Richard A. Posner

We Need a Strong Prison System
But we need to imprison people for fewer crimes and for less time
May 24, 2014

The American prison system isn't getting results. 

I Did Not 'Recant' on Voter ID Laws
Richard A. Posner on judges, data, and consequences
October 27, 2013

The federal judge ponders data, consequences, and a decision that enabled voter suppression 

Antonin Scalia's Legal Logic is Lousier Than His 'New York' Interview
October 07, 2013

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, w

How Gay Marriage Became Legitimate
A revisionist history of a social revolution
July 24, 2013

The courts have been lauded for boosting gay rights. Why cultural changes mattered more.

How Many Constitutions Can Liberals Have?
October 19, 2012

The strange theory of twelve constitutions in one.

Richard Posner Responds to Antonin Scalia’s Accusation of Lying
September 20, 2012

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.

How Nuanced is Justice Scalia’s Judicial Philosophy? An Exchange
September 10, 2012

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 Incoherence of Antonin Scalia
August 24, 2012

America's most prominent conservative judge offers a blistering assessment of the Supreme Court's most outspoken conservative justice.

Incarceration Blues
October 26, 2011

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.

Let’s Be Honest: We’re in a Depression, Not a Recession, And There’s No End In Sight
August 23, 2011

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.

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