Tuesday, November 30, 2004


In 2003-04, Richard Posner published the following books:
Catastrophe: Risk and Response (Oxford University Press 2004) (forthcoming).

The Economic Structure of Intellectual Property Law (Harvard University Press 2003) (with William M. Landes).

Law, Pragmatism, and Democracy (Harvard University Press 2003).

Economic Analysis of Law, 6th ed. (Aspen Law & Business 2003).
He also published (or is about to publish) the following scholarly articles:
"The Effect of U.S. Tort Law, and of Tort-Law Reform, on the Reinsurance Industry," (unpublished, September 2004).

"Judicial Behavior and Performance: An Economic Approach," Florida State University Law Review (forthcoming).

"The Law and Economics of Contract Interpretation," (unpublished, October 2004).

"The Federal Trade Commission: A Retrospective," Antitrust Law Journal (forthcoming).

"Legal Pragmatism," in The Range of Pragmatism and the Limits of Philosophy 144, Richard Shusterman, ed. (2004).

"Intellectual Property: The Law-and-Economics Approach," Journal of Economic Perspectives (forthcoming).

"Guido Calabresi's The Costs of Accidents: A Reassessment," Maryland Law Review (forthcoming).

"Brandeis and Holmes, Business and Economics, Then and Now," Review of Law and Economics (forthcoming).

"The Evolution of Economic Thinking about Legislation and Its Interpretation by Courts," Theory and Practice of Legislation: Essays in Legisprudence (forthcoming).

"The Law and Economics Movement: From Bentham to Becker," (unpublished, December 2003).

"Torture, Interrogation, and Terrorism," in Torture: A Collection 291, Sanford Levinson, ed. (2004).

"Law and Economics in Common-Law, Civil-Law, and Developing Nations," 17 Ratio Juris 66 (2004).

"Federalism and the Enforcement of Antitrust Laws by State Attorneys General," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy 252, Richard A. Epstein and Michael S. Greve, eds. (2004).

"Censorship and Free Speech: First Amendment Issues in the Visual Arts," (unpublished, September 2003) (with T. J. Chiang).

"The Political Economy of Intellectual Property Law," ( AEI-Brookings Joint Center for Regulatory Studies 2004) (with William M. Landes).

"The 2000 Presidential Election: A Statistical and Legal Analysis," 12 Supreme Court Economic Review 1 (2004).

"The Impeachment and Trial of William Clinton," (unpublished, August 2003).

"Fair Use and Statutory Reform in the Wake of Eldred," California Law Review (forthcoming) (coauthored with William F. Patry).

"How Long Should a Copyright Last?" 50 Journal of the Copyright Society of the U.S.A. 1 (2003).

"Legal Pragmatism," 35 Metaphilosophy 147 (2004).

"Pragmatic Liberalism versus Classical Liberalism," 71 University of Chicago Law Review 659 (2004).

"The Constitutionality of the Copyright Term Extension Act: Economics, Politics, Law, and Judicial Technique in Eldred v. Ashcroft," Supreme Court Review 143 (2004).

"An Empirical Analysis of the Patent Court," 71 University of Chicago Law Review 111 (2004) (with William M. Landes).

"The Long-Run Growth in Obesity as a Function of Technological Change," Perspectives in Biology and Medicine, Summer 2003 Supplement, p. S87 (with Tomas J. Philipson).

"Misappropriation: A Dirge," 40 Houston Law Review 621 (2003).

"Cognitive Theory as the Ground of for Political Theory in Plato, Popper, Dewey, and Hayek," Advances in Austrian Economics (forthcoming).

"John Dewey and the Intersection of Democracy and Law," in Dewey, Pragmatism, and Economic Methodology 167, Elias L. Khalil, ed. (2004).

"Animal Rights: Legal, Philosophical, and Pragmatic Perspectives," in Animal Rights: Current Debates and New Directions 51, Martha C. Nussbaum and Cass R. Sunstein, eds. (2004).

"Reply: The Institutional Dimension of Statutory and Constitutional Interpretation," 101 Michigan Law Review 952 (2003).

"Norms and Values in the Economic Approach to Law," Economic Analysis of Law: A European Perspective, Aristides N. Hatzis, ed. (forthcoming).
He also published the following shorter articles:
"Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property," Les Nouvelles: Journal of the Licensing Executives Society (forthcoming).

"Against Law Reviews," Legal Affairs (November/December 2004)

"Eldred and Fair Use," The Economists' Voice, September 2004, http://www.bepress.com/ev/vol1/iss1/art3.

Review of The New Annotated Sherlock Holmes, Leslie S. Klinger ed. (2004) New Republic (October 11, 2004).

Guest Blogger, "Lessig Blog," Aug. 23–29, 2004, http://www.lessig.org/blog/archives/2004_08.shtml.

"The 9/11 Report: A Dissent," Review of Final Report of the National Commission on Terrorist Attacks upon the United States, New York Times Book Review 1(Aug. 29, 2004).

"Law, Pragmatism, and Democracy: A Response to Ilya Somin," Critical Review (forthcoming).

"Constitutional Law from a Pragmatic Perspective", review of David M. Beatty, The Ultimate Rule of Law (2004) University of Toronto Law Journal (forthcoming).

"The People’s Court" (Review of Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review [2004]), New Republic, July 19, 2004, p. 32..

"Citing the Decisions of Foreign and International Courts," Legal Affairs (forthcoming).

"Foreword," in Aspasia Tsaoussis-Hatzis, The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis ix (2003).

"Richard Posner Replies [to Evan Gerstmann]," New Republic 5 (February 16, 2004).

"Community and Conscription," Rethinking Commodification: Readings in Law and Culture (forthcoming).

"Smooth Sailing," Legal Affairs 40 (Jan./Feb. 2004).

"Civil Liberties and National Security: The Pragmatic Approach" (unpublished, December 2003).

"Democracy and Judiciary: A Comment on Aulis Aarnio, The Court System and Democracy," Ratio Juris (forthcoming).

"Wedding Bell Blues," Review of Evan Gerstmann, Same-Sex Marriage and the Constitution [2004], New Republic 33 (Dec. 22, 2003).

"Pragmatic Liberalism Defended," University of Chicago Law Review (forthcoming).

"The End Is Near," Review of Margaret Atwood, Oryx and Crake (2003), New Republic 31 (Sept. 22, 2003).

"Law and Economics in Common Law and Civil Law Nations," 7 Associations: Journal for Legal and Social Theory 77 (2003).

"Hayek, the Mind, and Spontaneous Order: A Critique," Transactional Viewpoints 1 (Summer 2003).

"Our Technological Future?" New Republic (forthcoming).

"Desperate Times, Desperate Measures," Review of Daniel Farber, Lincolns Constitution, New York Times Book Review 20 (August 24, 2003).

"Richard A. Posner Replies," [to William A. Galston], New Republic 5 (July 28 & Aug. 4, 2003).

"An Army of the Willing: Why Conscription Does Not Serve Community," New Republic 27 (May 19, 2003).

Review of Daniel Farber, Lincoln's Constitution (March 2003, unpublished).

"The Anti-Hero," Review of Bruce Allen Murphy, Wild Bill: The Legend and Life of William O. Douglas (2003), New Republic 27 (February 24, 2003).
In addition, a LEXIS search reveals that in 2003-04, there have been 171 opinions written by Posner in his position as a Seventh Circuit judge. (I've heard that he ruffled some feathers when he first joined that court and asked to hear double the number of cases assigned to other judges.) He also wrote 4 concurrences and 5 dissents.

And he does all of his own writing. Here's what Fortune Magazine said in a 2000 article:
Unlike most judges, moreover, Posner drafts all his own opinions. Though his clerks describe him as a relaxed family man who likes to dally at lunch and keeps unremarkable hours, Posner magically assumes the productivity of J.S. Bach when he sits down at the keyboard. "He has the ability to write final prose in his first draft," says Harvard Law professor Lawrence Lessig, who clerked for Posner in 1989. "He could go home in the evening and produce two 30-page, single-spaced opinions, with citations, in one evening. They were good enough to be published without any editing."
Amazing. No, astounding. No, there aren't adjectives strong enough to describe it.


Anonymous Anonymous said...

That's ridiculous.

You might like his Diary for Slate, if you missed it the first time round.

9:32 AM  
Anonymous Anonymous said...

The truly scary thing is that the list isn't complete. He also has an article ("Hayek, Law & Cognition") forthcoming in the NYU Journal of Law & Liberty. He is one of the few men called "genius" who deserves his title.

9:33 PM  
Blogger Mobius Strip said...

No wonder the guy graduated Summa Cum Laude from Yale. He was also one of the student marshalls for Saybrook College at graduation, a position traditionally given to the three students of highest academic standing in their residential college upon graduation.

Oh, and he usually responds to emails! Absolutely amazing.

2:07 AM  

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