Judge posner criticizes the bluebook the most popular. I wrote an article on one of judge posners opinions. Jun 08, 2011 judge posner recently and famously, as his article went viral as much as one can among the online legal community criticized the bluebook as a monstrous growth, remote from the functional need for legal citation forms, that serves obscure needs of the legal culture and its student subculture. They dont actually base decisions on precedent or even on the constitution or the statute much of the time, he claims, they make political judgments instead and then look for evidence to justify their decisions. The bluebook is one of those fixturesdare i say institutionsthat professors, judges, and practitioners love to hate. Apr 03, 2016 judge posner laid out his critique of the bluebook in greater detail in this yale law journal article. Circuit court of appeals judge richard posner writes in his office at the dirksen federal building in chicago. Jun 27, 2016 seventh circuit judge richard posner sees absolutely no value in studying the u. Seventh circuit judge richard posner sees absolutely no value in studying the u.
The blue books citation system is still generally followed by practitioners and courts for cases, statutes, codes, and ordinances. The first thing to do is burn all copies of the bluebook, in its latest edition 560 pages of rubbish, a terrible time waster for law clerks employed by judges who insist, as many do, that the citations in their opinions conform to the. Judge posner, the blue book, and arkansas citation. Worse than that, the legal system generates its own complexity. If you are working on a brief for a case in the 7th circuit and you cant find your copy of the bluebook, consider yourself in luck. An exit interview with richard posner, judicial provocateur judge richard a. Posners recent critique the bluebook blues1 of the maddening hypertrophy of the bluebook is surely a refreshing voice of san ity for the multitudes of law students and legal professionals. The creativity in citation form encouraged by the maroon book is much like creativity in spelling or grammar. On the phone, judge posner said that opinion was a rare victory. Oct 09, 2016 posner was born in new york city in 1939 to parents who were communists, or at least fellow travelers. Announcing the fourth yale law journal forum student essay competition.
The problem, he says, is that, thanks to disposition, training, and professional incentives, they arent. Judge richard posner acknowledges his reputation as a naysayer and faultfinder yet proceeds to find fault with the bluebook it is 560 pages of rubbish and the uneven quality of. Mar 29, 2016 in a march 29, 2016 post, debra cassens weiss, writing for the aba journal, quotes the esteemed appellate judge richard posner. Posner lamented the inevitable demise of the bluebook uniform system of citation when the sixteenth edition came out at a grotesque 255 pages long. The backstory behind judge richard posners retirement. Judge posner recently and famously, as his article went viral as much as one can among the online legal community criticized the bluebook as a monstrous growth, remote from the functional need for legal citation forms, that serves. You dont have to imagine his reaction to the nineteenth edition, issued last year with a whopping 511 pages, because judge posner has published that. Sep 06, 2017 the 9 lives of richard posner the following blog post was coauthored by r street senior fellow ian adams. All copies of the bluebook should be burned, seventh circuit judge richard a. In promoting his remedy of choice, however, judge posner is selling the bathwater with the baby. The provocative life of judge richard posner the new. Judge posners former court issued a per curiam opinion ordering a new trial for a man who defended himself at a 2015 trial against charges of mail fraud and making false claims to.
Judge posner confesses he was unable to master the hated. Judge richard posners latest book, reflections on judging, is a wideranging critique of the united states. Posner says bluebook is 560 pages of rubbish, suggests changes. Drawing upon law and economics the field he helped to found, behavioral psychology, and political theory, posner presents a more comprehensive portrait of the judicial mind than has ever before been. Sep 11, 2017 an exit interview with richard posner, judicial provocateur judge richard a. Jan 25, 2011 judge posner criticizes the bluebook the most popular legal citation format manual by eugene volokh on january 25, 2011 5. I plead guilty to having written the majority opinion affirmed by. Love him or hate him, there is no disputing that judge richard a. Judge richard posner explains why we should burn all. Posner is right that the bluebook has become a monstrous growth and that bluebooking involves an expenditure of time that would be.
The world is complex, richard posner observes in his most recent book, reflections on judging. Unfortunately, the book tells the reader almost nothing about pro. To judge richard posner, gun control is a joke the atlantic. Richard posner on the bluebook the volokh conspiracy. Judge posner is one of the founding fathers of bluebook abolitionism, having advocated it for almost twentyfive years, ever since his 1986 university of chicago legal forum correction. Jan 27, 2011 judge richard posner hasnt mastered the 511 pages that make up the latest edition of the bluebook.
Posner has just published another bookor, perhaps more accurately, another pretense of a book, with a grand. Posner has recently made a specialty of needling scalia, but the truth is the two judges are more alike than either would like to admit. Sep 06, 2019 judge posner s description of bad legal writing may not be original, but for the most part it is depressingly accurate. Posners recent critique the bluebook blues1 of the maddening hypertrophy of the bluebook is surely a refreshing voice of sanity for the multitudes of law students and legal professionals who have had. Posner is himself a court of appeals judge and hence also writes from personal experience though he emphasises that. Judge posner, the blue book, and arkansas citation resources. Judge posners description of bad legal writing may not be original, but for the most part it is depressingly accurate. Well, one persons rubbish is another persons treasure.
Richard posner is my new hero the baseline scenario. Posner calls bluebook rubbish in legal profession critique. Judge posner is one of the founding fathers of bluebook abolitionism, having advocated it for almost twentyfive years, ever since his 1986. The 9 lives of richard posner the following blog post was coauthored by r street senior fellow ian adams. Townsend, judge posners opinion in kikalos, 108 tax notes 593 aug. Goodbye to the bluebook chicago unbound university of chicago. How judges think pims polity immigration and society. In a december 2016 article for green bag, judge posner stated that among the reforms he would implement at federal.
It follows that, to resolve realworld disputes sensibly, judges must be astute students of the worlds complexity. Judge posner and the bluebook blues a library with a. In my view, however, he was a little too generous to the bluebook when he compared it to the. Posner was born in new york city in 1939 to parents who were communists, or at least fellow travelers. In one of his final opinions, judge posner, writing for a threejudge panel, reinstated a lawsuit from a prisoner, michael davis, that had been dismissed on technical grounds. Judge richard posner explains why we should burn all copies of. The latter has generated controversy because it includes documents internal to the. And both of them might consider whether its a good time to. Books by michael posner author of the last honest man. Sep 09, 2015 eight provocative passages from judge richard posners new book. Judge posner laid out his critique of the bluebook in greater detail in this yale law journal article. Eight provocative passages from judge richard posners new book.
Judge richard posner hasnt mastered the 511 pages that make up the latest edition of the bluebook. Judge richard posner explains why we should burn all copies of the bluebook. Posner recommended in a recent article critiquing the legal system, calling it 560 pages of rubbish and a. Judge posner is famously candid, so dont expect him to go easy on excolleagues he disagrees with. Posner says bluebook is 560 pages of rubbish, suggests. The first thing to do is burn all copies of the bluebook, in its latest edition 560 pages of rubbish, a terrible time waster for law clerks employed by.
The provocative life of judge richard posner the new york times. In a march 29, 2016 post, debra cassens weiss, writing for the aba journal, quotes the esteemed appellate judge richard posner. Worse than that, the legal system generates its own complexity precisely to. Eight provocative passages from judge richard posners new. A brief readers guide to richard posner the new york times. Constitution because eighteenthcentury guys couldnt have possibly foreseen the culture and technology of today. Though his article criticizes many aspects of the blue book its size, for example, he is particularly critical of its system of. Judge posner criticizes the bluebook the most popular legal citation format manual by eugene volokh on january 25, 2011 5. Also part memoir, amanda frost praises the book as giving readers a glimpse into the mind of a brilliant, yet quirky, federal judge.
Judge posner rejects sterile legalist theories in favor of a pragmatic approach to judicial decisionmaking, heavily influenced by economic theory. Aug 20, 2009 in his latest book, how judges think, judge posner turns his formidable analytical lens on an especially wellsuited target. Michael posner has 28 books on goodreads with 743 ratings. A uniform system of citation exemplifies hypertrophy in the anthropological. Posner on free speech, on national security, on roe v.
Goodbye to the bluebook only, which is the general bluebook form for citing articles. Judge richard posner explains why we should burn all copies. I am pleased to to follow in the footsteps of the worlds most distinguished legal scholar on this issue. Posner, a federal judge, wrote this book outlining how he thinks judges make decisions a process he dubs pragmatism. Posners recent critique the bluebook blues of the maddening hypertrophy of the bluebook is surely a refreshing voice of sanity for the. December 15, 2017 im not a typical federal judge, richard posner says in his new book the federal judiciary, which seems designed to affirm that claim released in august, this tome shouldnt be confused with his selfpublished reforming the federal judiciary, released in september. Judge posner and the bluebook blues a library with a view. Jul 09, 2008 but the book i would start with the one, it seems to me, that offers the best introduction to posners current thinking and is mercifully free of algebraic equations is law, pragmatism, and democracy 2003. In defense of the bluebook justia law blog june 8, 2011. Posner, a judge of the seventh circuit court of appeals and longtime member of the law school faculty, has built a reputation as one of the nations foremost polymaths. Judge richard posner acknowledges his reputation as a naysayer and faultfinder yet proceeds to find fault with the bluebook it is 560. Response to richard posners new book, by a former 7th.
In this article i did have a version of a footnote on footnotes see footnote 3 of the article which i subsequently expanded and revised and included in earlier versions of my federal tax procedure book, but when the. In this erudite and highly readable book, a distinguished judge and scholar provides the reader with remarkable insights into how judges think, or ought to think, when interpreting and creating the law. For additional discussion and funny excerpts, see paul horwitz, ilya. Though his article criticizes many aspects of the blue book its size, for example, he is particularly critical of its system of abbreviation. Back in 1986, esteemed court of appeals judge richard a. Thus, all of us can find the citation and read the material cited. Sep 07, 2017 judge posner is famously candid, so dont expect him to go easy on excolleagues he disagrees with. Mar 29, 2016 all copies of the bluebook should be burned, seventh circuit judge richard a. I followed up with judge posner and asked how his stepping down would advance the cause of pro. He has authored influential and provocative works that span a vast swath of law and life, ranging from antitrust regulation to human sexuality, to. But the book i would start with the one, it seems to me, that offers the best introduction to posners current thinking and is mercifully free of algebraic equations is law, pragmatism, and democracy 2003. Mar 29, 2016 judge richard posner acknowledges his reputation as a naysayer and faultfinder yet proceeds to find fault with the bluebook it is 560 pages of rubbish and the uneven quality of. Nov 10, 2017 in a december 2016 article for green bag, judge posner stated that among the reforms he would implement at federal appellate courts, the first thing to do is burn all copies of the bluebook, in its latest edition 560 pages of rubbish. Feb 02, 2011 judge posner and the bluebook blues posted on february 2, 2011 by anne burnett back in 1986, esteemed court of appeals judge richard a.
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