Richard A. Posner on judges, data, and consequences
The federal judge ponders data, consequences, and a decision that enabled voter suppression
Justice Scalia gave a long interview to New York magazine this week, sharing his thoughts on the devil, homosexuality, and "Seinfeld." But setting aside whether he's right about the soup nazi, the justice's legal reasoning is hopelessly incoherent, writes
A revisionist history of a social revolution
The courts have been lauded for boosting gay rights. Why cultural changes mattered more.
In the September 13 issue of TNR, Richard Posner reviewed Reading Law, a new book by Supreme Court Justice Antonin Scalia and Bryan A. Garner. Soon afterwards, TNR published an exchange between Garner and Posner about the review. Here, Posner responds to the latest critical response by Antonin Scalia: Reuters invited me to respond to a statement made by Justice Scalia in an interview of him by Stephen Adler on September 17. The statement comments on a purported statement of mine in a review in the New Republic of Reading Law by Justice Scalia and Bryan Garner.
BRYAN A. GARNER:Hardly was I surprised that Judge Richard A. Posner did not warmly embrace Reading Law, the book on textualism I coauthored with Justice Antonin Scalia.
The Collapse of American Criminal Justice By William J. Stuntz (Harvard University Press, 413 pp., $35) William Stuntz, who unfortunately died young, before this book was published, was a leading criminal law scholar, and this volume is exceptionally rich, insightful, provocative, and well-written. It is bound to have great influence on academic thinking, and perhaps in time on the criminal justice system itself.
This article is a contribution to 'Is There Anything That Can Be Done? A TNR Symposium On The Economy.' Click here to read other contributions to the series. If the notion that we are merely living through the aftereffects of a mere “recession” that ended in 2009 sounds somewhat ridiculous, that’s because it is. If we were being honest with ourselves, we would call this a depression.
Justices and Journalists: The U.S. Supreme Court and the Media By Richard Davis (Cambridge University Press, 241 pp., $28.99) The way in which every person, every institution, relates to people is essentially, though often unconsciously, theatrical. We are experts in self-presentation, in acting a part to further our aims and interests. We have, all of us, a public relations strategy. This is true of the Supreme Court, too, and of the individual Supreme Court justices.