Richard Allen Posner

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Posner, Richard Allen

(pōz`nər), 1939–, American jurist and author, b. New York City, grad. Yale (A.B., 1959), Harvard Law School (LL.B., 1962). He clerked for Supreme Court Justice William BrennanBrennan, William Joseph, Jr.,
1906–97, associate justice of the U.S. Supreme Court (1956–90), b. Newark, N.J. After receiving his law degree from Harvard, he practiced law in Newark.
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 and was an assistant at the Federal Trade Commission (1963–65) and to the solicitor general (1966–68) before becoming an associate professor (1968) at Stanford Law School and a professor (1969) at the Univ. of Chicago Law School. Remaining at Chicago as a senior lecturer, he was appointed (1981) to the U.S. Seventh Circuit Court of Appeals and served (1993–2000) as its chief judge; he retired from the court in 2017. Unconventional, influential, and pragmatically conservative as a judicial activist and a legal theorist, Posner is especially known for his advocacy of an economic approach to law, which he pioneered in the 1970s.

One of the most important, productive, and controversial figures in American jurisprudence, Posner has written over 500 articles, more than 50 books on a wide range of subjects, and almost 3,000 majority opinions for his court. His books include Economic Analysis of Law (1972; 9th ed. 2014), Antitrust Law (1976), Law and Literature (1988), Problems of Jurisprudence (1990), Sex and Reason (1992), The Federal Courts (1996), Catastrophe: Risk and Response (2004), Preventing Surprise Attacks (2005), Not a Suicide Pact: The Constitution in a Time of National Emergency (2006), and Divergent Paths: The Academy and the Judiciary (2016). In a repudiation of some of his former opinions, A Failure of Capitalism: The Crisis of '08 and the Descent into Depression (2009) proposed that overreliance on deregulation and reckless monetary policies contributed significantly to the crisis, and faulted conservative economists for blindness to the subprime lending problem. The Crisis of Capitalist Democracy (2010) also looks critically at the same crisis, taking a longer view of the system and of issues of economic collapse and gradual recovery. Reflections on Judging (2013) analyzes judicial changes since he became a judge (1981), and calls for a renewed consideration of context and a commitment to legal realism.


See biography by W. Domnarski (2016).

References in periodicals archive ?
Posner Publisher:Cambridge: Harvard University Press, 1999 276 pp., $24.95 Judge Richard Posner, distinguished jurist, academic, and legal philosopher, has written an extended essay on Bill Clinton's impeachment saga.
The appearance of a book documenting the impeachment so quickly after the close of proceeding might suggest a hasty, lurid, journalistic account, but Richard Posner is no tabloid journalist and An Affair of State is a thoughtful, scholarly and authoritative account of the impeachment process and its associated issues.
Chicago Federal Appeals Court Judge Mr Richard Posner said that since accepting the task, he had tried to find a common ground that might enable the two sides to settle their differences.
Presumably this is because the federally authorized mediator, Judge Richard Posner has given Judge Jackson at least some basis for believing that the potential for a settlement exists among the parties.
Commons and the Wisconsin School; Gregory Dow presents the "new" institutional economics of Oliver Williamson and the "efficiency-wage" theorists; and Stewart Schwab introduces the neoclassical "law and economics" most closely associated with Richard Posner. While each approach can be used to defend at least some labor-market regulation, only Commons's view - which has never been clearly articulated and has been losing academic influence since the early New Deal years - is skeptical of competitive markets and oriented to problem-solving.
That reason, which relates to the controversy over "hedonic damages," is worth explaining because it provides insight into the approach that Richard Posner takes to practically all topics.
The reputation of Richard Posner among law professors of the Left, its measure being taken from published and casual comments, might not be any blacker if he boiled babies in their own blood and ate them.(1) Actually, he has suggested only that babies be bought and sold on the free market, as a more efficient alternative to government-regulated adoption (Landes and Posner 1978, 323).
Nussbaum invokes Richard Posner, who in his 1981 book The Economics of Justice announced that he would assume "'that people are rational maximizers of satisfactions'" (54).
In January, Chief Judge Richard Posner and eight other judges from the 7th U.S.
In this ambitious book, Judge Richard Posner presents an economic theory of sexuality that attempts to explain both the practice of sex and its regulation.
For his 1989 Cooley Lectures at Michigan, Judge Richard Posner attempted to reassess Cardozo's reputation, particularly in light of the widely disparate opinions that have been' offered.
Prosecutor Richard Posner said Ms Shipway, a single mum who had only recently moved into Springfield, Hardwicke and on October 19 she and her children were all in bed when Sharp broke in.