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Articles 1 - 2 of 2
Full-Text Articles in Law
Judge Posner’S Simple Law, Mitchell N. Berman
Judge Posner’S Simple Law, Mitchell N. Berman
All Faculty Scholarship
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 …
The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen
The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen
Faculty Scholarship
This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.