Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary'

20 Green Bag 2d 81 (2016)

33 Pages Posted: 28 Nov 2016  

Ross E. Davies

George Mason University - Antonin Scalia Law School, Faculty; The Green Bag

Timothy Delaune

SUNY Cortland

Swift Edgar

Wachtell, Lipton, Rosen & Katz

Jonathan Mermin

Preti, Flaherty, Beliveau & Pachios

William Baude

University of Chicago - Law School

Stephen E. Sachs

Duke University School of Law

Richard A. Posner

University of Chicago Law School; National Bureau of Economic Research (NBER)

Eric Segall

Georgia State University College of Law

Date Written: November 22, 2016

Abstract

After Richard Posner gave the Green Bag’s readers a double dose of “What Is Obviously Wrong With the Federal Judiciary,” we invited them to comment on his comments on the courts. So did he: “What I would most like to see would be criticism of the criticisms that I have made of the federal judiciary, and of the American legal culture more broadly, in this two-part article and at much greater length in Divergent Paths (and earlier books and articles). The Bluebook must have its defenders – let them defend their precious tome from me. And so must the awful legal jargon found in so many judicial opinions, and their verbosity; the superfluous headings and subheadings; the silly flourishes; the paeans to the adversary system; the pattern jury instructions; the standards of review; the dread of the italicized period; the spittoons behind the Supreme Court’s bench. The list goes on and on... But no; it seems I am to remain a voice crying in the wilderness. Pretty depressing. This micro-symposium should inspire in Posner both a new cheeriness and more of the same old depression.

Keywords: Kelsen, Schmitt, sovereignty, positivism, originalism, Potter Stewart, Warren Burger, ejusdem, generis, eiusdem, Latin, Loeb, jargon, headings, subheadings, Blaisdell, Brown, Obergefell, Anthony Kennedy, Regan, Lujan

Suggested Citation

Davies, Ross E. and Delaune, Timothy and Edgar, Swift and Mermin, Jonathan and Baude, William and Sachs, Stephen E. and Posner, Richard A. and Segall, Eric, Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary' (November 22, 2016). 20 Green Bag 2d 81 (2016). Available at SSRN: https://ssrn.com/abstract=2874437

Ross E. Davies (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

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Timothy Delaune

SUNY Cortland ( email )

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Swift Edgar

Wachtell, Lipton, Rosen & Katz ( email )

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Jonathan Mermin

Preti, Flaherty, Beliveau & Pachios ( email )

One City Center
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William Baude

University of Chicago - Law School ( email )

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Stephen E. Sachs

Duke University School of Law ( email )

210 Science Drive
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Durham, NC 27708
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HOME PAGE: http://law.duke.edu/fac/sachs

Richard A. Posner

University of Chicago Law School ( email )

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Chicago, IL 60637
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773-702-9608 (Phone)
773-702-0730 (Fax)

National Bureau of Economic Research (NBER)

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Cambridge, MA 02138
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Eric Segall

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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