Richard Posner

* Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]

* Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]

* Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]

* You should’ve “known better”: in case we didn’t make it abundantly clear when we spoke about NALP’s data for the class of 2011, the job market for new law grads is being classified as “brutal.” [National Law Journal]

* U. Chicago Law revolutionized the field of law and economics, but much to the school’s chagrin, everyone copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]

* Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]

* Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]

I feel queasy just looking at this photo of Nutriloaf.

Deliberate withholding of nutritious food or substitution of tainted or otherwise sickening food, with the effect of causing substantial weight loss, vomiting, stomach pains, and maybe an anal fissure (which is no fun at all, see http://en.wikipedia.org/wiki/Anal_fissure (visited March 15, 2012)), or other severe hardship, would violate the Eighth Amendment.

– Judge Richard Posner, in Tuesday’s ruling in Prude v. Clarke. The Seventh Circuit reinstated a lawsuit filed by a prisoner who alleged that being fed nutriloaf (a.k.a. Nutraloaf) in the Milwaukee County Jail amounted to cruel and unusual punishment.

(Judge Posner had more strong words to say about nutriloaf, as well an in-depth analysis to answer this crucial question: what the heck is nutriloaf?)

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With Murdoch gone, British media can return to doing what it does best.

* A federal judge tossed out a law requiring tobacco companies to put graphic warning labels on cigarette packages. If paying $7 a pack doesn’t stop you from buying smokes, I don’t think nasty photos will either. [CNN]

* SCOTUS won’t deal with Arizona’s controversial immigration law for a couple months, but the Eleventh Circuit will hear oral arguments about Alabama’s even stricter law today. But why would you immigrate to Alabama, of all places? Thomson Reuters News & Insight]

* The Seventh Circuit ruled that police can search a cellphone for its number without a warrant. Judge Richard Posner compared it to law enforcement’s ability to open a pocket diary and copy the owner’s address. The bigger question is: do drug dealers keep diaries? [Wall Street Journal]

* James Murdoch, the News Corp. heir apparent, has resigned in the wake of the News of the World scandal and related lawsuits. Now everyone can just go back to reading British tabloids for the Page Three Girls. [Los Angeles Times]

* RIP Lynn D. “Buck” Compton, the prosecutor who secured a conviction of Robert F. Kennedy’s assassin, and the Army paratrooper portrayed in the book and HBO miniseries “Band of Brothers.” [Washington Post]

Of course not! But the headline got your attention, didn’t it? The notion of Judge Richard Posner as being anything other than a genius will certainly make people sit up and take notice. There’s a reason why there’s a Facebook group called Richard Posner for Philosopher King (of which I am a proud member).

It should be noted, however, that Judge Posner’s opinion in Gonzalez-Servin v. Ford Motor Co. was not 100 percent perfect. It initially contained some infelicitous wording — which has since been fixed.

Let’s look at the language that was perhaps imprecise….

UPDATE (4 PM): Additional comment from Judge Posner, added after the jump.

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On Thanksgiving Day, while you were enjoying your turkey (or tofurkey), we wrote about a different bird: namely, the ostrich. In a somewhat snarky opinion, Judge Richard Posner of the Seventh Circuit compared a lawyer appearing before him to an ostrich: “The ostrich is a noble animal, but not a proper model for an appellate advocate. The ‘ostrich-like tactic of pretending that potentially dispositive authority against a litigant’s contention does not exist is as unprofessional as it is pointless.’”

Ouch. Judge Posner even included a photo (above right) of a man in a suit burying his head in the sand.

What did the lawyer in question, David “Mac” McKeand of Houston, have to say for himself? And what did McKeand have to say about Judge Posner?

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Happy Thanksgiving, from your friends at Above the Law. As always, we give thanks to our readers, our tipsters, our advertisers, and even our commenters.

We also give thanks to Judge Richard Posner. This brilliant and hilarious jurist has just given us something to chuckle over as we munch on our Thanksgiving turkey.

This opinion by Judge Posner, handed down yesterday, could be viewed as “giving the bird” to an offending attorney. And the bird in question is not a turkey. Can you guess which bird is involved?

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(And a bonus benchslap from Judge Posner.)

Welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of legal writing and English grammar and usage over to our readers for discussion and debate.

Last week, we found out that only 29% of our readers lie back and think of England when dealing with punctuation and quotation marks. Makes you proud to be an American, doesn’t it?

This week, we turn to a hotly-debated issue among legal professionals: the use of the Bluebook. At least one federal judge hates it, joining hundreds upon thousands of law students to date.

Should we consider putting the Bluebook on the backburner in our legal writing?

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In an event I did a few years ago at the University of Chicago with Judge Richard Posner (check out the podcast here), Judge Posner tossed out a delicious little blind item. He mentioned a federal judge in Chicago who would fire law clerks for what she viewed as a very grave offense: splitting infinitives in written work product.

But is splitting infinitives really such a crime?

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Several prominent judges, like Richard Posner (left) and Alex Kozinski (right), hire 'off-plan.'

Over the weekend, we mentioned a very interesting New York Times article on the chaotic state of the clerkship application process, and said we’d have more to say about it later. Well, now is later, quite a bit later — so let’s discuss.

The piece — by Catherine Rampell, who has written about the legal world before — paints a depressing picture of a dysfunctional system. Rampell reports that the clerkship process “has become a frenzied free-for-all, with the arbiters of justice undermining each other at every turn to snatch up the best talent.”

Let’s look at the reasons behind this, and discuss whether the process can be fixed….

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[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.

– Judge Richard Posner, doing his best to take all the fun out of jerking off (via Josh Blackman).

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