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View Diary: Seventh Circuit becomes third appeals court to rule for marriage equality (58 comments)

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  •  Posner (6+ / 0-)
    He is a leading figure in the field of law and economics, and was identified by The Journal of Legal Studies as the most cited legal scholar of the 20th century.
    http://en.wikipedia.org/...
    •  Don't get too excited about that (3+ / 0-)
      Recommended by:
      patbahn, Whamadoodle, gharlane

      He's a poster boy for neoliberalism. Much of his research seeks to use economic principles to determine whether a law is worthwhile. Nearly everyone here would disagree vehemently with his views on economics.

      That said, he's obviously mad the right decision here.

      To believe that markets determine value is to believe that milk comes from plastic bottles. Bromley (1985)

      by sneakers563 on Thu Sep 04, 2014 at 02:00:47 PM PDT

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      •  He's very bright, very principled, his economics (2+ / 0-)
        Recommended by:
        freelunch, NotStupidinTexas

        I disagree with, but he's stuck by some
        very good principles even where his patrons
        hated it.

        His principles cost him a shot at the supreme court.

        He's no Sotomayor, but he's also no alito.

      •  I was thinking the same thing (0+ / 0-)

        The decision had a lot of law-and-economics thinking in it, and although I kind of enjoyed (OK, OK, really enjoyed) watching it being applied to this legal context, I'm not in general a fan of having that particular doctrine expanded in any context.

        That said, I did enjoy watching Posner rip the pro-discrimination "arguments" to shreds, even on that basis.  I guess I kinda already said that.

        And Posner is a good writer (or his law clerks are, or both).

        "A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence agst. foreign danger, have been always the instruments of tyranny at home." - James Madison

        by gharlane on Fri Sep 05, 2014 at 12:22:14 PM PDT

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    •  There are some in the Law and Economics (2+ / 0-)
      Recommended by:
      Mike Kahlow, sfbob

      field (not Posner) who would like to take us back to Lochner.  Janice Rogers Brown is a primary example of how retrogressive Law and Economics can get.

      Anyone arguing that there's no difference between the parties is a fucking moron who can simply go to hell. -- kos

      by Its the Supreme Court Stupid on Thu Sep 04, 2014 at 02:14:06 PM PDT

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