[M]asturbation is a form of “sexual activity” in the ordinary-language sense of the term, which judges use on occasion just as laypersons do. Masturbation is also a “sexual act” in that sense, but not in the statutory sense.
- 7th Circuit, Attorney Misconduct, Benchslaps, Federal Judges, Legal Ethics, Litigators, Quote of the Day, Richard Posner, Rudeness, Vicious Infighting
There must be no more of this childish abuse…. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money.
(The context of this quotation, which contains additional benchslappery, appears below.)
- 7th Circuit, Document Review, Federalist Society, Gay, Gay Marriage, Non-Sequiturs, Richard Posner, SCOTUS, Supreme Court, Technology
* The Supreme Court opens the door, but just a crack, to prisoners seeking access to DNA evidence. [SCOTUSblog]
* The legal job market is getting better, right? Right? [Vault]
* Hall, J., dissenting — from the grave. [How Appealing]
* Harvard Law School is always ready for its close-up: first The Paper Chase, then Legally Blonde, and now The Five Hundred. [Deadline.com]
* Are computers better than attorneys at document review? Maybe — but they’re definitely more attractive. [Constitutional Daily]
* Protip for litigators: “Pull Your Pants Up Before Going to Court.” [Gothamist]
* Elsewhere in fashion news, a Seventh Circuit panel (Posner, J.) holds that it’s constitutionally protected to wear a t-shirt that says “Be Happy Not Gay” to your high school. But it’s still really… gay. [WSJ Law Blog]
* Litigation to advance a worthy cause (although it seems odd, in a “cart before the horse” sort of way, to file the press releases before the actual lawsuit). [The Snitch / SF Weekly]
* Congratulations to Professor Brian Fitzpatrick of Vanderbilt Law on receiving the 2011 Paul M. Bator Award (won previously by a long list of blawg celebrities, including M. Todd Henderson, Orin Kerr, Jonathan Adler, Eugene Volokh, and Randy Barnett). [Federalist Society]
- Federal Judges, Food, New York Times, Quote of the Day, Richard Posner, Romance and Dating, Weddings
[N]eedless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness — ‘The horror! The horror!’ — and am tempted to end there.
The problem of priests’ sexually molesting boys would be solved if priests were allowed to marry and if women could be priests, because then the priesthood would attract fewer homosexuals.
It was, like pretty much every Quote of the Day, removed from its context. To see that context, read Judge Posner’s complete post, entitled “Contraception and Catholicism.”
Judge Posner’s comment wasn’t well-received by some in the LGBT community, who viewed it as implying that homosexuals might be more prone to molest children than heterosexuals. Yesterday, University of Chicago OutLaw, an LGBT affinity group at Judge Posner’s longtime academic home, posted an open letter to Judge Posner on its website.
The letter criticized Judge Posner’s post for “suggesting a causal link between male homosexuality and sexual abuse of minors (or even conflating the two)” and for “promulgat[ing] inaccurate and harmful stereotypes regarding gay and lesbian individuals.” OutLaw asked Judge Posner to consider retracting his statement.
I reached out to Judge Posner to see if he had any response to Outlaw’s open letter. Indeed he did. What did he have to say?
I didn’t read one word. I have a life to live.
[S]ome of the conclusions of which our leading economic experts have been confident have turned out to be incorrect. For example, Alan Greenspan, appointed and then reappointed Chairman of the Federal Reserve for five terms by four different Presidents, recently admitted to a significant flaw in the ideology that caused him to support and implement policies of financial deregulation…
And Judge Richard Posner, a highly respected jurist and a leading economics expert, has recently expressed his admiration for Keynesian economics, reversing a lifetime of reliance on the Chicago School’s approach.