JUDGE POSNER ADMITS TO DECIDING CASES ON THE BASIS OF FAIRNESS, NOT LAW
| French Big Locus | 09/15/17 | | mind-boggling mediation | 09/15/17 | | Tantric self-centered gunner | 09/15/17 | | mind-boggling mediation | 09/15/17 | | submissive pea-brained elastic band | 09/15/17 | | Tantric self-centered gunner | 09/15/17 | | mind-boggling mediation | 09/15/17 | | French Big Locus | 10/16/17 | | French Big Locus | 09/15/17 | | Gaped Buff Field | 09/15/17 | | French Big Locus | 09/15/17 | | Gaped Buff Field | 09/15/17 | | Spectacular self-absorbed university prole | 09/15/17 | | Excitant box office national security agency | 09/15/17 | | Purple business firm faggot firefighter | 09/15/17 | | appetizing brunch | 09/15/17 | | Excitant box office national security agency | 09/15/17 | | Titillating unholy scourge upon the earth | 09/16/17 | | underhanded pocket flask | 10/16/17 | | citrine insane abode | 09/15/17 | | passionate stead | 09/15/17 | | Low-t Native | 09/15/17 | | Nofapping erotic location haunted graveyard | 09/15/17 | | submissive pea-brained elastic band | 09/15/17 | | Stimulating Slimy Library | 09/15/17 | | Spectacular self-absorbed university prole | 09/15/17 | | Plum crawly really tough guy | 09/15/17 | | stubborn cuck | 09/15/17 | | nubile ceo | 09/15/17 | | French Big Locus | 09/15/17 | | nubile ceo | 09/15/17 | | Plum crawly really tough guy | 09/15/17 | | Cracking pit | 09/15/17 | | Plum crawly really tough guy | 09/15/17 | | French Big Locus | 09/15/17 | | nubile ceo | 09/15/17 | | Plum crawly really tough guy | 09/15/17 | | Cracking pit | 09/15/17 | | Concupiscible resort striped hyena | 09/15/17 | | Purple business firm faggot firefighter | 09/15/17 | | Excitant box office national security agency | 09/15/17 | | floppy dull quadroon theater stage | 09/15/17 | | Drunken associate selfie | 09/16/17 | | French Big Locus | 09/17/17 | | Plum crawly really tough guy | 09/15/17 | | Tantric self-centered gunner | 09/15/17 | | trip crusty stag film death wish | 09/15/17 | | French Big Locus | 09/15/17 | | French Big Locus | 09/20/17 | | stirring lemon bawdyhouse jap | 09/15/17 | | nubile ceo | 09/15/17 | | disgusting queen of the night personal credit line | 09/15/17 | | Alcoholic clear corner newt | 09/15/17 | | appetizing brunch | 09/15/17 | | Alcoholic clear corner newt | 09/15/17 | | Filthy Judgmental House | 09/15/17 | | Plum crawly really tough guy | 09/15/17 | | Brindle casino | 09/16/17 | | provocative well-lubricated sweet tailpipe persian | 09/17/17 | | Tantric self-centered gunner | 09/15/17 | | French Big Locus | 09/16/17 | | Tantric self-centered gunner | 09/16/17 | | Plum crawly really tough guy | 09/16/17 | | Tantric self-centered gunner | 09/16/17 | | Plum crawly really tough guy | 09/16/17 | | Out-of-control Senate Rigpig | 09/17/17 | | Plum crawly really tough guy | 09/17/17 | | Out-of-control Senate Rigpig | 09/17/17 | | crystalline keepsake machete | 09/16/17 | | Comical costumed hall | 09/16/17 | | Cowardly Area Weed Whacker | 09/16/17 | | Alcoholic clear corner newt | 09/16/17 | | pearly pontificating crotch travel guidebook | 09/20/17 | | French Big Locus | 09/28/17 |
Poast new message in this thread
Date: September 15th, 2017 10:51 AM Author: French Big Locus
https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html
He called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34216937) |
|
Date: September 15th, 2017 2:45 PM Author: Tantric self-centered gunner
Flame or not flame?
If not flame, that's largely what structured law is for.
It provides the rules for determining what's fair.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218727) |
Date: September 15th, 2017 10:53 AM Author: Gaped Buff Field
judges like this are why you settle litigation. i have appeared before this one federal judge where you can literally show them their own published cases saying "Point of Law X" on the exact same facts, sometimes with the exact same parties, and they will say "I think I'm going to rule Point of Law Not X because it feels right."
charlatans.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34216964) |
Date: September 15th, 2017 10:57 AM Author: citrine insane abode
DESCRIBE the amount of projection in these statements:
-----
“I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
I asked him about his critics, and he said they fell into two camps.
***
He said he had less sympathy for the second camp. “There are others who are just, you know, reactionary beasts,” he said. “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217007) |
|
Date: September 15th, 2017 2:36 PM Author: Tantric self-centered gunner
So let equity swallow it all?
Maybe.
But even the exercise of equity is (or at least should be) subject to principles of law.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218678) |
Date: September 15th, 2017 2:34 PM Author: stirring lemon bawdyhouse jap
This "forget about the law" thinking is how you end up with rulings like the Title VII case where the Seventh Circuit said a law that explicitly bans gender and racial discrimination also implicitly bans discrimination based on sexual orientation, even though the law doesn't say anything about that.
Why even have a legislature if the judges are just going to do whatever they want, laws and Constitution be damned? If Posner's retirement means we get a new judge who will predictably and faithfully follow the law, then good riddance.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218667) |
Date: September 15th, 2017 2:37 PM Author: disgusting queen of the night personal credit line
The "law" States that if your 6 year old son demands to be a girl you will have the state take him and feed him estrogen if you refuse.
Ljl at our "laws", what a joke.
I love reactionary dandies like this judge.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218685) |
Date: September 15th, 2017 7:32 PM Author: Filthy Judgmental House
imagine having a 7th cir argument in front of Posner or Easterbrook.
you'd tell your client, "look, they are going to ignore all the facts and law we've been arguing about for years. they're just going to do whatever they want. and there's a good chance they will trash me, trash opposing counsel, or both of us, just for fun."
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34220706) |
Date: September 15th, 2017 9:42 PM Author: Tantric self-centered gunner
Dear Posner,
Did anyone ever tell you that you think far too much of your legal writing abilities?
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34221233) |
|
Date: September 16th, 2017 9:56 PM Author: Tantric self-centered gunner
The best legal writing has a strong, logical, well structured heart.
In addition to playing fast and loose with the facts, Posner sacrifices much of that in service to his goal of telling simple stories for the masses.
That's not a call for jargon or any such nonsense. Posner simply isn't as good a writer as some other notable judges, but Posner doesn't seem to understand that.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226681) |
|
Date: September 16th, 2017 10:09 PM Author: Plum crawly really tough guy
I'm partial to Friendly's method of writing opinions, but it is an acquired taste.
I'd rank Easterbrook over Posner on the Seventh Circuit. This includes both opinions and scholarship.
Some DC Cir. judges are good, but boring.
To name some ladies of the bar, I've been favorably impressed by King (5th Cir.) and Kearse (2d Cir.).
Did you ever try to read Posner's N.D. Il. damages opinions (he sought to sit by designation a few times)?
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226753) |
|
|