The judiciary are different than you and me, not just because they have life tenure, but because they spend years being petitioned by real people.
The many other terrific contributions to this Symposium analyze clearly and thoughtfully the impact Judge Posner’s judicial opinions have had on a wide range of legal fields. This contribution, by contrast, begins by committing a cardinal sin: it rejects the premise of the Symposium.
Administrative adjudication is poised for avulsive change. The Supreme Court recently pronounced some administrative law judges (ALJs) constitutional officers that must be appointed by the President, a department head, or a court of law.
At first glance, patent law might seem the least likely place to look for Judge Richard Posner’s impact on the law.
Few precedents drew Judge Posner’s ire like multifactor tests. As he said in one opinion: multifactor tests leave “much to be desired—being . . . redundant, incomplete, and unclear.”
Richard Posner was certainly the most able judge in the history of tort law and in the development and deployment of law and economics.
This Essay examines Judge Richard Posner’s jurisprudence on justiciability—the subject matter jurisdiction limits on federal courts.
The hallmark of Judge Posner’s class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle.
This Essay is about mutual funds.
This Essay considers the influence of Richard Posner’s judicial opinions about antitrust law.