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86.5
Criminal Law in a Civil Guise: The Evolution of Family Courts and Support Laws
Elizabeth D. Katz
Associate Professor of Law, Washington University in St. Louis.

Support from the Stanford Center for Law and History and especially faculty director Amalia Kessler was invaluable as I completed this Article. For helpful comments and conversations, I thank Gregory Ablavsky, Kerry Abrams, Monique Abrishami, Susan Appleton, Ralph Richard Banks, Tomiko Brown-Nagin, Katie Cole, Beth Colgan, Nancy F. Cott, Samuel Ennis, George Fisher, Barbara Fried, Lawrence Friedman, Robert W. Gordon, Howard Kaufman, Zachary D. Kaufman, Adriaan Lanni, Jessica Lowe, Kenneth W. Mack, Bernadette Meyler, Melissa Murray, Kelly Phipps, Eli Russell, Christopher Schmidt, Sarah Seo, David Sklansky, Ji Seon Song, Norman Spaulding, Emily Stolzenberg, Mark Storslee, Charles Tyler, Lael Weinberger, Robert Weisberg, John Wertheimer, and participants in the Stanford Law School Fellows Workshop, the Stanford Legal Studies Workshop, and the Family Law Scholars and Teachers Conference. Librarians at Harvard University and Stanford Law School and archivists at the Columbia University Rare Book & Manuscript Library provided excellent assistance. Research for this Article was generously supported by the American Historical Association’s Albert J. Beveridge Grant; the American Society for Legal History’s William Nelson Cromwell Foundation Fellowship; Harvard’s Center for American Political Studies Dissertation Fellowship and Seed Grant; and Harvard Kennedy School of Government’s History and Public Policy Initiative in the Ash Center for Democratic Governance.

In the 2011 case of Turner v Rogers, the United States Supreme Court held that a father jailed for a year by a family court judge for nonpayment of child support was not entitled to a public defender.

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86 Special
On Posner on Copyright
Tim Wu
Julius Silver Professor of Law, Science, and Technology at Columbia Law School.

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.

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86 Special
Judge Posner’s Reconstruction of Property Theory
Rachel E. Sachs
Associate Professor of Law, Washington University in St. Louis.

For their extremely thoughtful comments, I would like to thank Saul Levmore, Jonathan Masur, and Lior Strahilevitz. For her excellent research assistance, I would like to thank Jiyeon Kim.

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.

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86 Special
Dismissing Decisional Independence Suits
Jennifer Nou
Professor, The University of Chicago Law School.

Many thanks to Saul Levmore for helpful comments. Benjamin Kloss provided excellent research assistance.

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.

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86 Special
Posner’s Unlikely Patent Intervention
Jonathan S. Masur
John P. Wilson Professor of Law and David and Celia Hilliard Research Scholar, The University of Chicago Law School.

I thank Saul Levmore for helpful comments; Ashley Kang and Savannah West for excellent research assistance; and the David and Celia Hilliard Fund and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law & Economics for support.

At first glance, patent law might seem the least likely place to look for Judge Richard Posner’s impact on the law.

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86 Special
Posner on Tax: The Independent Investor Test
Yair Listokin
Shibley Family Fund Professor of Law, Yale Law School.

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.”

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86 Special
Richard Posner, the Decline of the Common Law, and the Negligence Principle
Saul Levmore
William B. Graham Distinguished Service Professor, The University of Chicago Law School.

I am grateful to Lee Fennell, Daniel Hemel, Ariel Porat, and Claire Horrell for rewarding conversations and suggestions.

Richard Posner was certainly the most able judge in the history of tort law and in the development and deployment of law and economics.

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86 Special
Posner and Class Actions
Daniel Klerman
Edward G. Lewis Professor of Law and History, USC Gould School of Law. dklerman@law.usc.edu.

The author thanks Saul Levmore for helpful comments; Haley Tuchman and P.J. Novack for excellent research assistance; Paul Moorman for outstanding library reference support; and Robert Klonoff, John Coffee, and Brian Dean Morales for sharing video of the important “Posner on Class Actions” conference that Columbia Law School hosted on March 2, 2018.

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.

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86 Special
Judges and Judgment: In Praise of Instigators
Kathryn Judge
Professor of Law, Columbia Law School; Research Member, European Corporate Governance Institute.

The author would like to thank John Coates, John Morley, and Quinn Curtis for helpful comments; Christian Ronald for excellent research assistance; and Lawrence Lessig and Jesse Eisinger for inspiration. Mistakes are mine alone.

This Essay is about mutual funds.

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86 Special
Posner on Vertical Restraints
C. Scott Hemphill
Professor of Law, New York University School of Law.

I thank Harry First, Eleanor Fox, Bert Huang, Jon Jacobson, Saul Levmore, and Tim Wu for helpful comments. Alex Gelb, Tim Keegan, Alison Perry, and Phantila Phataraprasit provided outstanding research assistance.

This Essay considers the influence of Richard Posner’s judicial opinions about antitrust law.

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86 Special
Unlikely Resurrection: Richard Posner, Promissory Estoppel, and The Death of Contract
Douglas G. Baird
Harry A. Bigelow Distinguished Service Professor, The University of Chicago Law School

I thank Saul Levmore for his thoughtful comments. The Frank Greenberg Fund provided generous research support for this Essay.

Many of Richard Posner’s opinions boldly confront great questions. But equally important are those that, in the aggregate, illuminate discrete areas of the law and make them easier to understand.