Aging and Old Age


Author: Richard A. Posner
Publisher: University of Chicago Press
ISBN: 9780226675688
Category: Family & Relationships
Page: 375
View: 7307

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Observing that people change both physically and cognitively as they age, Posner suggests that each of us has, in succession, two separate selves - younger and older - with different abilities, interests, and behaviors, an insight that helps clarify a number of issues concerning the elderly.

How Judges Think


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674048067
Category: Law
Page: 387
View: 9992

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A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Public Intellectuals


Author: Richard A. POSNER
Publisher: Harvard University Press
ISBN: 0674042271
Category: Current Events
Page: 456
View: 7933

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In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues of political or ideological moment--Richard Posner charts the decline of a venerable institution that included worthies from Socrates to John Dewey. Leveling a balanced attack on liberal and conservative pundits alike, he describes the styles and genres, constraints and incentives, of the activity of public intellectuals and offers modest proposals for improving the quality of public discussion in America today. This paperback edition contains a new preface and and a new epilogue.

Divergent Paths

The Academy and the Judiciary
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674286030
Category: Law
Page: 414
View: 2613

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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Reflections on Judging


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Category: Law
Page: 392
View: 920

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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Law, Pragmatism, and Democracy


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category: Law
Page: 416
View: 7260

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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

The Nature of the Judicial Process


Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN: N.A
Category: Judges
Page: 180
View: 6286

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Not a Suicide Pact

The Constitution in a Time of National Emergency
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Category: Political Science
Page: 171
View: 9047

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A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.

Justice for Pro Se's


Author: Richard A. Posner,Circuit Judge U S Court of Appeals for the Seventh Circuit and Senior Lecturer Richard A Posner
Publisher: Createspace Independent Publishing Platform
ISBN: 9781985724433
Category: Legal aid
Page: 186
View: 2366

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A summary of the author's charitable organization, Justice for Pro Se's, "which provides legal assistance and guidance to pro se's, i.e., litigants who either can't afford to hire lawyers or want to represent themselves in any legal disputes that they became involved in."--Publisher.

Economic Analysis of Law


Author: Richard A. Posner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845538
Category: Law
Page: 1056
View: 3786

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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Ill-Gotten Gains

Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law
Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 9780226425931
Category: Law
Page: 293
View: 4225

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In Ill-Gotten Gains, Leo Katz describes the underlying principles that not only guide the law but also moral decisions. Mixing wit with insight, anecdotes with analysis, Katz uncovers what is really at stake in crimes such as insider trading, blackmail, and plagiarism. With its startling conclusions and myriad twists, this book will fascinate all those intrigued by the perplexing relationship between morality and law. "An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic "A good, well-written book full of interesting examples."—Library Journal "[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker

Sex and Reason


Author: Richard A. POSNER
Publisher: Harvard University Press
ISBN: 0674042255
Category: Law
Page: 468
View: 594

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Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner's rational choice theory surprises, explains, predicts, and totally absorbs. Table of Contents: Introduction Part One: The History of Sexuality 1. Theoretical Sexology The Development of the Field Social Constructionism (with a Glance at Gender Disorders) Other Threads in the Multidisciplinary Tapestry 2. Autres Temps, Autres Moeurs/foreign word The History of Western Sexual Mores The Sexual Mores of Non-Western Cultures 3. Sexuality and Law Part Two: A Theory of Sexuality 4. The Biology of Sex The Biological Basis and Character of "Normal" Sex The Biology of "Deviant" Sex Conclusion and Critique 5. Sex and Rationality The Benefits of Sex The Costs of Sex Complementarity of Sexual Practices 6. The History of Sexuality from the Perspective of Economics Greek Love and the Institutionalization of Pederasty Monasticism, Puritanism, and Christian Sex Ethics Swedish Permissiveness Three Stages in the Evolution of Sexual Morality 7. Optimal Regulation of Sexuality The Model of Morally Indifferent Sex Elaborated The Externalities of Sex Incest and Revulsion The Efficacy of Sexual Regulations Designing an Optimal Punishment Scheme for Sex Crimes The Political Economy of Sexual Regulation 8. Moral Theories of Sexuality Are Moral Theories Falsifiable? Christian and Liberal Theories of Sex Sexual Radicals Part Three: The Regulation of Sexuality 9. Marriage and the Channeling of Sex Restrictions on Marrying Regulating Nonmarital Sex 10. The Control of Pregnancy Contraception Abortion 11. Homosexuality: The Policy Questions The Phenomenon Reconsidered Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage Discrimination against Homosexuals, with Particular Reference to Military Service 12. The Sexual Revolution in the Courts From Griswold v. Connecticut to Roe v. Wade Bowers v. Hardwick and Beyond 13. Erotic Art, Pornography, and Nudity The Economy of Erotic Representation The Social Consequences of Pornography Deciding What-If Anything-to Punish 14. Coercive Sex Sexual Abuse of Adults Sexual Abuse of Children 15. Separating Reproduction from Sex Adoption Artificial Insemination and the Issue of Surrogate Motherhood Eugenics and Population Conclusion Acknowledgements Index Reviews of this book: [Posner] is one of the most distinguished and prolific legal thinkers of his generation [and this is an] extraordinary book...Like [George Bernard] Shaw, he combines a passion for exposing humbug and pseudo-profundity with an odd but genuine sort of social compassion, a delight in shocking the self-righteous with a love of human diversity and freedom...We will remember, and profit by, the wit and the courage of his attacks on bigotry, folly, and cruelty. --Martha C. Nussbaum, New Republic Reviews of this book: An incisive tour through theories of sexuality and legal regulation of such matters as marriage, pregnancy, homosexuality, sexual revolution in the courts, erotic art, pornography and nudity, sexual abuse, and the separation of reproduction from sex...At a time when intellectual shoddiness permeates our highest court, [Posner] is a true philosopher of law. --Carlin Romano, Washington Post Book World

Methods of Interpretation

How the Supreme Court Reads the Constitution
Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press on Demand
ISBN: N.A
Category: Law
Page: 566
View: 5825

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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

The Problems of Jurisprudence


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674708761
Category: Law
Page: 485
View: 7110

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In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

The Behavior of Federal Judges


Author: Lee Epstein,William M Landes,Richard A Posner
Publisher: Harvard University Press
ISBN: 0674070682
Category: Law
Page: 440
View: 6366

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Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Super Narwhal and Jelly Jolt


Author: Ben Clanton
Publisher: Tundra Books (NY)
ISBN: 1101919191
Category: JUVENILE FICTION
Page: 64
View: 8631

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Join Super Narwhal and sidekick Jelly Jolt as they take on three SUPER new stories in this early graphic novel series. Happy-go-lucky Narwhal and no-nonsense Jelly find their inner superheroes in three new under-the-sea adventures. In the first story, Narwhal reveals his superhero alter-ego and enlists Jelly to help him figure out what his superpower is. Next, Narwhal uses his superpower to help a friend find his way back home. In the third story, Jelly is feeling blue and Narwhal comes to the rescue.

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law
Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 069115533X
Category: Law
Page: 339
View: 4052

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"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

Richard Posner


Author: William Domnarski
Publisher: Oxford University Press
ISBN: 0199332339
Category: Political Science
Page: 336
View: 2300

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Judge Richard Posner is one of the great legal minds of our age, on par with such generation-defining judges as Holmes, Hand, and Friendly. A judge on the U.S. Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement, he writes provocative books as a public intellectual, receives frequent media attention, and has been at the center of some very high-profile legal spats. He is also a member of an increasingly rare breed-judges who write their own opinions rather than delegating the work to clerks-and therefore we have unusually direct access to the workings of his mind and judicial philosophy. Now, for the first time, this fascinating figure receives a full-length biographical treatment. In Richard Posner, William Domnarski examines the life experience, personality, academic career, jurisprudence, and professional relationships of his subject with depth and clarity. Domnarski has had access to Posner himself and to Posner's extensive archive at the University of Chicago. In addition, Domnarski was able to interview and correspond with more than two hundred people Posner has known, worked with, or gone to school with over the course of his career, from grade school to the present day. The list includes among others members of the Harvard Law Review, colleagues at the University of Chicago, former law clerks over Posner's more than thirty years on the United States Court of Appeals for the Seventh Circuit, and even other judges from that court. Richard Posner is a comprehensive and accessible account of a unique judge who, despite never having sat on the Supreme Court, has nevertheless dominated the way law is understood in contemporary America.

Why Nations Fail

The Origins of Power, Prosperity, and Poverty
Author: Daron Acemoglu,James A. Robinson
Publisher: Crown Books
ISBN: 0307719227
Category: Business & Economics
Page: 529
View: 5680

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An award-winning professor of economics at MIT and a Harvard University political scientist and economist evaluate the reasons that some nations are poor while others succeed, outlining provocative perspectives that support theories about the importance of institutions. Reprint.

God, War, and Providence

The Epic Struggle of Roger Williams and the Narragansett Indians against the Puritans of New England
Author: James A. Warren
Publisher: Simon and Schuster
ISBN: 1501180436
Category: History
Page: 304
View: 7732

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“Warren transforms what could have been merely a Pilgrim version of cowboys and Indians into a sharp study of cultural contrast… a well-researched cameo of early America.” —Roger Lowenstein, The Wall Street Journal The tragic and fascinating history of the first epic struggle between white settlers and Native Americans in the early seventeenth century: a fresh look at the aggressive expansionist Puritans in New England and the determined Narragansett Indians, who refused to back down and accept English authority over people and their land. A devout Puritan minister in seventeenth-century New England, Roger Williams was also a social critic, diplomat, theologian, and politician who fervently believed in tolerance. Yet his orthodox brethren were convinced tolerance fostered anarchy and courted God’s wrath. Banished from Massachusetts Bay Colony in 1635, Williams purchased land from the Narragansett Indians and laid the foundations for the colony of Rhode Island as a place where Indian and English cultures could flourish side by side, in peace. As the seventeenth century wore on, a steadily deepening antagonism developed between an expansionist, aggressive Puritan culture and an increasingly vulnerable, politically divided Indian population. Indian tribes that had been at the center of the New England communities found themselves shunted off to the margins of the region. By the 1660s, all the major Indian peoples in southern New England had come to accept English authority, either tacitly or explicitly. All, except one: the Narragansetts. In God, War, and Providence James A. Warren tells the remarkable and little-known story of the alliance between Roger Williams’s Rhode Island and the Narragansett Indians, and how they joined forces to retain their autonomy and their distinctive ways of life against Puritan encroachment. Deeply researched, vividly written, this account of the Narragansetts’ courageous resistance campaign, aided by Williams, serves as a telling precedent for white-Native American encounters along the North American frontier for the next 250 years.