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Full-Text Articles in Law

Judge Posner’S Simple Law, Mitchell N. Berman Jan 2015

Judge Posner’S Simple Law, Mitchell N. Berman

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The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, to resolve real-world disputes sensibly, judges must be astute students of the world’s complexity. The problem, he says, is that, thanks to disposition, training, and professional incentives, they aren’t. Worse than that, the legal system generates its own complexity precisely to enable judges “to avoid rather than meet and overcome the challenge of complexity” that the world delivers. Reflections concerns how judges needlessly complexify inherently simple law, and how this complexification can be corrected.

Posner’s diagnoses and prescriptions range widely—from the Bluebook …


Pluralistic Nonoriginalism And The Combinability Problem, Mitchell N. Berman, Kevin Toh Jan 2013

Pluralistic Nonoriginalism And The Combinability Problem, Mitchell N. Berman, Kevin Toh

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No abstract provided.


Introduction: Punishment And Culpability, Mitchell N. Berman Jan 2012

Introduction: Punishment And Culpability, Mitchell N. Berman

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No abstract provided.


Practicing Poetry, Teaching Law, David A. Skeel Jr. Jan 1994

Practicing Poetry, Teaching Law, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.