Richard A. Posner
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Books

Economic Analysis of Law
1986
Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law, from common law, corporate and commercial law, and public international law to family law, evidence law, and the economic theory of democracy. Updated in its Seventh Edition, ECONOMIC ANALYSIS OF LAW is the preeminent work in its field, covering the legal-economic perspective on all key areas, from common law to the Constitution. Authored by the pioneer in law and economics analysis,....[more]
Law and Literature
1998
what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" ("Wall Street Journal").
How Judges Think
2008
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and jud....[more]
The Little Book of Plagiarism
2006
A concise, lively, and bracing exploration of an issue bedeviling our cultural landscape-plagiarism in literature, academia, music, art, and film-by one of our most influential and controversial legal scholars. Best-selling novelists J. K. Rowling and Dan Brown, popular historians Doris Kearns Goodwin and Stephen Ambrose, Harvard law professor Charles Ogletree, first novelist Kaavya Viswanathan: all have rightly or wrongly been accused of plagiarism-theft of intellectual property-provoking wides....[more]
Law, Pragmatism, and Democracy
2003
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as ....[more]
Breaking the Deadlock - The 2000 Election, the Constitution, and the Courts
2001
The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued,....[more]
An Affair of State : The Investigation, Impeachment, and Trial of President Clinton
1999
President Bill Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and e....[more]
The Problematics of Moral and Legal Theory
1999
the current scene in legal studies--and a hopeful prospect for its future.
Sex and Reason
1992
Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approa....[more]
The Economics of Justice
1981
Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination. The book is designed to display the power of economics to organize a....[more]
The Crisis of Capitalist Democracy
2010
Following up on his timely and well-received book, A Failure of Capitalism, Richard Posner steps back to take a longer view of the continuing crisis of democratic capitalism as the American and world economies crawl gradually back from the depths to which they had fallen in the autumn of 2008 and the winter of 2009.By means of a lucid narrative of the crisis and a series of analytical chapters pinpointing critical issues of economic collapse and gradual recovery, Posner helps non-technical reade....[more]
The Quotable Judge Posner : Selections from Twenty-Five Years of Judicial Opinions
2010
A collection of pithy and penetrating observations and rulings by one of the most famous appellate judges in America, The Quotable Judge Posner showcases the wit and wisdom of Richard A. Posner. During his more than twenty-five years as a federal appellate judge, Judge Posner reached over two thousand opinions, many of which are cited frequently in the opinions of Supreme Court Justices. This anthology presents the judge?s entertaining and insightful observations on fifty wide-ranging topics, in....[more]
A Failure of Capitalism : The Crisis of '08 and the Descent into Depression
2009
Posner presents a concise and non-technical examination of the current financial and economic disasters, and of the, as yet, stumbling efforts to cope with it.
Catastrophe : Risk and Response
2004
Catastrophes, whether natural or man-made, that could destroy the human race are often dismissed as alarmist or fanciful, the stuff of science fiction. In fact the risk of such disasters is real, and growing. A collision with an asteroid that might kill a quarter of humanity in 24 hours and the rest soon after; irreversible global warming that might flip, precipitating "snowball earth;" voraciously replicating nanomachines; a catastrophic accident in a particle accelerator that might reduce the ....[more]
Public Intellectuals : A Study of Decline, with a New Preface and Epilogue
2003
In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues of political or ideological moment--Richard Posner charts the decline of a venerable institution that included worthies from Socrates to John Dewey. With the rapid growth of the media in recent years, highly visible forums for discussion have multiplied, while greater academic specialization has yielded a growing number of narrowly trained scholars. Po....[more]
The Economic Structure of Intellectual Property Law
2003
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the chall....[more]
Frontiers of Legal Theory
2001
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies--the application of the social sciences and the humanities to law in the hope of making law less formalistic, more practical, better grounded empirically, bettered tailored to social goals. Judge Richard A. Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier. The book examines five principal areas or directions of interdisciplin....[more]
A Guide to America's Sex Laws
1996
A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. It summarizes the laws regulating personal sexual activity, revealing gaps, anachronisms, anomalies, inequalities, and irrationalities, and providing an empirical basis for studies of sexual regulation. Judge Richard A. Posner and Katharine B. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context. From Alaba....[more]
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