What Animal Would Judge Us The Most

American approximate

Richard Posner
Chief Judge of the United States Courtroom of Appeals for the Seventh Excursion
In part August 1, 1993 – Baronial 1, 2000
Preceded past	William J. Bauer
Succeeded past	Joel Flaum
Estimate of the United States Courtroom of Appeals for the Seventh Circuit
In office Dec 1, 1981 – September 2, 2017
Appointed by	Ronald Reagan
Preceded by	Philip Willis Tone
Succeeded by	Michael Y. Scudder
Personal details
Born	Richard Allen Posner (1939-01-11) January eleven, 1939 (age 83) New York Urban center, U.S.
Spouse(s)	Charlene Horn
Children	ii, including Eric Posner
Teaching	Yale University (BA) Harvard University (LLB)

Richard Allen Posner (; born Jan eleven, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Courtroom of Appeals for the Seventh Circuit from 1981 to 2017.^[1] A senior lecturer at the Academy of Chicago Law School, Posner is a leading effigy in the field of law and economic science, and was identified by The Periodical of Legal Studies every bit the most cited legal scholar of the 20th century.^[ii] He is widely considered to exist one of the well-nigh influential legal scholars in the Us.^{[3] [4] [5] [6] [7]}

Posner is known for his scholarly range and for writing on topics outside of his chief field, police force. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex wedlock, Keynesian economic science, and academic moral philosophy, among other subjects.

Posner is the writer of about xl books on jurisprudence, economic science, and several other topics, including Economic Analysis of Law, The Economics of Justice, The Issues of Jurisprudence, Sex and Reason, Law, Pragmatism and Commonwealth, and The Crisis of Backer Democracy. Posner has generally been identified every bit being politically conservative;^{[ citation needed ]} however, in recent years he has distanced himself from the positions of the Republican party,^[8] authoring more liberal rulings involving same-sexual practice marriage and abortion.^{[ix] [10]} In A Failure of Capitalism, he has written that the 2008 fiscal crisis has caused him to question the rational-choice, laissez-faire economic model that lies at the middle of his law and economics theory.

Early life and education [edit]

Richard Posner was born on Jan 11, 1939, in New York City. His father's family were of Romanian Jewish descent, and his mother'due south family were Ashkenazi Jews from Galicia in the Austrian Empire.^{[eleven] [12]}

After high school, Posner studied English language literature at Yale University, graduating in 1959 with an A.B. degree summa cum laude and membership in Phi Beta Kappa. He and then attended Harvard Police force School, where he was president of the Harvard Police force Review. He graduated in 1962 ranked first in his form with an LL.B. magna cum laude.^[13]

Legal career [edit]

External video
Word with Posner and his biographer William Domnarski at the Seminary Coop Bookstore in Chicago[14]

After law school, Posner clerked for Justice William J. Brennan Jr. of the U.S. Supreme Court from 1962 to 1963. He and then served as an attorney-advisor to Commissioner Philip Elman of the Federal Merchandise Commission (FTC); he would later argue that the FTC ought to be abolished.^[xiii] Posner went on to work in the Office of the Solicitor Full general in the United States Department of Justice, under Solicitor Full general Thurgood Marshall.^[thirteen]

In 1968, Posner accepted a position teaching at Stanford Police School.^[13] In 1969, Posner moved to the kinesthesia of the Academy of Chicago Law School, where he remains a senior lecturer. He was a founding editor of The Journal of Legal Studies in 1972.

On October 27, 1981, Posner was nominated by President Ronald Reagan to a seat on the U.s. Court of Appeals for the 7th Circuit vacated by Estimate Philip Willis Tone.^[15] Posner was confirmed by the United states Senate on November 24, 1981, and received his commission on December one, 1981. He served as Chief Judge of that court from 1993 to 2000 merely remained a part-fourth dimension professor at the University of Chicago.^[fifteen] Judge Posner retired from the federal demote on September two, 2017.

Posner is a pragmatist in philosophy and an economist in legal methodology. He has written many articles and books on a wide range of topics including law and economics, constabulary and literature, the federal judiciary, moral theory, intellectual property, antitrust law, public intellectuals, and legal history.^[16] He is too well known for writing on a wide variety of current events including the 2000 presidential election recount controversy, Bill Clinton's affair with Monica Lewinsky^[15] and his resulting impeachment procedure,^[17] and the 2003 invasion of Republic of iraq.^[18]

His analysis of the Lewinsky scandal cut across most party and ideological divisions. Posner'south greatest influence is through his writings on law and economics; The New York Times called him "one of the about important antitrust scholars of the past half-century." In December 2004, Posner started a articulation web log with Nobel Prize-winning economist Gary Becker, titled merely "The Becker-Posner Blog".^[19] Both men contributed to the weblog until before long before Becker's death in May 2014, after which Posner announced that the blog was being discontinued.^[20] He too had a blog at The Atlantic, where he discussed the then-current Bully Recession.^[21]

Posner was mentioned in 2005 as a potential nominee to supplant Sandra Day O'Connor because of his prominence as a scholar and an appellate guess. Robert S. Boynton wrote in The Washington Postal service that he believed Posner would never sit on the Supreme Court because despite his "obvious brilliance," he would exist criticized for his occasionally "outrageous conclusions," such equally his contention "that the dominion of law is an adventitious and dispensable element of legal credo," his argument that buying and selling children on the free market would lead to better outcomes than the present situation, government-regulated adoption, and his back up for the legalization of marijuana and LSD.^[22]

Posner on Posner Serial

Gauge Posner was the focus of a "serial" of posts (many Q&A interviews with the Judge) done by University of Washington Law Professor Ronald K. Fifty. Collins. The twelve posts—collectively titled "Posner on Posner"—began on November 24, 2014, and ended on Jan 5, 2015, and appeared on the Concurring Opinions blog.^[23]

Legal and philosophical positions [edit]

In Posner's youth and in the 1960s every bit law clerk to William J. Brennan, he was more often than not counted as a liberal. Notwithstanding, in reaction to some of the perceived excesses of the tardily 1960s, Posner developed a strongly conservative bent. He encountered Chicago School economists Aaron Director and George Stigler while a professor at Stanford.^[13] Posner summarized his views on law and economic science in his 1973 book The Economic Analysis of Law.^[13]

Today, although generally viewed every bit to the right in academia, Posner's pragmatism, his qualified moral relativism and moral skepticism,^[24] and his affection for the thought of Friedrich Nietzsche set him autonomously from most American conservatives. Equally a approximate, with the exception of his rulings with respect to the sentencing guidelines and the recording of police actions, Posner'south judicial votes have always placed him on the moderate-to-liberal wing of the Republican Political party, where he has get more isolated over time. In July 2012, Posner stated, "I've get less bourgeois since the Republican Party started becoming goofy."^[25] Among Posner's judicial influences are the American jurists Oliver Wendell Holmes Jr. and Learned Hand.

In June 2016, Posner was criticized by right-wing media organizations for a column he wrote for Slate in which he stated, "I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation."^{[26] [27]}

He has called his arroyo to judging pragmatic. "I pay very picayune attention to legal rules, statutes, constitutional provisions. ... A case is merely a dispute. The first thing you do is ask yourself—forget about the police—what is a sensible resolution of this dispute? The next thing ... is to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. And the answer is that's actually rarely the example. When you accept a Supreme Court case or something similar, they're often extremely easy to go around."^[28]

Abortion [edit]

Posner has written several opinions sympathetic to abortion rights, including a decision that held that belatedly term abortion was constitutionally protected in some circumstances.^[29]

In Nov 2015, Posner authored a decision in Planned Parenthood of Wisconsin 5. Schimel hitting down regulations on abortion clinics in Wisconsin. He rejected the state'due south argument that the laws were written to protect the health of women and non to make abortion more difficult to obtain. Accusing the country of indirectly trying to ban abortions in the state Posner wrote, "They [Wisconsin] may do this in the proper noun of protecting the wellness of women who have abortions, withal as in this case the specific measures they support may practice niggling or nada for wellness, but rather strew impediments to ballgame."^[30]

Brute rights [edit]

Posner rejects an ethic of strong animate being rights on pragmatic grounds (where such an ethic posits the moral irrelevance of species membership).^[31] He recognizes the philosophical force of arguments for strong animal rights, but maintains that human intuition about the paramount value of human life makes it impossible to accommodate an ethic of strong animal rights. Posner, a self-avowed moral anti-realist,^[32] does not present his critique of stiff beast rights as a deductive proof. Instead, he highlights the practical importance of intuition and emotion over abstract argument. In response to the philosopher Peter Singer in 2001 at Slate magazine, Posner concludes by saying "in our debate, Professor Vocaliser, information technology is you who are the tough guy, and I the softie, the sentimentalist, willing to base animal rights on empathy, unwilling to follow the utilitarian logic to the harsh conclusions sketched above."^[33]

In a 2000 Yale Police Periodical book review on the title "Rattling the Cage" past Steven One thousand. Wise, Posner once more criticized the legal notion of animal rights. In the review, Posner argues that Wise's arroyo, using the cerebral ability of animals compared to that of very young normal homo beings as a ground for rights-worthiness, is arbitrary and in contrast with major traditional and contemporary philosophies (including the theology of Thomas Aquinas for one and utilitarianism for some other). In addition, he points out that this footing for rights has problematic implications—including that it might before long make some computers more than worthy of rights than some humans, a conclusion he calls absurd. Posner goes on to reason that granting human-like rights to animals is fraught with implications which could radically disrupt or cheapen the rights of human beings. He alludes to Hitler's zoophilia as prove that respect for animals and humaneness toward human beings are not necessarily associated. Arguing that the analogy of beast rights to the civil rights movement lacks imagination and is not very apt, Posner posits that beast welfare might be meliorate protected by other legal models, one example of which would be stronger laws making animals property, since, he asserts, people tend to protect what they own.^[34]

Posner engaged in a debate with the philosopher Peter Vocalizer in 2001 at Slate mag. He agrees that "gratuitous cruelty to and fail of animals is incorrect and that some costs should exist incurred to reduce the suffering of animals raised for food or other human being purposes or subjected to medical or other testing and experimentation," only rejects grounding this view in an ethic of strong animal rights, contending that such a premise entails conclusions inconsistent with the reality of human society and psychology. He further states that people whose opinions were inverse by consideration of the philosophical arguments presented in Singer'south book Fauna Liberation failed to see the "radicalism of the ethical vision that powers [their] view on animals, an ethical vision that finds greater value in a healthy hog than in a profoundly retarded child, that commands inflicting a bottom pain on a human beingness to avert a greater pain to a canis familiaris, and that, provided just that a chimpanzee has 1 percent of the mental ability of a normal man, would require the cede of the man existence to relieve 101 chimpanzees."^[33]

Posner emphasizes the importance of facts over arguments in creating social change. He states that his moral intuition says that "information technology is incorrect to give as much weight to a dog's pain equally to an infant's pain," and that "[this] is a moral intuition deeper than any reason that could be given for it and impervious to any reason that yous or anyone could give against it." Instead, Posner claims that "[expanding and invigorating] the laws that protect animals volition require not philosophical arguments for reducing human beings to the level of the other animals only facts, facts that will stimulate a greater empathetic response to animal suffering and facts that volition alleviate concern about the human costs of further measures to reduce brute suffering."^[33]

Antitrust [edit]

Forth with Robert Bork, Posner helped shape the antitrust policy changes of the 1970s through his idea that 1960s antitrust laws were in fact making prices college for the consumer rather than lower, while he viewed lower prices as the essential end goal of whatsoever antitrust policy.^[xiii] Posner'due south and Bork's theories on antitrust evolved into the prevailing view in academia and at the Justice Section in the George H. W. Bush Administration; they take remained the consensus view in both the Justice Department and amidst legal academics of antitrust.^[13]

The Bluebook [edit]

The Bluebook is the manner guide which prescribes the most widely used legal citation organization in the United States. Posner is "one of the founding fathers of Bluebook abolitionism, having advocated information technology for almost 20-five years, always since his 1986 University of Chicago Police force Review article^[35] on the field of study."^[36] In a 2011 Yale Law Journal article, he wrote:

The Bluebook: A Uniform System of Commendation exemplifies hypertrophy in the anthropological sense. Information technology is a monstrous growth, remote from the functional need for legal citation forms, that serves obscure needs of the legal culture and its student subculture.^[37]

He describes those needs equally unrelated to practical legal activity but instead as social and political.

In the same article, Posner gives an excerpt of the entire citation style guide included (equally an appendix) in the short manual he gives his own legal clerks (whom he describes as "very smart"); the appendix is about 2–3 pages long, and he says the entire manual is nearly 1% as long as the Bluebook.

Drugs [edit]

Posner opposes the U.S. "State of war on Drugs" and called it "quixotic". In a 2003 CNBC interview he discussed the difficulty of enforcing criminal marijuana laws, and asserted that it is hard to justify the criminalization of marijuana when compared to other substances. In a talk at Elmhurst College in 2012, Posner said that "I don't call up that we should take a fraction of the drug laws that we have. I think it's really cool to be criminalizing possession or utilise or distribution of marijuana."^[38]

National security [edit]

At the Cybercrime 2020: The Future of Online Crime and Investigations briefing held at Georgetown University Police force Center on November 20, 2014, Posner, in addition to farther reinforcing his views on privacy being over-rated, stated that "If the NSA wants to vacuum all the trillions of bits of information that are itch through the electronic worldwide networks, I think that'due south fine. ... Much of what passes for the proper name of privacy is actually merely trying to muffle the disreputable parts of your carry," Posner added. "Privacy is mainly well-nigh trying to meliorate your social and business organization opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you lot." Posner too criticized mobile OS companies for enabling end-to-stop encryption in their newest software. "I'm shocked at the thought that a company would be permitted to manufacture an electronic product that the regime would not exist able to search" he said.^[39]

Patent and copyright law [edit]

Posner has expressed concerns, on the blog he contributed to with Gary Becker, that both patent and copyright protection, though particularly the old, may exist excessive. He argues that the cost of inventing must be compared to the cost of copying in order to determine the optimal patent protection for an inventor. When patent protection is too strongly in favor of the inventor, market efficiency is decreased. He illustrates his statement by comparing the pharmaceutical industry (where the cost on invention is high) with the software industry (where the price of invention is relatively depression).^[twoscore] However, Posner suggested that strengthening copyright law, including a possible bar on linking to or paraphrasing copyrighted materials, may be necessary as a means to prevent what he views every bit free riding on newspaper journalism.^{[41] [42] [43]} His co-blogger Gary Becker simultaneously posted a contrasting stance that while the Internet might injure newspapers, it will non harm the vitality of the press, just rather embolden it.^[44]

Police recording [edit]

As office of a three-judge console on the 7th Circuit in Chicago, weighing a claiming to the Illinois Eavesdropping Act, which confined the hush-hush recording of conversations without the consent of all the parties to the chat, Posner was to deliver another memorable quote. At event was the constitutionality of the Illinois wiretapping police, which makes it illegal to tape someone without consent even when filming public acts like arrests in public. Posner interrupted the ACLU after just fourteen words, stating, "Yep, I know. Merely I'm not interested, actually, in what you want to do with these recordings of peoples' encounters with the police. ..." Posner continued: "Once all this stuff can exist recorded, there'south going to be a lot more of this snooping around by reporters and bloggers. ... I'g always suspicious when the civil liberties people start telling the law how to do their business."^[45] The 7th Circuit upheld the claiming, 2–ane, striking downwards the Eavesdropping Deed, simply Posner wrote a dissenting opinion.

Prisoners [edit]

In a dissent from an before ruling by his protégé Frank Easterbrook, Posner wrote that Easterbrook's decision that female guards could lookout man male person prisoners while in the shower or bath must stem from a belief that prisoners are "members of a different species, indeed as a type of vermin, devoid of homo nobility and entitled to no respect. ... I do not myself consider the 1.5 meg inmates of American prisons and jails in that light."^{[13] [46]}

Race and public teaching [edit]

Posner's views of public education policy are informed by his view that groups of students differ in intellectual ability, and therefore, that it is faulty to impose uniform educational standards on all schools. His view in this regard is undergirded by his view that unlike races differ in intelligence. (However, Posner says that he thinks it is "highly unlikely" that these differences are rooted in genetics, rather than environment.)

In a weblog post, Posner wrote, "I advise that the only worthwhile reforms of teacher compensation are raising instructor wages uniformly, providing recognition and pocket-size bonuses for outstanding teachers, and increasing hiring standards."^[47] In the same postal service, he wrote, "I am non clear what we should remember the problem of American education (beneath the higher level) is. Most children of centre-class ... Americans are white or Asian and attend good public or private schools, usually predominantly white. The boilerplate white IQ is of course 100 and the Asian (like the Jewish) virtually ane standard deviation higher, that is, 115. The boilerplate black IQ is 85, a total standard divergence beneath the white average, and the average Hispanic IQ has been estimated recently at 89. Black children in detail often come from disordered households, which has a negative effect on ability to larn and perchance indeed on IQ. ... Increasingly, blackness and Hispanic students find themselves in schools with few white or Asian students. The claiming to American education is to provide a useful education to the large number of Americans who are unlikely to benefit from a college teaching or from loftier school courses aimed at preparing students for college."

Same-sex marriage [edit]

In September 2014, Posner authored the opinions in the consolidated cases of Wolf v. Walker and Baskin v. Bogan challenging Wisconsin and Indiana'southward land level same-sex matrimony bans. The opinion of the 3-judge console on the 7th Circuit Court of Appeals ruled that Indiana and Wisconsin's bans on same-sex marriage were unconstitutional, affirming a lower courtroom ruling.^[10] During oral arguments, Wisconsin'south attorney full general cited tradition equally a reason for maintaining the ban, prompting Posner to note that: "It was tradition to not allow blacks and whites to marry—a tradition that got swept away." Though Posner argued in his 1992 book Sex and Reason that prohibitions against gay marriage were rationally justified, he held in the 2014 cases that the aforementioned-sex spousal relationship bans were both "a tradition of detest" and "savage discrimination".^[48] Posner wrote the stance for the unanimous panel, finding the laws unconstitutional under the Equal Protection Clause. The Supreme Courtroom so denied writ of certiorari and left Posner's ruling to stand.

Torture [edit]

When reviewing Alan Dershowitz'southward volume, Why Terrorism Works: Agreement the Threat, Responding to the Challenge, Posner wrote in the September 2002 The New Commonwealth, "If torture is the but ways of obtaining the information necessary to prevent the detonation of a nuclear flop in Times Square, torture should be used—-and volition be used—to obtain the information.... No i who doubts that this is the case should exist in a position of responsibleness."^[49]

Judicial career [edit]

Posner is one of the most prolific legal writers, through both the number and topical latitude of his opinions, to say nothing of his scholarly and pop writings.^[50] Unlike many other judges, he writes all his ain opinions.^[13] Nobel Laureate economist Robert Solow says that Posner "is an evidently inexhaustible writer on ... nigh everything. To call him a polymath would be a gross understatement. ... Judge Posner evidently writes the style other men breathe", though the economist describes the judge's grasp of economics every bit, "in some respects, ... precarious."^[51]

In 1999, Posner was welcomed as a private mediator among the parties involved in the Microsoft antitrust case.^[fifteen]

A study published by Fred Shapiro in the University of Chicago's The Periodical of Legal Studies found Posner is the about-cited legal scholar of all time by a considerable margin, as Posner's work has generated vii,981 cites compared to the runner-up Ronald Dworkin's four,488 cites.^[2] Bated from the sheer volume of his output, Posner's opinions enjoy great respect from other judges, based on citations, and within the legal university, where his opinions are taught in many foundational law courses.

Notable cases [edit]

In his conclusion in the 1997 example Country Oil Co. five. Khan, Posner wrote that a ruling 1968 antitrust precedent set past the Supreme Court was "moth-eaten", "wobbly", and "unsound".^[xiii] Withal, he abided by the previous determination with his ruling.^[13] The Supreme Court granted certiorari and overturned the 1968 ruling unanimously; Sandra Day O'Connor wrote the opinion and spoke positively of both Posner'due south criticism and his decision to abide by the ruling until the Courtroom decided to change it.^[52]

Tort law [edit]

In Indiana Harbor Belt Railroad Co. 5. American Cyanamid Co. (1990), Posner lowered the standard of legal liability a railroad faced for a hazardous waste spill.^{[53] [54]} The case became a staple of first year torts courses taught in American law schools, where the case is used to address the question of when it is ameliorate to use negligence liability or strict liability.^[55]

In 1999, Posner practical the lex loci delicti commissi rule on option of law rather than the Restatement of Torts, Second when rejecting a claim past an Illinois dentist who slipped and roughshod in Acapulco, United mexican states.^[56] In 2003, Posner affirmed a punitive damages award of 37.2 times the compensatory damages guests won from a bedbug infested Motel 6.^[57] In 2003, Posner found that co-workers who did non prevent a hypoglycemic diabetic'due south fatal attempt to drive himself domicile violated no duty to rescue.^[58]

Contract law [edit]

In Morin Building Products Co. five. Baystone Construction, Inc. (1983), Posner held that the Compatible Commercial Code presumes contracts impose an objective standard upon what would subjectively be illusory promises.^[59] In 1987, Posner dissented when Judges Frank H. Easterbrook, joined by Richard Dickson Cudahy, found that a stockbroker could sue his one-time employer under SEC Rule 10b-5 later he quit shortly before the firm'due south lucrative unannounced merger.^{[60] [61]} In 1990, Posner found that Delaware corporate police did not permit an airline's lath from adopting a poisonous substance pill provision that encouraged its machinists to take strike action if its pilots' takeover attempt succeeded.^[62] In 1991, Posner held that skillful faith performance is a factual question of the defendant's country of heed that must be proven at trial.^[63]

Civil rights [edit]

In 1984, Posner wrote for the en banc circuit when it held that a consent decree regulating law enforcement Red Squads did not apply to FBI terrorism investigations, over the dissent of Estimate Richard Dickson Cudahy. In January 2001, Posner loosened that consent decree to allow the Chicago Police Department to bear counterterrorism operations.^[64]

In United states of america v. Marshall (1990), Posner dissented when Frank H. Easterbrook, writing for the en banc excursion, held that the punishment for possession of LSD is adamant by the weight of the carrier it is found within.^[65] The circuit's judgment was then affirmed by the Supreme Court of the United states of america.^[66]

In 1995, Posner, joined by Gauge Walter J. Cummings Jr., affirmed an injunction blocking Illinois from closing schools on Expert Fri as a violation of the Establishment Clause, over the dissent of Judge Daniel Anthony Manion.^[67] In 2000, Posner found that partners at a big police firm could be considered employees with regard to the Age Discrimination in Employment Act of 1967.^[68] Posner found that secondary liability attaches to a file sharing service for contributory copyright infringement in In re Aimster Copyright Litigation (2003).^[69]

Awards and honors [edit]

A 2004 poll by Legal Affairs magazine named Posner every bit one of the top xx legal thinkers in the U.S.^[lxx]

In March 2007, the Harvard Law Review dedicated an issue of faculty written case comments in tribute of Judge Posner.^[71] In 2008, the Academy of Chicago Police Review published a commemorative result: "Commemorating Twenty-five Years of Judge Richard A. Posner."^[72] 1 of Posner's sometime clerks, Tim Wu, calls Posner "probably America'southward greatest living jurist."^[50] Another of Posner'south erstwhile legal clerks, Lawrence Lessig, wrote, "There isn't a federal gauge I respect more, both as a approximate and person."^[73] The former dean of Yale Police School, Anthony T. Kronman, said that Posner was "one of the most rational human beings" he had ever met.^[13]

Personal life [edit]

Posner and his married woman, Charlene Horn, take lived in Hyde Park, Chicago, for many years. His son Eric Posner is as well a prominent legal scholar and teaches at the University of Chicago Law School. Posner is a self-described "cat person" and is devoted to his Maine Coon, Pixie.^[74] Posner appeared with his previous cat, a Maine Coon named Dinah, in a photo accompanying a lengthy contour (of Posner) in The New Yorker in 2001.^[75] He has been known to illustrate legal points in his opinions with elaborate cat-related metaphors and examples.^[76]

Posner was diagnosed with Alzheimer's affliction in early on 2018, approximately vi months after leaving the bench, and equally of 2022 resides in a nursing facility.^[77]

Selected works [edit]

Books [edit]

External video
Interview with Posner on An Affair of State: The Investigation, Impeachment and Trial of President Clinton conducted by Milt Rosenberg for "Extension 720", WGN Radio, September 22, 1999, C-SPAN
Interview with Posner on Breaking the Deadlock conducted by Milt Rosenberg for "Extension 720", August 23, 2001, C-SPAN
Booknotes interview with Posner on Public Intellectuals: A Report of Pass up, June 2, 2002, C-Bridge
Presentation by Posner on Catastrophe: Gamble and Response, March 11, 2005, C-SPAN
Console give-and-take including Richard Posner, featuring discussion of his book The Little Volume of Plagiarism, March 14, 2007, C-Span

• 1973 Economic Analysis of Constabulary, 1st ed.
  • 2007 Economical Analysis of Constabulary, 7th ed., ISBN 978-0-7355-6354-4
  • 2010 Economical Assay of Law, 8th ed., ISBN 978-0-7355-9442-5
  • 2014 Economical Analysis of Police force, ninth ed.
• 1978 Antitrust Constabulary: An Economic Perspective ^[78]
  • 2001 Antitrust Law, 2d ed., ISBN 978-0-226-67576-3
• 1981 The Economics of Justice, ISBN 978-0-674-23526-vii
• 1985 The Federal Courts: Crisis and Reform
  • 1996 The Federal Courts: Challenge and Reform (2d ed.), ISBN 978-0-674-29627-5
• 1988 Law and Literature: A Misunderstood Relation, ISBN 978-0-674-51468-three
  • 1998 Police force and Literature (revised and enlarged ed.), ISBN 978-0-674-51471-3
  • 2009 Police and Literature, 3rd. ed., ISBN 978-0-674-03246-0
• 1990 The Problems of Jurisprudence, ISBN 978-0-674-70876-i
• 1990 Cardozo: A Study in Reputation, ISBN 978-0-226-67556-5
• 1992 Sex activity and Reason, ISBN 978-0-674-80280-3
• 1995 Overcoming Law, ISBN 978-0-674-64926-2, Among the topics is a critique of Robert Bork's constitutional theories, review of books about the legal arrangement in the Tertiary Reich, and a word of the legal culture reflected in the works of Tom Wolfe and E.Thou. Forster.
• 1995 Aging and Quondam Age, ISBN 978-0-226-67568-8
• 1996 Law and Legal Theory in England and America, ISBN 978-0-xix-826471-2
• 1999 The Problematics of Moral and Legal Theory, ISBN 978-0-674-00799-4
• 1999 An Affair of State: The Investigation, Impeachment, and Trial of President Clinton. Cambridge, Mass.: Harvard University Press, ISBN 0-674-00080-three.
• 2001 Frontiers of Legal Theory, ISBN 978-0-674-01360-v
• 2001 Breaking the Deadlock: The 2000 Presidential Ballot and the Courts, ISBN 978-0-691-09073-three
• 2002 Public Intellectuals: A Study of Decline, ISBN 978-0-674-00633-1
• 2003 Law, Pragmatism and Republic, ISBN 978-0-674-01081-9
• 2003 The Economic Structure of Intellectual Property Constabulary (Harvard Univ. Printing) (with William Landes), ISBN 978-0-674-01204-two
• 2004 Catastrophe: Take chances and Response, ISBN 978-0-19-530647-vii
• 2005 Preventing Surprise Attacks: Intelligence Reform in the Wake of ix/xi, ISBN 978-0-7425-4947-0
• 2006 Uncertain Shield: The U.S. Intelligence Organisation in the Throes of Reform, ISBN 978-0-7425-5127-five
• 2006 Not a Suicide Pact: The Constitution in a Fourth dimension of National Emergency, ISBN 978-0-19-530427-v
• 2007 The Piffling Book of Plagiarism, ISBN 978-0-375-42475-5
• 2007 Countering Terrorism: Blurred Focus, Halting Steps, ISBN 978-0-7425-5883-0
• 2008 How Judges Recall, ISBN 978-0-674-02820-3
• 2009 A Failure of Capitalism: The Crisis of '08 and the Descent into Depression, ISBN 978-0-674-03514-0
• 2009 Uncommon Sense: Economical Insights, from Spousal relationship to Terrorism (with Gary Becker)
• 2010 The Crisis of Capitalist Democracy, ISBN 978-0-674-05574-ii
• 2013 Reflections on Judging
• 2016 Divergent Paths: The Academy and the Judiciary
• 2017 The Federal Judiciary: Strengths and Weaknesses

Articles [edit]

• The Federal Trade Commission, 37 U. Chi. L. Rev. 47 (1969)
• A Theory of Negligence, ane J. Legal Stud. 29 (1972)
• The Economics of the Baby Shortage: A Small Proposal, 7 J. Legal Stud. 323 (with Elisabeth M. Landes) (1978)
• Statutory Interpretation – In the Classroom and in the Court, l U. Chi. L. Rev. 800 (1983)
• The Problematics of Moral and Legal Theory, 111 Harv. Fifty. Rev. 1637 (1998)
• Pragmatism Versus Purposivism in First Amendment Analysis, 54 Stan. 50. Rev. 737 (2002)
• Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property, 4 J. Marshall Rev. Intell. Prop. L. 325 (2005)
• Foreword: A Political Courtroom (The Supreme Court, 2004 Term), 119 Harv. L. Rev. 31 (2005)

Come across besides [edit]

• American philosophy
• International Aerodrome Centers, L.L.C. five. Citrin (2006)
• List of police clerks of the Supreme Court of the United states of america (Seat 3)
• List of Jewish American jurists
• Moore 5. Madigan (2012)
• Schurz Communications, Inc. v. FCC (1992)
• U.s.a. v. Garcia (2007)

References [edit]

1. ^ Meisner, Jason (September one, 2017). "Richard Posner announces sudden retirement from federal appeals court in Chicago". Chicago Tribune . Retrieved September iv, 2017.
2. ^ ^{a b} Shapiro, Fred R. (2000). "The Well-nigh-Cited Legal Scholars". Journal of Legal Studies. 29 (1): 409–426. doi:10.1086/468080. S2CID 143676627.
3. ^ Witt, John Fabian (October 7, 2016). "The Provocative Life of Gauge Richard Posner". The New York Times. ISSN 0362-4331. Retrieved September 25, 2019.
4. ^ "The judicial philosophy of Richard Posner". The Economist. September 9, 2017. ISSN 0013-0613. Retrieved September 25, 2019.
5. ^ "Gauge Richard Posner explains why we should "burn all copies of the Bluebook"". The Washington Post.
6. ^ "Swan Song of a Great Colossus: The Latest from Richard Posner". Law & Freedom. May 13, 2019. Retrieved September 25, 2019.
7. ^ Schaper, David (September 2017). "Federal Guess Richard Posner, A Leading Legal Voice, Retiring From Bench". NPR . Retrieved September 25, 2019.
8. ^ Warren, James (July xiv, 2012). "Richard Posner Bashes Supreme Court'south Citizens United Ruling". The Daily Beast . Retrieved August 25, 2014.
9. ^ Farias, Christian. "Approximate Appointed by Ronald Reagan Strikes Down Wisconsin Abortion Law". Huffington Post . Retrieved November 26, 2015.
10. ^ ^{a b} Bell, Kyle. "Appeals Court Rules Indiana and Wisconsin Gay Wedlock Bans Unconstitutional". South Bend Vox . Retrieved September four, 2014.
11. ^ FamilySearch.org
12. ^ The Demote Burner: An interview with Richard Posner Archived May 9, 2007, at the Wayback Machine, Reprint of article from New Yorker by Larissa MacFarquhar, Dec. 10, 2001: "Posner grew upwardly in New York – first in Manhattan and then in Scarsdale. His female parent'southward relatives were Jews from Vienna who looked downward on his father'southward family unit, which was from Romania and poorer than they were. 'They were all poor,' Posner says, 'but my mothers family had toilet paper, and my father's family had newspaper.' " As shown on original sources freely available at FamilySearch.org, Posner's mother'due south family was actually from Husiatyn in the Austrian Empire (not Vienna), which is now in Ukraine.
13. ^ ^{a b c d e f g h i j k fifty m} Parloff, Roger (Jan 10, 2000). "The Negotiator: No one doubts that Richard Posner is a vivid judge and. ..." Fortune Mag . Retrieved October 17, 2008.
14. ^ "Richard Posner". C-SPAN. October 4, 2016. Retrieved October 30, 2016.
15. ^ ^{a b c d} Brinkley, Joel (Nov 20, 1999). "Microsoft Instance Gets U.S. Judge Equally a Mediator". The New York Times . Retrieved Oct 17, 2008.
16. ^ Witt, John Fabian (October vii, 2016). "The Provocative Life of Guess Richard Posner". The New York Times. ISSN 0362-4331. Retrieved June 9, 2017.
17. ^ See Richard A. Posner, An Affair of Land: The Investigation, Impeachment, and Trial of President Clinton (2000), ISBN 978-0674003910.
18. ^ "Debates on the War with Iraq". Richard Posner / George P. Fletcher debate. Columbia School of Law. November i, 2002. Retrieved September 16, 2016.
19. ^ "The Becker-Posner Blog". Gary Becker and Richard Posner. Retrieved October 17, 2008.
20. ^ Mui, Sarah (May xvi, 2014). "Becker-Posner Weblog shutters after Gary Becker'south death". ABA Journal. Archived from the original on October 9, 2014. Retrieved Oct ix, 2014.
21. ^ "Richard A. Posner – Authors – The Atlantic". Correspondents.theatlantic.com. Retrieved Baronial 25, 2014.
22. ^ Boynton, Robert S. Boynton. "'Sounding Off,' a review of Richard Posner'south Public Intellectuals", The Washington Post Book World, Jan 20, 2002.
23. ^ Collins, Ronald K. L. (January nine, 2015). "The Consummate Posner on Posner Series". Concurring Opinions . Retrieved Baronial 27, 2015.
24. ^ Posner, Richard (1998). "The Problematics of Moral and Legal Theory". Harvard Law Review. 111 (7): 1637, 1642–1646. doi:10.2307/1342477. JSTOR 1342477. (clarifying his moral positions)
25. ^ Nina Totenberg, Federal Estimate Richard Posner: The GOP Has Made Me Less Bourgeois NPR, July 5, 2012
26. ^ Posner, Richard A. (June 24, 2016). "Supreme Court Breakfast Table". Slate.
27. ^ "Federal Judge: U.South. Constitution Is Outdated, Judges Should Cease Studying It". www.mediaite.com.
28. ^ Posner retirement
29. ^ Rubin, Alissa (1999-02-11) Anti-Abortion Advocates Gain Ground in Belatedly-Term Debate, Los Angeles Times
30. ^ "Planned Parenthood of Wisconsin five. Brad Schimel". Retrieved December 15, 2015.
31. ^ "Simply I do non agree that we accept a duty to (the other) animals that arises from their being the equal members of a customs composed of all those creatures in the universe that can feel pain, and that it is simply "prejudice" in a disreputable sense akin to racial prejudice or sexism that makes us "discriminate" in favor of our own species. You assume the existence of the universe-wide community of pain and demand reasons why the boundary of our concern should be drawn whatsoever more than narrowly. I start from the bottom up, with the brute fact that we, like other animals, prefer our own—our ain family, the "pack" that nosotros happen to run with (beingness a social animal), and the larger sodalities constructed on the model of the smaller ones, of which the largest for near of us is our nation. Americans accept distinctly less feeling for the pains and pleasures of foreigners than of other Americans and even less for most of the nonhuman animals that we share the earth with. Now you may respond that these are just facts about man nature; that they accept no normative significance. But they do. Suppose a dog menaced a man baby and the only way to prevent the canis familiaris from biting the babe was to inflict severe hurting on the dog—more pain, in fact, than the bite would inflict on the infant. You lot would accept to say, let the dog bite (for "if an animal feels pain, the pain matters every bit much as it does when a man feels hurting," provided the pain is as slap-up). Simply whatever normal person (and not merely the infant's parents!), including a philosopher when he is not self-consciously engaged in philosophizing, would say that it would be monstrous to spare the domestic dog, even though to do so would minimize the sum of pain in the world. I do not feel obliged to defend this reaction; information technology is a moral intuition deeper than any reason that could be given for it and impervious to any reason that you or anyone could give confronting it. Membership in the human species is not a "morally irrelevant fact," equally the race and sex of human beings has come to seem. If the moral irrelevance of humanity is what philosophy teaches, then we have to choose between philosophy and the intuition that says that membership in the homo species is morally relevant, then it is philosophy that will have to go." - Animal Rights Debate: Peter Singer vs Richard Posner" Originally Published on Slate magazine. Retrieved May 7, 2021.
32. ^ Posner, Richard (1998). "The Problematics of Moral and Legal Theory". Harvard Law Review. 111 (7): 1637–1717. doi:x.2307/1342477. JSTOR 1342477.
33. ^ ^{a b c} "Fauna Rights Debate: Peter Singer vs Richard Posner". Originally Published on Slate magazine . Retrieved May 7, 2021. {{cite spider web}}: CS1 maint: url-status (link)
34. ^ "Brute Rights" (PDF).
35. ^ Posner, Richard A. (July 29, 1986). "Good day to the Bluebook". The University of Chicago Law Review. 53 (four): 1343–1368. doi:10.2307/1599750. JSTOR 1599750.
36. ^ Somin, Ilya (2011-01-25) Richard Posner on the Bluebook, Volokh Conspiracy
37. ^ The Bluebook Blues, 120 Yale L.J. 850 (2011)
38. ^ Video on YouTube
39. ^ Judge: Give NSA unlimited access to digital information, December 4, 2014
40. ^ "Do patent and copyright constabulary restrict competition and inventiveness excessively?". Richard Posner. September xxx, 2012. Retrieved Oct 2, 2012.
41. ^ "The Hereafter of Newspapers". Richard Posner. June 23, 2009. Retrieved Apr two, 2012.
42. ^ "Judge Thinks Linking To Copyrighted Material Should Be Illegal". tech.slashdot.org.
43. ^ Schonfeld, Erick. "How To Save The Newspapers, Vol. XII: Outlaw Linking – TechCrunch".
44. ^ "The Social Toll of the Decline of Newspapers?". Gary Becker. June 23, 2009. Archived from the original on June 8, 2010. Retrieved June 17, 2010.
45. ^ Justin Silverman. "Tell United states of america, Guess Posner, Who Watches the Watchmen?". suffolkmedialaw.com.
46. ^ Johnson 5. Phelan, 69 F.3d 144, 151 (7th Cir. 1995) (Posner, J., dissenting).
47. ^ Rating Teachers – Posner
48. ^ Bell, Kyle. "Appeals Court Guess Calls Indiana's Same-Sex activity Spousal relationship Ban 'Tradition of Hate'". S Curve Vocalisation. Retrieved September 4, 2014.
49. ^ Posener, September 2, 2002, "The Best Criminal offence", The New Republic (reviewing Why Terrorism Works: Understanding the Threat, Responding to the Challenge by Alan M. Dershowitz (Yale University Printing))
50. ^ ^{a b} Lattman, Peter (October 6, 2006). "A Paean to the Opinions of the Prolific Judge Posner". The Wall Street Journal Law Blog. Retrieved October 17, 2008.
51. ^ Solow, Robert One thousand. (Apr 16, 2009). "How to Understand the Disaster". North.Y. Review of Books . Retrieved April 30, 2011.
52. ^ Brutal, David K. (November 5, 1997). "High Court Approves Retail Cost Ceilings". The Los Angeles Times . Retrieved Oct 17, 2008.
53. ^ Rosenberg, David (2007). "The Judicial Posner on Negligence versus Strict Liability: Indiana Harbor Belt Railroad Co. 5. American Cyanamid Co" (PDF). Harvard Law Review. 120: 1210. Retrieved October 23, 2017.
54. ^ Sykes, Alan O. (2007). "Strict Liability versus Negligence in Indiana Harbor" (PDF). University of Chicago Police force Review. 74: 1911. Retrieved October 23, 2017.
55. ^ Rosenberg, David (2007). "The Judicial Posner on Negligence Versus Strict Liability: Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.". Harvard Law Review. 120 (5): 1210–1222. JSTOR 40042013.
56. ^ Goldsmith, Jack L.; Sykes, Alan O. (2007). "Lex Loci Delictus and Global Economical Welfare: Spinozzi five. ITT Sheraton Corp." (PDF). Harvard Law Review. 120: 1137. Retrieved October 23, 2017.
57. ^ Shavell, Steven (2007). "On the Proper Magnitude of Punitive Damages: Mathias 5. Accor Economic system Lodging, Inc." (PDF). Harvard Law Review. 120: 1223. Retrieved October 23, 2017.
58. ^ Shugerman, Jed Handelsman (2007). "Affirmative Duties and Judges' Duties: United States v. Stockberger" (PDF). Harvard Police force Review. 120: 1228. Retrieved October 23, 2017.
59. ^ Brewer, Scott (2007). "Satisfaction and Posner's Morin Stance: Aliquando Bonus Dormitat Posnerus?" (PDF). Harvard Law Review. 120: 1123. Retrieved October 23, 2017.
60. ^ Ramseyer, J. Mark (2007). "Not-and so-Ordinary Judges in Ordinary Courts: Teaching Jordan v. Duff & Phelps, Inc." (PDF). Harvard Law Review. 120: 1199. Retrieved October 23, 2017.
61. ^ Henderson, Yard. Todd (2007). "Deconstructing Duff and Phelps" (PDF). University of Chicago Police force Review. 74: 1739. Retrieved October 23, 2017.
62. ^ Suramanian, Guhan (2007). "The Emerging Problem of Embedded Defenses: Lessons from Air Line Pilots Ass'due north, International five. UAL Corp." (PDF). Harvard Law Review. 120: 1239. Retrieved Oct 23, 2017.
63. ^ Rakoff, Todd D. (2007). "Good Organized religion in Contract Performance: Market Associates Ltd. Partnership v. Frey" (PDF). Harvard Police force Review. 120: 1187. Retrieved October 23, 2017.
64. ^ Vermeule, Adrian (2007). "Posner on Security and Freedom: Alliance to End Repression five. City of Chicago" (PDF). Harvard Law Review. 120: 1263. Retrieved October 23, 2017.
65. ^ Manning, John F. (2007). "Statutory Pragmatism and Constitutional Structure" (PDF). Harvard Constabulary Review. 120: 1161. Retrieved October 23, 2017.
66. ^ Strauss, David A. (2007). "The Anti-Formalist" (PDF). University of Chicago Law Review. 74: 1885. Retrieved Oct 23, 2017.
67. ^ Minow, Martha (2007). "Religion and the Burdon of Proof: Posner's Economics and Pragmatism in Metzl v. Leininger" (PDF). Harvard Police force Review. 120: 1175. Retrieved October 23, 2017.
68. ^ Wilkins, David B. (2007). "Partner, Shmartner! EEOC v. Sidley Austin Brown & Wood" (PDF). Harvard Law Review. 120: 1264. Retrieved October 23, 2017.
69. ^ Levinson, Daryl J. (2007). "Aimster and Optimal Targeting" (PDF). Harvard Law Review. 120: 1148. Retrieved October 23, 2017.
70. ^ "Who Are the Acme 20 Legal Thinkers in America?". Legal Affairs. Retrieved May 1, 2007.
71. ^ Kagan, Elena (2007). "Richard Posner, the Judge" (PDF). Harvard Constabulary Review. 120: 1121. Retrieved October 23, 2017.
72. ^ Lattman, Peter (Jan 17, 2008). "The Inimitable Estimate Posner Strikes Again". The Wall Street Journal Law Weblog. Retrieved October 17, 2008.
73. ^ "Project Posner". Lawrence Lessig. Oct 18, 2006. Retrieved Oct 17, 2008.
74. ^ Charney, Noah (Nov vii, 2013). "How I Write: Richard Posner". The Daily Beast . Retrieved November xiii, 2013.
75. ^ MacFarquhar, Larissa (January 10, 2001). "The Bench Burner". The New Yorker.
76. ^ Janssen, Kim (March 15, 2017). "True cat-loving estimate makes case that has nothing to do with cats all about cats". Chicago Tribune.
77. ^ Greene, Jenna (March 29, 2022). "Afterward Posner retired from 7th Circuit, a grim diagnosis and a brewing battle". Reuters.
78. ^ Posner, Richard (1978). Antitrust Law: An Economical Perspective . ISBN0226675580.

Further reading [edit]

• Domnarski, William (2016). Richard Posner. Oxford University Press. ISBN9780199332311.
• Steelman, Aaron (2008). "Posner, Richard A. (1939-)". In Hamowy, Ronald (ed.). Posner, Richard A. (1939– ). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp. 385–86. doi:10.4135/9781412965811.n237. ISBN978-1-4129-6580-four. LCCN 2008009151. OCLC 750831024.

External links [edit]

• Richard Allen Posner at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• "Curriculum Vitae of Guess Richard A. Posner" (comprehensive list to Oct fourteen, 2014, of Posner'southward scholarly, journalistic, and judicial writing, and testimony)
• Project Posner
• Richard A. Posner at the Academy of Chicago Law School
• Richard A. Posner at the University of Chicago
• The Becker-Posner Blog
• Posner's weblog at The Atlantic
• Profile and Papers at Enquiry Papers in Economics/RePEc
• Works past or about Richard Posner in libraries (WorldCat catalog)
• Richard Posner at IMDb
• Appearances on C-Bridge
• Richard Posner collected news and commentary at The New York Times
• Richard A. Posner at the complete review
• "The Bench Burner", interview/commodity in The New Yorker, Dec. 10, 2001
• Lawrence A. Cunningham, Cardozo and Posner: A Written report in Contracts, 36 William & Mary Law Review 1379 (1995)
• Roberts, Russ (November 16, 2009). "Posner on the Fiscal Crisis". EconTalk. Library of Economics and Liberty.
• Buzzfeed article on Posner'due south decision in Baskin 5. Bogan
• Preliminary Description for the Richard A. Posner 1949–2018 at the University of Chicago Research Heart

Legal offices
Preceded by Philip Willis Tone	Judge of the United States Court of Appeals for the Seventh Circuit 1981–2017	Succeeded by Michael Y. Scudder
Preceded past William J. Bauer	Principal Judge of the United States Court of Appeals for the Seventh Circuit 1993–2000	Succeeded by Joel Flaum

Source: https://en.wikipedia.org/wiki/Richard_Posner

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