risk and Response: Books: Richard A. Posner   (Site not responding. Last check: 2007-10-11)
During his career as a federal appeals court judge, Posner has become a prominently outspoken commentator on a variety of legal and cultural issues.
Those familiar with Posner's extensive writings will not be surprised when he advocates applying cost-benefit analysis to determine which catastrophic threats are worth tackling first, though other suggestions will likely spark controversy.
Posner also offers subtle insights into the psychology of disaster preparedness, noting, for example, that science fiction movies in which the world is routinely saved inure us to the possibility of facing such threats in real life, as well as create undue faith in the saving grace of scientists.
www.amazon.ca /Catastrophe-Response-Richard-Posner/dp/0195178130   (389 words)

  
 Richard A. Posner
In this OpEd piece Judge Posner, U.S. Court of Appeals for the 7th Circuit, comments that the domestic surveillance activities of Defense Department components, such as, the National Security Agency and the Counterintelligence Field Activity "are criticized as grave threats to civil liberties.
Posner, Richard A. Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11.
He sweeps widely across multiple disciplines -- from organizational theory, to economics, to mathematics, to constitutional analysis -- to show how wrong the 9/11 and WMD commissions were in their analyses and conclusions and how wrongheaded the rush to pass the Intelligence Reform and Terrorism Prevention Act of 2004 really was.
intellit.muskingum.edu /alpha_folder/P_folder/posner.html   (800 words)

  
 Leiter Reports: A Group Blog: Citing Foreign Courts
Of course, Posner is quite right to say that judges sometimes use foreign decisions as a fig-leaf to cover their own moral and political views.
If Posner can point to a correspondingly specific provision of the Constitution that prohibits gay marriage or that bars the prohibition of the death penalty for 15-year-olds convicted of capital crimes, he should mention it to the judges who cite foreign decisions.
Posner agrees with me: he concedes that no American judges are in fact treating foreign law as binding authority, and he even agrees that old law *should* sometimes be given less authority than current law.
leiterreports.typepad.com /blog/2004/12/citing_foreign_.html   (7385 words)

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