Richard Posner
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Intellectual Property, iPhone, Patents, Richard Posner, Technology
A Closer Look at the 'Chaos' of the American Patent System
The New York Times extensively digs into the patent wars gripping the tech industry. -
Antonin Scalia, Barack Obama, Department of Justice, Election 2012, Eric Holder, Federal Government, Federal Judges, Harvard, John Roberts, Politics, Richard Posner, Sarbanes-Oxley / Sarbox / SOX, SCOTUS, Supreme Court
A Lawyer's Guide To Getting Drunk During Tonight's Presidential Debate
Do you want to get drunk during tonight's presidential debate? Of course you do! So play our drinking game. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
7th Circuit, Gay, Gay Marriage, Google / Search Engines, Non-Sequiturs, Prisons, Privacy, Richard Posner
Non-Sequiturs: 09.28.12
* Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times] * As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald] * Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post] * Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing] * Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer] * A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris] * Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]
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Antonin Scalia, Blogging, Contracts, Food, Free Speech, Google / Search Engines, Law Professors, Money, Non-Sequiturs, Pornography, Richard Posner, Sports, Student Loans
Non-Sequiturs: 09.24.12
* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg] * Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg] * When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog] * What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc] * You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider] * “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party] -
Antonin Scalia, California, Drugs, Election Law, Fashion, Fashion Is Fun, Gay Marriage, Marijuana, Non-Sequiturs, Politics, Richard Posner, SCOTUS, Supreme Court, Technology
Non-Sequiturs: 09.21.12
* You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate] * Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse] * Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight] * Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg] * Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette] * You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw] -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Quote of the Day, Reader Polls, Richard Posner, SCOTUS, Supreme Court
Quote of the Day: A Time-Out in Posner v. Scalia?
Here is Judge Richard Posner's (delicately worded) response to Justice Scalia calling him a liar. -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
Quote of the Day: The New Republic Isn't That Glossy....
Justice Scalia recently spoke before a packed house in New York -- and Above the Law was there to cover it. What did he have to say -- about Judge Richard Posner, among other things? -
Antonin Scalia, Benchslaps, Books, California, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
The Benchslap Dispatches: Justice Scalia on Judge Posner's 'Hatchet Job'
Justice Scalia tells us what he REALLY thinks of Judge Posner's controversial review of Reading Law, the new book by Justice Scalia and Professor Bryan Garner. - Sponsored
Generative AI In Legal Work — What’s Fact And What’s Fiction?
Zach Warren from the Thomson Reuters Institute discusses the potential and the pitfalls. -
Election 2012, LSAT, Non-Sequiturs
Non-Sequiturs: 09.07.12
* Concurring Opinions has the unsent emails from the Scalia-Posner flap. It's the funniest thing since they explained how professors grade. [Concurring Opinions] * Since a lot of smart kids are not taking the LSAT and applying to law school, maybe this is an opportunity for kids who are not so great at standardized testing to get into a better school than they would have under normal circumstances. Of course, that's not what I would do. If a bunch of people suddenly start running in one direction, I'm the kind of brother who starts running with them and figures out later what all the fuss is about. [The Careerist] * Ohio rescinds it's early voting directive and asks Sixth Circuit for a stay. [Election Law Blog] * Charlotte bankers survive the Democratic National Convention. Somehow. [Dealbreaker] * The problem with owning a gun is that eventually, you are going to give yourself a reason to use it. [NY Daily News] * Former tennis star ready to return serve at Columbia law school. Obviously, I'm using "star" a little bit broadly since I'm talking about a man who finds himself in the drunken class of 2015. [Dealbook] * You have to think that Bill Clinton would have made the best trial lawyer ever. "Can you see her? I want you to picture that little girl. [bites lip.] Now imagine she's white." [What About Clients?] -
Antonin Scalia, Benchslaps, Books, Clerkships, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court, Supreme Court Clerks
Posner v. Scalia: Bryan Garner Tags In
Bryan Garner, the legal writing guru, comes to the aid of his co-author, Justice Antonin Scalia. Professor Garner is NOT happy with Judge Posner's review of Scalia and Garner's new book. -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court
The Benchslap Dispatches: Posner v. Scalia -- Is It Personal?
Is the sniping back and forth between Justice Scalia and Judge Posner personal? We reached out to both jurists for comment. -
Antonin Scalia, Celebrities, Richard Posner, Sex, Sex Scandals, Sports, STDs
Sports Law, Spaw, Lorts: Kris Herphries Edition
In today's sports law column: Kris Humphries, Jose Canseco, and Todd Hoffner. -
Antonin Scalia, Benchslaps, Federal Judges, Feeder Judges, Immigration, Politics, Richard Posner, SCOTUS, Supreme Court
Benchslap of the Day: Justice Scalia Pulls Rank on Judge Posner
Remember when Judge Posner did a reverse benchslap of Justice Scalia? Justice Scalia has responded -- without pulling any punches....
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Generative AI In Legal Work — What’s Fact And What’s Fiction?
Legal AI: 3 Steps Law Firms Should Take Now
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7th Circuit, Antonin Scalia, Health Care / Medicine, Immigration, Richard Posner, SCOTUS, Supreme Court
Posner Pwns Scalia
Judge Richard Posner has some not exactly complimentary things to say about Justice Scalia's dissent in Arizona v. United States… -
10th Circuit, Free Speech, Google / Search Engines, Job Searches, Law School Deans, Law Schools, Morning Docket, Patents, Richard Posner, SCOTUS, Southern New England School of Law/Umass, Supreme Court, Technology, Unemployment, Wall Street
Morning Docket: 06.08.12
* 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 their school’s, everyone else 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]
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7th Circuit, Benchslaps, Federal Judges, Food, Nauseating Things, Quote of the Day, Richard Posner
Quote of the Day: Hopefully He Doesn't Know From Personal Experience
Judge Posner analyzes nutriloaf and the unpleasantness of anal fissures.... -
11th Circuit, 7th Circuit, Cellphones, Deaths, Immigration, Media and Journalism, Morning Docket, Privacy, Richard Posner, Technology, Tobacco / Smoking, United Kingdom / Great Britain
Morning Docket: 03.01.12
* 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 11th 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]
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7th Circuit, Benchslaps, Federal Judges, Law Professors, Reader Polls, Richard Posner, Rudeness, Screw-Ups
Was Judge Posner a Dodo in His Ostrich Opinion?
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 […] -
7th Circuit, Benchslaps, Federal Judges, Richard Posner, Rudeness, Screw-Ups, Texas
A Reverse Benchslap? Chastised Lawyer Lashes Out at Judge Posner
On Thanksgiving Day, while you were enjoying your turkey, 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. What did the lawyer in question have to say for himself? -
7th Circuit, Admin, Announcements, Benchslaps, Federal Judges, Food, Holidays and Seasons, Richard Posner, Screw-Ups
Thanksgiving Greetings from Above the Law!(And a bonus benchslap from Judge Posner.)
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 […]