I am reading and hugely enjoying Richard Posner’s Reflections on Judging. The best book of its sort I have read in a very long time, at least half-way in.
His subject is legal reasoning and writing, and the book is in many ways a memoir, along with an explication of Posner’s views and expectations […]
Thinking is costly to the thinker in the sense of being difficult, time-consuming, and frustrating. People economize on thinking by using shortcuts, deferring to expert opinion (even if that requires an arbitrary choice between competing experts), or changing the subject– in the case of judges, substituting a legalistic approach that they understand for a […]
In the New Republic, Richard Posner reviews the book on interpretation recently published by Scalia and Bryan Gardner. It is a slashing takedown of Scalia’s version of originailsm. Near the conclusion:
They endorse fifty-seven “canons of construction,” or interpretive principles, and in their variety and frequent ambiguity these “canons” provide them with all the […]
You really should check out Slate magazine’s discussion of the Supreme Court term (beginning here), whose participants this year are Richard Posner, Dahlia Lithwick, and Walter Dellinger (who taught at Ole Miss law school in 1966-68). Posner on Miller v. Alabama and Dellinger’s most recent on US v. Arizona are particularly good. Posner takes […]