Richard Allen Posner
Judge on United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  1981
Nominated by	Ronald Reagan
Preceded by	Philip Willis Tone
Chief Judge on Seventh Circuit
In office 1993 – 2000
Nominated by	(Automatic succession)
Preceded by	William Joseph Bauer
Succeeded by	Joel Martin Flaum
Born	January 11, 1939 (1939-01-11) (age 69) New York, NY
Spouse	Charlene

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. The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts Events 1055 - Theodora is crowned Empress of the Byzantine Empire. Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. The City of New York Events 1055 - Theodora is crowned Empress of the Byzantine Empire. Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. The City of New York The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts He is one of the most influential living legal theorists^[1] and a major voice in the law and economics movement, which he helped start while a professor at the University of Chicago Law School. Law and Economics, or economic analysis of law is an approach to Legal theory that applies methods of Economics to law The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year has established itself as a high profile part of the University of He currently serves as a lecturer at the Law School.

Posner is the author of nearly 40 books on jurisprudence, legal philosophy, and several other topics, including The Problems of Jurisprudence; Sex and Reason; Overcoming Law; Law, Pragmatism and Democracy; and The Problematics of Moral and Legal Theory. Overcoming Law is a 1995 book by American judge and law professor Richard Posner, collecting various essays and including some original material

Contents 1 Biography 2 Legal positions 3 Major publications 3.1 Selected Books 3.2 Articles 4 See also 5 References 6 External links

Biography

Posner graduated from Yale College (A. Yale College was the official name of Yale University from 1718 to 1887 B. , 1959, summa cum laude), majoring in English, and from Harvard Law School (LL. Latin honors are Latin phrases used to indicate the level of academic distinction with which an Academic degree was earned English studies is an academic discipline that includes the study of Literatures written in the English language (including literatures from the U Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. B, 1962, magna cum laude), where he was first in his class and president of the Harvard Law Review. Latin honors are Latin phrases used to indicate the level of academic distinction with which an Academic degree was earned The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School. After clerking for Justice William J. Brennan of the United States Supreme Court during the 1962-63 term, he worked for the Antitrust division of the U.S. Department of Justice. A law clerk or a judicial clerk is a person who provides assistance to a Judge in researching issues before the Court and in writing opinions William Joseph Brennan Jr ( April 25, 1906 &ndash July 24, 1997) was an Associate Justice of the Supreme Court of the The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department In 1969, he joined the faculty of the University of Chicago Law School, where he remains a senior lecturer and where his son Eric Posner is Professor. The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year has established itself as a high profile part of the University of Eric A Posner (born 1965 is a law professor at the University of Chicago Law School. He was a founding editor of the Journal of Legal Studies in 1972. President Ronald Reagan appointed Posner to the Seventh Circuit in 1981. The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts He served as Chief Judge of that court from 1993 to 2000. Chief Judge is a title that can refer to the highest-ranking Judge of a Court that has more than one judge

Posner is an unusual combination of a pragmatist in philosophy, a classical liberal in politics, and an economist in legal methodology. Pragmatism generally considered to have originated in the late nineteenth century with Charles Peirce, who first stated the Pragmatic maxim. Philosophy is the study of general problems concerning matters such as existence knowledge truth beauty justice validity mind and language Classical liberalism (also known as traditional liberalism, Laissez-faire liberalism, Market liberalism or in much of the world Politics Politics is the process by which groups of people make decisions An economist is an expert in the Social science of Economics. A 2004 poll by Legal Affairs magazine named Posner as one of the top twenty legal thinkers in the U. S. ^[1] A prolific author of articles and books on a wide range of topics including the 2000 presidential election recount controversy, President Bill Clinton's scandalous affair with Monica Lewinsky and his resulting impeachment procedure, and the 2003 invasion of Iraq. The United States presidential election of 2000 was a contest between Democratic candidate Al Gore, then Vice President, and Republican William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Monica Samille Lewinsky (born July 23, 1973) is an American woman with whom then- United States President Bill Clinton admitted to The 2003 invasion of Iraq, from March 20 to May 1 2003 was spearheaded by the United States, backed by British forces and smaller contingents from Australia His analysis of the Lewinsky scandal cut across most party and ideological divisions. Posner's greatest influence is through his writings on law and economics—The New York Times called him "one of the most important antitrust scholars of the past half-century. " In December 2004, Posner started a joint blog with Nobel Prize-winning economist Gary Becker. A blog (a contraction of the term " Web log " is a Web site, usually maintained by an individual with regular entries of commentary descriptions of The Nobel Prize (Nobelpriset (Nobelprisen is a Swedish prize established in the 1895 will of Swedish chemist Alfred Nobel; it was first awarded in Peace, Literature Gary Stanley Becker (born December 2, 1930) is an American Economist and a Nobel laureate.

Posner was mentioned in 2005 as a potential nominee to replace Sandra Day O'Connor because of his prominence as a scholar and an appellate judge. Speculation abounded over potential nominations to the Supreme Court of the United States by George W Sandra Day O'Connor (born March 26, 1930) is an American Jurist. Robert S. Boynton has written in The Washington Post that Posner will never sit on the Supreme Court because, despite his "obvious brilliance," he has taken a number of positions seen as "outrageous" such as his:

• Contention in a 1999 Raritan article that the rule of law is an accidental and dispensable element of legal ideology;
• Argument that buying and selling babies on the free market would lead to better outcomes than the present situation, government-regulated adoption; ^[2]
• Support for the legalization of marijuana and LSD. Raritan Quarterly Review is a well-regarded literary journal that publishes poetry fiction and essays The rule of law, in its most basic form is the principle that no one is above the law A free market is a Market in which property rights are voluntarily exchanged at a price arranged completely by the mutual consent of sellers and buyers Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born Cannabis, also known as marijuana or marihuana, or ganja (from Hindi / Sanskrit: गांजा gānjā hemp) is a ^[3]

In 2007 his review of Israeli Supreme Court Chief Justice Aharon Barak's book, The Judge in a Democracy caused quite a stir in Israel, renewing debate about judicial activism. Aharon Barak (אהרֹן ברק birth name Arik Brick, born September 16, 1936) is a professor of law at the Interdisciplinary Center Herzliya and a lecturer Judicial activism is a pejorative term for the misuse of judicial power and is a neologism for the older classical term " board judicial review.

Legal positions

Posner's political and moral views are hard to summarize. The Federal Trade Commission ( FTC) is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act His parents were affiliated with the American Communist party, and in his youth and in the 1960s as law clerk to William J. The Communist Party of the United States of America ( CPUSA) is a Marxist-Leninist Political party in the United States. Brennan he was generally counted as a liberal. However, in reaction to some of the perceived excesses of the late 1960s, Posner developed a strongly conservative bent. Today, although generally considered a man of the right, Posner's pragmatism, his qualified moral relativism and moral skepticism,^[4] and his affection for the thought of Friedrich Nietzsche set him apart from most American conservatives. In Politics, right-wing, the political right, and the Right are positions that uphold traditional values and/or authorities Pragmatism generally considered to have originated in the late nineteenth century with Charles Peirce, who first stated the Pragmatic maxim. This article attempts to confine itself to discussion of relativism in morals and ethics " Moral skepticism " denotes a class of metaethical theories all members of which entail that no one has any moral knowledge Friedrich Wilhelm Nietzsche (October 15 1844 August 25 1900 ( was a nineteenth-century German philosopher and classical philologist Among his other influences are the American jurists Oliver Wendell Holmes, Jr. and Learned Hand. Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme Billings Learned Hand (January 27 1872 – August 18 1961

Privacy

He famously opposed the right of privacy in 1981, arguing that the kinds of interests protected under privacy are not distinctive. He contended that privacy is protected in ways that are economically inefficient.

Abortion

He has written several opinions sympathetic to abortion rights, including a decision holding "partial-birth abortion" constitutionally protected in some circumstances. Intact dilation and extraction ( IDX or intact D&X) also known as intact dilation and evacuation ( intact D&E) dilation and extraction

Breach of contract

He has written favorably of efficient breach of contracts. Efficient breach refers to an intentional Breach of contract and payment of damages by a party who would incur greater economic loss by performing under the contract Breach often leads to a worse result for society: if a seller breaches a contract to deliver building materials, the buyer's workers might go idle while the buyer looks for a replacement. Breach of contract is a Legal concept in which a Binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance Cover is a term used in the Law of Contracts to describe a remedy available to a Merchant buyer who has received an Anticipatory repudiation The lost production is a cost to the company and its workers and, as such, is a social cost. An efficient breach would be a situation in which the benefits are higher than the costs, because the seller is better off for breaching even after paying damages to the buyer (for instance, if some third party had a much greater need for the building materials, and was willing to pay a higher price for them). In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful

Drugs

He has characterized the U. S. 's "War on Drugs" as "quixotic. The War on Drugs is a prohibition campaign undertaken by the United States government with the assistance of participating countries intended to reduce the Illegal " 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 compared to other substances. Cannabis, also known as marijuana or marihuana, or ganja (from Hindi / Sanskrit: गांजा gānjā hemp) is a

Animal rights

Posner engaged in a debate on the ethics of using animals in research with the philosopher Peter Singer in 2001 at Slate magazine. Animal testing or animal research is the use of non-human Animals in scientific experimentation. Peter Albert David Singer (born July 6, 1946 in Melbourne, Victoria, Australia) is an Australian philosopher. He argues that animal rights conflicts with the moral relevance of humanity, and that empathy for pain and suffering of animals does not supersede advancing society. ^[5] He further argues that he trusts his moral intuition until it is shown to be wrong, and that his moral intuition says "it is wrong to give as much weight to a dog's pain as to an infant's pain. " He leaves open the possibility that facts on animal and human cognition can and may change his intuition in the future; he further states that people whose opinions were changed by consideration of the ethics presented in Singer's book Animal 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 pig than in a profoundly retarded child, that commands inflicting a lesser pain on a human being to avert a greater pain to a dog, and that, provided only that a chimpanzee has 1 percent of the mental ability of a normal human being, would require the sacrifice of the human being to save 101 chimpanzees. Animal Liberation is a book by Australian philosopher Peter Singer, published in 1975 "^[5]

Torture

When reviewing Alan Dershowitz's book, "Why Terrorism Works: Understanding the Threat, Responding to the Challenge", Posner wrote in The New Republic, September 2002 that "If torture is the only means of obtaining the information necessary to prevent the detonation of a nuclear bomb in Times Square, torture should be used—and will be used—to obtain the information. Alan Morton Dershowitz (born September 1, 1938) is an American Lawyer, Jurist, and political commentator. The New Republic ( TNR) is an American Magazine of politics and the arts The ticking time bomb scenario is a Thought experiment that has been used in the Ethics debate over whether Torture can ever be justified . . . no one who doubts that this is the case should be in a position of responsibility. "^[6][7]

Major publications

The following is a selection of Posner's writings.

Selected Books

• 2008. How Judges Think, ISBN 978-0-674-02820-3
• 2007. Countering Terrorism: Blurred Focus, Halting Steps, ISBN 978-0-742-55883-0
• 2007. Economic Analysis of Law, 7th ed. , ISBN 978-0-735-56354-4
• 2007. The Little Book of Plagiarism, ISBN 978-0-375-42475-5
• 2006. Not a Suicide Pact: The Constitution in a Time of National Emergency, ISBN 978-0-19-530427-5
• 2006. Uncertain Shield: The U. S. Intelligence System in the Throes of Reform, ISBN 978-0-742-55127-5
• 2005. Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11, ISBN 978-0-742-54947-0
• 2004. Catastrophe: Risk and Response, ISBN 978-0-19-530647-7
• 2003. Public Intellectuals: A Study of Decline, ISBN 978-0-674-00633-1
• 2003. Law, Pragmatism and Democracy, ISBN 978-0-674-01081-9
• 2001. Breaking the Deadlock: The 2000 Presidential Election and the Courts, ISBN 978-0-691-09073-3
• 2001. Antitrust Law, 2nd ed. , ISBN 978-0-226-67576-3
• 2001. Frontiers of Legal Theory, ISBN 978-0-674-01360-5
• 1999. The Problematics of Moral and Legal Theory, ISBN 978-0-674-00799-4
• 1998. Law and Literature (revised and enlarged ed. The law and literature movement focuses on the Interdisciplinary connection between Law and Literature. ), ISBN 978-0-674-51471-3
• 1996. Law and Legal Theory in England and America, ISBN 978-0-19-826471-2
• 1996. The Federal Courts: Challenge and Reform (2d ed. ), ISBN 978-0-674-29627-5
• 1995. Aging and Old Age, ISBN 978-0-226-67568-8
• 1995. Overcoming Law, ISBN 978-0-674-64926-2
• 1992. Overcoming Law is a 1995 book by American judge and law professor Richard Posner, collecting various essays and including some original material Sex and Reason, ISBN 978-0-674-80280-3
• 1990. Cardozo: A Study in Reputation, ISBN 978-0-226-67556-5
• 1990. The Problems of Jurisprudence, ISBN 978-0-674-70876-1
• 1988. Law and Literature: A Misunderstood Relation, ISBN 978-0-674-51468-3
• 1981. The Economics of Justice, ISBN 978-0-674-23526-7

Articles

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

See also

• List of law clerks of the Supreme Court of the United States
• George W. Bush Supreme Court candidates

References

1. ^ ^{a b} Who Are the Top 20 Legal Thinkers in America?. Law clerks have assisted Supreme Court Justices in various capacities since the first one was hired by Justice Horace Gray in the 1880s Speculation abounded over potential nominations to the Supreme Court of the United States by George W Legal Affairs. Retrieved on 2007-05-01. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 305 - Diocletian and Maximian retire from the office of Roman Emperor.
2. ^ Richard A. Posner, The Regulation of the Market in Adoptions, 67 B. U. L. Rev. 59 (1987); Elisabeth M. Landes & Richard A. Posner, The Economics of the Baby Shortage, 7 J. Legal Stud. 323 (1978).
3. ^ Boynton, Robert S. Boynton. "'Sounding Off,' a review of Richard Posner's Public Intellectuals", The Washington Post Book World, January 20, 2002.
4. ^ Richard Posner, The Problematics of Moral and Legal Theory, 111 HARV. L. REV. 1637, 1642-46 (1998) (clarifying his moral positions)
5. ^ ^{a b} Posner-Singer debate at Slate
6. ^ Michael Slackman What's Wrong With Torturing a Qaeda Higher-Up?, New York Times 16 May 2004
7. ^ Philip Hensher Hollywood is helping us learn to love torture, The Independent, 26 June 2007

External links

• Larissa MacFarquhar, "The Bench Burner", The New Yorker, Dec. Events 1204 - Baldwin IX Count of Flanders is crowned as the first Emperor of the Latin Empire. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The Independent is a British compact Newspaper published by Tony O'Reilly 's Independent News & Media. Events 363 - Roman Emperor Julian is killed during the retreat from the Sassanid Empire. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. 10, 2001, pg. 78
• Complete-Review.com's entry on Richard A. Posner
• Complete-Review.com's "Reactions to Richard Posner's Public Intellectuals"
• The Becker-Posner Blog
• Posner's biography
• Posner's Site
• Project Posner
• Lawrence A. Cunningham, Cardozo and Posner: A Study in Contracts, 36 William & Mary Law Review 1379 (1995)
• Soziale Innovation, Eine Serie in brand eins Folge 8: Wohlstandsmaximierung Article in the German economy magazine brand eins 8/2006
• Boldtype.com interview with Richard Posner on his new book, Little Book of Plagiarism
• "Secret trials for terrorists, says US judge", The Australian, June 29, 2007.
• Audio interview with Posner at National Review Online

---

© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic