More. . .
Jump to:
Richard A. Posner

Academic Faculty

Senior Lecturers

Richard A. Posner

Senior Lecturer in Law (retired)

Biography

Following his graduation from Harvard Law School, Judge Posner clerked for Justice William J. Brennan, Jr. From 1963 to 1965, he was an assistant to Commissioner Philip Elman of the Federal Trade Commission. For the next two years, he was an assistant to the solicitor general of the United States. Prior to going to Stanford Law School in 1968 as Associate Professor, Judge Posner served as general counsel of the President's Task Force on Communications Policy. He first came to the University of Chicago Law School in 1969, and was Lee and Brena Freeman Professor of Law prior to his appointment in 1981 as a judge of the US Court of Appeals for the Seventh Circuit. He was the chief judge of the court from 1993 to 2000.

Judge Posner has written a number of books, including Economic Analysis of Law (9th ed., 2014); The Economics of Justice (1981); Law and Literature (3rd ed. 2009); The Problems of Jurisprudence (1990); Cardozo: A Study in Reputation (1990); The Essential Holmes (1992); Sex and Reason (1992); Overcoming Law (1995); The Federal Courts: Challenge and Reform (1996); Law and Legal Theory in England and America (1996); The Problematics of Moral and Legal Theory (1999); Antitrust Law (2d ed. 2001); Law, Pragmatism, and Democracy (2003); Catastrophe: Risk and Response (2004); Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (2005); How Judges Think (2008); A Failure of Capitalism: The Crisis of '08 and the Descent into Depression (2009); The Crisis of Capitalist Democracy (2010); The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice (coauthored with Lee Epstein and William M. Landes) (2013); and Reflections on Judging (2013). He also wrote books on the Clinton impeachment and Bush v. Gore, many articles in legal and economic journals, and book reviews in the popular press.

He has taught administrative law, antitrust, economic analysis of law, history of legal thought, conflict of laws, regulated industries, law and literature, the legislative process, family law, primitive law, torts, civil procedure, evidence, health law and economics, law and science, and jurisprudence. He was the founding editor of the Journal of Legal Studies and (with Orley Ashenfelter) the American Law and Economics Review. He is an Honorary Bencher of the Inner Temple and a corresponding fellow of the British Academy, and was also the President of the American Law and Economics Association from 1995 to 1996 and the honorary President of the Bentham Club of University College, London, for 1998. He has received honorary degrees from leading American and foreign universities, along with a number of awards, including the Thomas Jefferson Memorial Foundation Award in Law from the University of Virginia in 1994; the Marshall-Wythe Medallion from the College of William and Mary in 1998; the 2003 Research Award from the Fellows of the American Bar Foundation; the 2003 John Sherman Award from the US Department of Justice; the Learned Hand Medal for Excellence in Federal Jurisprudence from the Federal bar Council in 2005; the Thomas C. Schelling Award from the John F. Kennedy School of Government at Harvard University in 2005; and the Ronald H. Coase Medal from the American Law and Economics Association in 2010.

Education and Experience

EDUCATION

Harvard University
LLB, magna cum laude, 1962

  • Fay Diploma
  • Sears and Beale Prizes
  • President, Harvard Law Review

Yale University
AB, summa cum laude, 1959

  • Phi Beta Kappa (elected junior year)
  • Scholar of the House
  • Saybrook Fellows' Prize

EXPERIENCE

The University of Chicago Law School
Senior Lecturer, 1981-present
Lee and Brena Freeman Professor of Law, 1978-1981
Professor of Law, 1969-1978

United States Court of Appeals for the Seventh Circuit
Circuit Judge, 1981-2017
Chief Judge, 1993-2000

Lexecon Inc.
President, 1977-1981

National Bureau of Economic Research
Research Associate, 1971-1981

Stanford University
Associate Professor of Law, 1968-1969

President's Task Force on Communications Policy
General Counsel, 1967-1968

Solicitor General's Office
Assistant to the Solicitor General of the United States (Thurgood Marshall), 1965-1967

Federal Trade Commission
Assistant to Commissioner Philip Elman, 1963-1965

Supreme Court of the United States
Law Clerk to Justice William J. Brennan, Jr., 1962-1963

Publications

Books (Author)

  • Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments (CreateSpace, 2017).cu
  • The Federal Judiciary: Strengths and Weaknesses (Harvard University Press, 2017).cu
  • Divergent Paths: The Academy and the Judiciary (Harvard University Press, 2016).cu
  • Economic Analysis of Law (9th ed.) (Wolters Kluwer Law & Business, 2014).cu
  • The Behavior of Federal Judges: a Theoretical and Empirical Study of Rational Choice (Harvard University Press, 2013) (with Lee Epstein & William M. Landes).cu
  • Reflections on Judging (Harvard University Press, 2013).cu
  • Economic Analysis of Law (8th ed.) (Aspen, 2011).cu
  • The Crisis of Capitalist Democracy (Harvard University Press, 2010).cu
  • A Failure of Capitalism: The Crisis of '08 and the Descent into Depression (Harvard University Press, 2009).cu
  • Uncommon Sense: Economic Insights, from Marriage to Terrorism (University of Chicago Press, 2009) (with Gary S. Becker).cu
  • Law and Literature (3rd Rev. ed.) (Harvard University Press, 2009).cu
  • How Judges Think (Harvard University Press, 2008).cu
  • The Little Book of Plagiarism (Pantheon Books, 2007).cu
  • Uncertain Shield : The U.S. Intelligence System in the Throes of Reform (Rowman and Littlefield, 2006).cu
  • Not a Suicide Pact: The Constitution in a Time of National Emergency (Oxford University Press, 2006).cu
  • Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (Hoover Institution, Roman & Littlefield, 2005).cu
  • Remaking Domestic Intelligence (Hoover Institution Press, 2005).cu
  • The Political Economy of Intellectual Property Law (AEI-Brookings Joint Center for Regulatory Studies, 2004) (with William M. Landes).cu
  • Catastrophe: Risk and Response (Oxford University Press, 2004).cu
  • Law, Pragmatism, and Democracy (Harvard University Press, 2003).cu
  • Economic Analysis of Law (6th ed.) (Aspen, 2003).cu
  • The Economic Structure of Intellectual Property Law (Harvard University Press, 2003) (with William M. Landes) (also published in Spanish and Chinese).cu
  • Law, Economics and Democracy: Three Lectures in Greece (Ant. N. Sakkoulas Publishers, 2002).cu
  • The problematics of moral and legal theory (London, 2002).cu
  • The Economics of Public Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001).cu
  • The Economic Structure of the Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001).cu
  • Frontiers of Legal Theory (Harvard University Press, 2001).cu
  • The Economics of Private Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001).cu
  • Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts (Princeton University Press, 2001).cu
  • Public Intellectuals: A Study of Decline (Harvard University Press, 2001).cu
  • Natural Monopoly and Its Regulation (30th Anniversary ed.) (Cato Institute, 1999).cu
  • An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (Harvard University Press, 1999).cu
  • The Problematics of Moral and Legal Theory (Harvard University Press, 1999).cu
  • Economic Analysis of Law (5th ed.) (Aspen, 1998).cu
  • Law and Legal Theory in England and America (Clarendon Press/Oxford University Press, 1996).cu
  • A Guide to America's Sex Laws (University of Chicago Press, 1996) (with Katharine Silbaugh).cu
  • Aging and Old Age (The University of Chicago Press, 1995).cu
  • Overcoming Law (Harvard University Press, 1995).cu
  • Economics, Time and Age (Economic and Social Research Institute, 1994).cu
  • Private Choices and Public Health: The AIDS Epidemic in an Economic Perspective (Harvard University Press, 1993) (with Tomas J. Philipson).cu
  • The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr. (University of Chicago Press, 1992).cu
  • Sex and Reason (Harvard University Press, 1992).cu
  • Economic Analysis of Law (4th ed.) (Little Brown and Company, 1992).cu
  • Economic Analysis of Law (4th ed.) (Little Brown and Company, 1992).cu
  • Cardozo: A Study in Reputation (University of Chicago Press, 1990).cu
  • The Problems of Jurisprudence (Harvard University Press, 1990).cu
  • Law and Literature: A Misunderstood Relation (Harvard University Press, 1988).cu
  • The Economic Structure of Tort Law (Harvard University Press, 1987) (with William M. Landes) (also published in Chinese).cu
  • Economic Analysis of Law (3rd ed.) (Little Brown and Company, 1986).cu
  • The Federal Courts: Crisis and Reform (Harvard University Press, 1985).cu
  • Antitrust: Cases, Economic Notes and Other Materials, 1984 Supplement (West Publishing Company, 1984) (with Frank H. Easterbrook).cu
  • Antitrust: Cases, Economic Notes, and Other Materials, 1982 Supplement (West Publishing Company, 1982) (with Frank H. Easterbrook).cu
  • Tort Law: Cases and Economic Analysis (Little Brown and Company, 1982).cu
  • Antitrust: Cases, Economic Notes and Other Materials (2d ed.) (West Publishing Company, 1981) (with Frank H. Easterbrook).cu
  • The Economics of Justice (Harvard University Press, 1981).cu
  • Economics of Corporation Law and Securities Regulation (Little Brown and Company, 1980).cu
  • The Economics of Contract Law (Little Brown and Company, 1978).cu
  • Economic Analysis of Law (2nd ed.) (Little Brown and Company, 1977).cu
  • The Workload of the Supreme Court (American Bar Foundation, 1976).cu
  • Antitrust Law: An Economic Perspective (University of Chicago Press, 1976).cu
  • The Robinson-Patman Act: Federal Regulation of Price Differences (American Enterprise Institute, 1976).cu
  • Antitrust: Cases, Economic Notes, and Other Materials (West Publishing Company, 1974).cu
  • Economic Analysis of Law (Little Brown and Company, 1973).cu
  • Regulation of Advertising by the FTC (American Enterprise Institute for Public Policy, 1973).cu

Books (Editor)

  • The Coase Theorem vol. I: Origins, Restatements and Extensions. (Edward Elgar Publishing Ltd., 2013) (edited with Francesco Parisi). cu
  • The Coase Theorem Vol. II: Criticisms and Applications. (Edward Elgar Publishing Ltd., 2013) (edited with Francesco Parisi). cu
  • Economic Foundations of Private Law. (Edward Elgar Publishing Ltd, 2002) (edited with Francesco Parisi). cu
  • Law and Economics. (Edward Elgar, 1997) (edited with Francesco Parisi). cu

Journal Articles

  • "When It Comes to Business, the Right and Left Sides of the Court Agree," 54 Washington University Journal of Law and Policy 33 (2017) (with Lee Epstein & William M. Landes ). cu
  • "Legal Research and Practical Experience," 84 University of Chicago Law Review 239 (2017). cu
  • "Faux Originalism," 20 Green Bag 109 (2016) (with Eric A. Segall). cu
  • "Michael C. Dorf's "Review" of Richard A. Posner, Divergent Paths: The Academy and the Judiciary," 66 Journal of Legal Education 203 (2016). cu
  • "What Is Obviously Wrong With The Federal Judiciary, Yet Eminently Curable: Part II," 19 Green Bag 257 (2016). cu
  • "The Management of Staff by Federal Court of Appeal Judges," 69 Vanderbilt Law Review 479 (2016) (with G. M. Gulati). cu
  • "What Is Obviously Wrong With The Federal Judiciary, Yet Eminently Curable: Part I," 19 Green Bag 187 (2016). cu
  • "On Hearsay," 84 Fordham Law Review 1465 (2015). cu
  • "The Law of the Lands (review of Stephen Breyer, The Court and the World: American Law and the New Global Realities)," 93 Foreign Affairs 138 (2015). cu
  • "Eighteen Years On: A Re-Review (reviewing William N. Eskridge, Jr., The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (1996))," 125 Yale Law Journal 533 (2015). cu www
  • "Comment on Professor Gluck's "Imperfect Statutes, Imperfect Courts"," 129 Harvard Law Review 11 (2015). cu
  • "The Best for Last: The Timing of U.S. Supreme Court Decisions," 64 Duke Law Journal 101 (2015) (with Lee Epstein & William M. Landes ). cu www
  • "Revisiting the Ideology Rankings of Supreme Court Justices," 44 Journal of Legal Studies S295 (2015) (with Lee Epstein & William M. Landes ). cu www
  • "Foreword: What Books on Law Should Be," 112 Michigan Law Review 859 (2014). cu
  • "What Young (and Old) Lawyers Need to Know about Judges," 43 Colorado Lawyer 75 (2014). cu
  • "Book Review (reviewing Louis Kaplow, Competition Policy and Price Fixing (2013))," 79 Antitrust Law Journal 761 (2014). cu
  • "Mock Trials and Real Justices and Judges," 34 Cardozo Law Review 2111 (2013) (Appendix charts: https://chicagounbound.uchicago.edu/journal_articles/2748). cu
  • "Why Is There No Milton Friedman Today?," 10 Econ Journal Watch 210 (2013). cu
  • "Jervis on Complexity Theory," 24 Critical Review 367 (2013). cu
  • "Behavioral Finance Before Kahneman," 44 Loyola University Chicago Law Journal 1341 (2013). cu
  • "Instrumental and Noninstrumental Theories of Tort Law," 88 Indiana Law Journal 469 (2013). cu
  • "The Supreme Court and Celebrity Culture," 88 Chicago-Kent Law Review 299 (2013). cu
  • "Judicial Opinions and Appellate Advocacy in Federal Courts - One Judge's Views," 51 Duquesne Law Review 3 (2013). cu
  • "How Business Fares in the Supreme Court," 97 Minnesota Law Review 1431 (2013) (with Lee Epstein & William M. Landes). cu
  • "Introduction," 80 University of Chicago Law Review 1 (2013) (with Eric A. Posner & Adam B. Cox). cu
  • "Are Even Unanimous Decisions in the United States Supreme Court Ideological?," 106 Northwestern University Law Review 699 (2012) (with William M. Landes & Lee Epstein). cu
  • "The Romance of Force: James Fitzjames Stephen on Criminal Law," 10 Ohio State Journal of Criminal Law 263 (2012). cu
  • "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis," 3 Journal of Legal Analysis 101 (2011) (with William M. Landes & Lee Epstein). cu
  • "The Bluebook Blues (reviewing Harvard Law Review Association, The Bluebook: A Uniform System of Citation (19th ed., 2010))," 120 Yale Law Journal 852 (2011). cu
  • "Judicial Review, a Comparative Perspective: Israel, Canada, and the United States," 31 Cardozo Law Review 2393 (2010) (remarks from roundtable discussion). cu
  • "From the New Institutional Economics to Organization Economics: With Applications to Corporate Governance, Government Agencies, and Legal Institutions," 6 Journal of Institutional Economics 1 (2010). cu
  • "Inferring the Winning Party in the Supreme Court from the Pattern of Questioning at Oral Argument," 39 Journal of Legal Studies 433 (2010) (with William M. Landes & Lee Epstein). cu
  • Response, "Reply to Comments", 6 Journal of Institutional Economics 139 (2010). cu
  • "Financial Regulatory Reform:The Politics of Denial," 6 Economists' Voice 1 (2009). cu www
  • "Uncertainty Aversion and Economic Depressions," 52 Challenge 25 (2009). cu
  • "The Economics of Presidential Pardons and Commutations," 38 Journal of Legal Studies 61 (2009). cu
  • "Rational Judicial Behavior: A Statistical Study," 1 Journal of Legal Analysis 775 (2009) (with William M. Landes). cu
  • "The Decline and Fall of AT&T: A Personal Recollection," 61 Federal Communications Bar Journal 11 (2008). cu
  • "The Decline of Literary Criticism," 32 Philosophy and Literature 385 (2008). cu
  • "Is the Obesity Epidemic a Public Health Problem? (reviewing Zoltan J. Acs & Alan Lyles, Obesity, Business, and Public Policy, (2007))," 46 Journal of Economic Literature 972 (2008) (with Tomas J. Philipson). cu
  • "The Latest Intelligence Crisis," 23 Intelligence and National Security 371 (2008) (with John McCreary). cu
  • "Classic Revisited: Penal Theory in Paradise Lost," 105 Michigan Law Review 1049 (2007) (with Jillisa Brittan). cu
  • "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 435 (2007). cu
  • "Reasoning by Analogy (reviewing Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument (2005))," 91 Cornell Law Review 761 (2006). cu
  • "Legal Reason: The Use of Analogy in Legal Argument," 91 Cornell Law Review 761 (2006). cu
  • "The Constitution in a Time of National Emergency: An Interview with Judge Richard Posner," 70 Social Education 446 (2006) (with James Landman). cu
  • "Do We Have Too Many Intellectual Property Rights?," 9 Marquette Intellectual Property Law Review 173 (2006). cu
  • "Justice Breyer Throws Down the Gauntlet (reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005))," 115 Yale Law Journal 1699 (2006). cu
  • "A Review of Steven Shavell's Foundations of Economic Analysis of Law (reviewing Steven Shavell, Foundations of Economic Analysis of Law (2004))," 44 Journal of Economic Literature 405 (2006). cu
  • "The Importance of Property Rights in the Common Law Tradition," 38473 Economic Education Bulletin 67 (2005). cu
  • "Catastrophic Risks, Resource Allocation, and Homeland Security," Journal of Homeland Security __ (2005). cu www
  • "Intellectual Property: The Law-and-Economics Approach," 19 Journal Of Economic Perspectives 57 (2005). cu
  • "Intelligence Failures : An Organizational Economics Perspective," 19 Journal Of Economic Perspectives 151 (2005) (with Luis Garicano). cu www
  • "Brandeis and Holmes, Business and Economics, Then and Now," 1 Review of Law and Economics __ (2005). cu
  • "Vertical Restrictions and 'Fragile' Monopoly," 50 Antitrust Bulletin 499 (2005). cu
  • Response, "Deliberative Democracy: An Empirical Note", 3 Election Law Journal 698 (2004). cu
  • "Law and Economics in Common-Law, Civil-Law, and Developing Nations," 17 Ratio Juris 66 (2004). cu
  • "An Empirical Analysis of the Patent Court," 71 University of Chicago Law Review 111 (2004) (with William M. Landes). cu
  • "Pragmatic Liberalism versus Classical Liberalism (reviewing Richard A. Epstein, Skepticism and Freedom: A Modern Case for Classical Liberalism (2003))," 71 University of Chicago Law Review 659 (2004). cu
  • "Law, Pragmatism, and Democracy: Reply to Somin," 16 Critical Review 465 (2004). cu
  • "Legal Pragmatism," 35 Metaphilosophy 147 (2004). cu
  • "The 2000 Presidential Election: A Statistical and Legal Analysis," 12 Supreme Court Economic Review 1 (2004). cu
  • Response, "Legal Pragmatism Defended", 71 University of Chicago Law Review 683 (2004). cu
  • "Murder They Wrote (reviewing Stephen Kern, A Cultural History of Causality: Murder Novels, and Systems of Thoughts (2004))," 306 Science 2193 (2004). cu
  • "Indefinitely Renewable Copyright," 70 University of Chicago Law Review 471 (2003) (with William M. Landes). cu
  • "The Constitutionality of the Copyright Term Extension Act: Economics, Politics, Law, and Judicial Technique in Eldred v. Ashcroft," 2003 Supreme Court Review 143 (2003). cu
  • "Law and Economics in Common Law and Civil Law Nations," 7 Associations: Journal for Legal and Social Theory 77 (2003). cu
  • "The Long-Run Growth in Obesity as a Function of Technological Change," 46 Perspectives in Biology and Medicine S87 (2003) (with Tomas J. Philipson). cu
  • "Hayek, the Mind, and Spontaneous Order: A Critique," 2 Transactional Viewpoints 1 (2003). cu
  • "Dewey and Democracy: A Critique," 1 Transactional Viewpoints 1 (2002). cu
  • "The Law and Economics of Intellectual Property," Daedalus __ (2002). cu
  • "Public Intellectual Par Excellence (reviewing Christopher Hitchens, Why Orwell Matters (2002))," 26 Wilson Quarterly 111 (2002). cu
  • "Behavioral Law and Economics: A Critique," 42 Economic Education Bulletin __ (2002). cu
  • "How I Approach the Decision of an ERISA Case," 14 New York University Review of Employee Benefits and Executive Compensation 1 (2002). cu
  • "In the United States Court of Appeals for the Fourteenth Circuit," 34 Loyola of Los Angeles Law Review 1345 (2001). cu
  • "Harmless Error," 30 Journal of Legal Studies 161 (2001) (with William M. Landes). ssrn cu
  • "Against Footnotes," 38 Court Review 24 (2001). cu
  • "Bush v. Gore: Prolegomenon to an Assessment," 68 University of Chicago Law Review 719 (2001). cu
  • "What Has Modern Literary Theory to Offer Law? (reviewing Guyora Binder & Robert Weisberg, Literary Criticisms of Law (2000))," 53 Stanford Law Review 195 (2000). cu
  • "Book Review (reviewing Jeremy Waldron, Law and Disagreement (1999))," 100 Columbia Law Review 582 (2000). cu
  • "An Economic Analysis of the Use of Citations Analysis in the Law," 2 American Law and Economics Review 381 (2000). cu
  • "Animal Rights (reviewing Steven M. Wise, Rattling the Cage: Toward Legal Rights for Animals (2000))," 110 Yale Law Journal 527 (2000). cu
  • "Citations, Age, Fame, and the Web," 29 Journal of Legal Studies 319 (2000) (with William M. Landes). cu
  • "Eguaglianza economica e libertà politica," 153 Biblioteca della libertà 3 (2000). cu
  • "Orwell versus Huxley: Economics, Technology, Privacy and Satire," 24 Philosophy and Literature 1 (2000). cu
  • "The Ethics of Judicial Commentary: A Reply to Lubet," 37 Court Review 6 (2000). cu
  • "The Law and Economics of the Expert Economic Witness," 13 Journal Of Economic Perspectives 91 (1999). cu
  • "Employment Discrimination: Age Discrimination and Sexual Harassment," 19 International Review of Law and Economics 421 (1999). cu
  • "Cultural Studies and the Law (reviewing Paul W. Kahn, The Cultural Study of Law; Reconstructing Legal Scholarship (1999))," Raritan 42 (1999). cu
  • "Analisi economica del diritto privato e commerciale: una rassegna," 148 Biblioteca della libertà 3 (1999) (with Francesco Parisi). cu
  • "Judicial Case Management," 1999/2000 Inner Temple Yearbook 58 (1999). cu
  • "The Problematics of Moral and Legal Theory," 111 Harvard Law Review 1637 (1998). cu
  • "Creating a Legal Framework for Economic Development," 13 World Bank Research Observer 1 (1998). cu
  • "Against Ethical Criticism: Part Two," 22 Philosophy and Literature 416 (1998). cu
  • "Bentham's Influence on the Law and Economics Movement," 51 Current Legal Problems 425 (1998). cu
  • "Perché non bisogna preoccuparsi dell'invecchiamento della popolazione," 140 Biblioteca della libertà 9 (1998). cu
  • "In Memoriam: William J. Brennan," 111 Harvard Law Review 9 (1997). cu
  • "Book Review (reviewing William N. Eskridge, The Case for Same-Sex Marriage: From Sexual Liberty to Civilized commitment (1996))," 95 Michigan Law Review 1578 (1997). cu
  • "Should There Be Homosexual Marriage? Is So, Who Should Decide? (reviewing William N. Eskridge, Jr., The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (1996))," 95 Michigan Law Review 1578 (1997). cu
  • "Narrative and Naratology in Classroom and Courtroom," 21 Philosophy and Literature 292 (1997). cu
  • "Against Ethical Criticism," 21 Philosophy and Literature 1 (1997). cu
  • "The Future of Law and Economics in Europe," 17 International Review of Law and Economics 3 (1997). cu
  • "Are We One Self or Multiple Selves? Implications for Law and Public Policy," 3 Legal Theory 23 (1997). cu
  • "Market Power in Antitrust Cases Market Power: Concept and Measurement," 27 Journal of Reprints for Antitrust Law and Economics 493 (1997) (with William M. Landes) (originally published as 94 Harvard Law Review 937 1981). cu
  • "Social Norms and the Law: An Economic Approach," 87 American Economic Review 365 (1997). cu
  • "Rational Choice, Public Policy, and AIDS: A Comment," 8 Rationality and Society 498 (1996) (with Tomas J. Philipson). cu
  • "Contribution among Antitrust Defendants: A Legal And Economic Analysis," 26 Journal of Reprints for Antitrust Law and Economics 337 (1996) (with Frank H. Easterbrook & William M. Landes) (originally published as 23 Journal of Law & Economics 331 1980). cu
  • "Sexual Behavior, Disease, and Fertility Risk," 1 Risk Decision and Policy 91 (1996) (with Tomas J. Philipson). cu
  • "The Sociology of the Sociology of Law: A View From Economics," 2 European Journal of Law and Economics 265 (1995). cu
  • Response, "Response to Clark Freshman, Were Patricia Williams and Ronald Dworkin Separated at Birth?", 95 Columbia Law Review 1610 (1995). cu
  • "Heavily Cited Articles in Law," 71 Chicago-Kent Law Review 825 (1995) (with William M. Landes). cu
  • "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 25 Journal of Reprints for Antitrust Law and Economics 825 (1995) (with William M. Landes). cu
  • "The Microeconomics of the AIDS Epidemic in Africa," 21 Population and Development Review 835 (1995) (with Tomas J. Philipson). cu
  • "A Thoretical and Empirical Investigation of Public Health Subsidies for STD Testing," 105 Quarterly Journal of Economics 445 (1995) (with Tomas J. Philipson). cu
  • "Working Within the Confines of Our Current Judiciary," 3 Long Term View: A Journal of Informed Opinion 32 (1995). cu
  • "The Hand Biography and the Question of Judicial Greatness (reviewing Gerald Gunther, Learned Hand: The Man and the Judge (1994))," 104 Yale Law Journal 511 (1994). cu
  • "The Economics of Anticipatory Adjudication," 23 Journal of Legal Studies 683 (1994) (with William M. Landes). cu
  • "Executive Detention in Wartime (reviewing A.W. Brian Simpson, In the Highest Degree Odious: Detention Without Trial in Wartime Britain (1992))," 92 Michigan Law Review 1675 (1994). cu
  • "Book Review (reviewing Fred R. Shapiro, The Oxford Dictionary of American Legal Quotations (1993))," 63 American Scholar 449 (1994). cu
  • "Legal Scholarship Today," 45 Stanford Law Review 1647 (1993). cu
  • "The Influence of Economics on Law: A Quantitative Study," 36 Journal of Law and Economics 153 (1993) (with William M. Landes). cu
  • "Richard Rorty's Politics," 7 Critical Review 33 (1993). cu
  • "How I Write," 4 Scribes Journal of Legal Writing 45 (1993). cu
  • "Cross-Cultural Differences in Family and Sexual Life: An Economic Analysis," 5 Rationality and Society 421 (1993) (with Gary S. Becker). cu
  • "The New Institutional Economics Meets Law and Economics," 149 Journal of Institutional and Theoretical Economics 73 (1993). cu
  • "Ronald Coase and Methodology," 7 Journal Of Economic Perspectives 197 (1993). cu
  • "Reply to Coase and Williamson," 149 Journal of Institutional and Theoretical Economics 119 (1993). cu
  • "Medieval Iceland and Modern Scholarship (reviewing William Ian Miller, Bloodtaking and Peacemaking: Feud, Law and Society in Saga Iceland (1990))," 90 Michigan Law Review 1495 (1992). cu
  • "Book review (reviewing Bruce A. Ackerman, We the People, vol. 1: Foundations (1991))," 56 Transition 68 (1992). cu
  • "Democracy and Dualism (reviewing Bruce A. Ackerman, We the People vol. 1: Foundations (1991))," 56 Transition 68 (1992). cu
  • "Book Review (reviewing Bruce Ackerman, The Future of Liberal Revolution (1992))," 1 East European Constitutional Review 35 (1992). cu
  • "Ms. Aristotle," 70 University of Texas Law Review 1013 (1992). cu
  • "Law as Politics: Horwitz on American Law, 1870-1960," 6 Critical Review 559 (1992). cu
  • "From Von's to Schwinn to the Chicago School: Interview with Judge Richard Posner, Seventh Circuit Court of Appeals," 6 Antitrust 4 (1992). cu
  • "Some Economics of Trade Secret Law," 5 Journal Of Economic Perspectives 61 (1991) (with William M. Landes & David D. Friedman). cu
  • "A Tribute to Justice William J. Brennan, Jr.," 104 Harvard Law Review 13 (1990). cu
  • "An Economic Analysis of Sex Discrimination Laws," 56 University of Chicago Law Review 1311 (1989). cu
  • "A Comment on Richard Weisberg's Interpretation of Billy Budd," 1 Cardozo Studies in Law and Literature 71 (1989). cu
  • "Gregor Samsa Replies," 83 Northwestern University Law Review 1022 (1989). cu
  • "An Economic Approach to Issues of Religious Freedom," 56 University of Chicago Law Review 1 (1989) (with Michael W. McConnell). cu
  • "Art for Law's Sake," 58 American Scholar 513 (1989). cu
  • "An Economic Analysis of Copyright Law," 18 Journal of Legal Studies 325 (1989) (with William M. Landes). cu
  • "Jurisprudential Responses to Legal Realism," 73 Cornell Law Review 326 (1988). cu
  • "The Economics of Trademark Law," 78 Trademark Reporter 267 (1988) (with William M. Landes). cu
  • "Comment: Responding to Gordon Tullock," 2 Research in Law and Policy Studies 29 (1988). cu
  • "Book Review (reviewing Eskridge, William N., J., Cases and Materials on Legislation: Statutes and the Creation of Public Policy (1988))," 74 Virginia Law Review 1567 (1988). cu
  • "The Law and Economics Movement," 77 American Economic Review 1 (1987). cu
  • "The Justice of Economics," 1987 Economia delle Scelte Pubbliche 15 (1987). cu
  • "Trademark Law: An Economic Perspective," 30 Journal of Law and Economics 265 (1987) (with William M. Landes). cu
  • "From Billy Budd to Buchenwald (reviewing Weisberg, Richard H., The Failure of the Word: The Protagonist as Lawyer in Modern Fiction (1984))," 96 Yale Law Journal 1173 (1987). cu
  • "Book Review (reviewing Frederic Rogers Kellog, The Formative Essays of Justice Holmes: The Making of an American Legal Philosophy (1984) and H. L. Pohlman, Justice Oliver Wendell Holmes and Utilitarian Jurisprudence (1984))," 53 George Washington Law Review 870 (1985). cu
  • "A Positive Economic Analysis of Products Liability," 14 Journal of Legal Studies 535 (1985) (with William M. Landes). cu
  • "Tort Law as a Regulatory Regime for Catastrophic Personal Injuries," 13 Journal of Legal Studies 417 (1984) (with William M. Landes). cu
  • "Wealth Maximization and Judicial Decision-Making," 4 International Review of Law and Economics 131 (1984). cu
  • "Causation in Tort Law: An Economic Approach," 12 Journal of Legal Studies 109 (1983) (with William M. Landes). cu
  • "Book Review (reviewing Michael E. Parrish, Felix Frankfurter and His Times: The Reform Years (1982))," 67 Minnesota Law Review 292 (1982). cu
  • "The Economics of Privacy," 71 American Economic Review 405 (1981). cu
  • "An Economic Theory of Intentional Torts," 1 International Review of Law and Economics 127 (1981) (with William M. Landes). cu
  • "Benefits and Costs of Airline Mergers: A Case Study," 11 Bell Journal of Economics 65 (1980) (with William M. Landes & Dennis W. Carlton). cu
  • "Legal Change, Judicial Behavior, and the Diversity Jurisdiction," 9 Journal of Legal Studies 367 (1980) (with William M. Landes). cu
  • "The Economics of Passing On: A Reply to Harris and Sullivan," 128 University of Pennsylvania Law Review 1274 (1980) (with William M. Landes). cu
  • "Market Power in Antitrust Cases," 94 Harvard Law Review 937 (1980) (with William M. Landes) (reprinted in 27 Journal of reprints for Antitrust and Economics 493 1995). cu
  • "Contribution among Antitrust Defendants: A Legal and Economic Analysis," 23 Journal of Law and Economics 331 (1980) (with Frank H. Easterbrook & William M. Landes). cu
  • "The Positive Economic Theory of Tort Law," 15 Georgia Law Review 851 (1980) (with William M. Landes). cu
  • "Anthropology and Economics," 88 Journal of Political Economy 608 (1980). cu
  • "The Homeric Version of the Minimal State," 90 Ethics 27 (1979). cu
  • "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 46 University of Chicago Law Review 602 (1979) (with William M. Landes) (reprinted in 25 Journal of reprints for Antitrust and Economics 825 1995). cu
  • "Adjudication as a Private Good," 8 Journal of Legal Studies 235 (1979) (with William M. Landes). cu
  • "Altruism in Law and Economics," 68 American Economic Review 417 (1978) (with William M. Landes). cu
  • "Salvors, Finders, Good Samaritans, and Other Rescuers: An Economic Study of Law and Altruism," 7 Journal of Legal Studies 83 (1978) (with William M. Landes). cu
  • "Should We Tax Virgin Materials to Finance Waste Disposal?," 9 Waste Age 12 (1978) (with William M. Landes). cu
  • "An Approach to the Regulation of Bank Holding Companies," 51 Journal of Business 379 (1978) (with Fischer Black & Merton H. Miller). cu
  • "Book Review (reviewing Bruce M. Owen, Economics and Freedom of Expression: Media Structure and the First Amendment (1975))," 86 Yale Law Journal 567 (1977). cu
  • "The Revolution in Trust Investment Law," 62 American Bar Association Journal 887 (1976) (with John H. Langbein). cu
  • "Legal Precedent: A Theoretical and Empirical Analysis," 19 Journal of Law and Economics 249 (1976) (with William M. Landes). cu
  • "The Private Enforcement of Law," 4 Journal of Legal Studies 1 (1975) (with William M. Landes). cu
  • "The Social Cost of Monopoly and Regulation," 83 Journal of Political Economy 807 (1975). cu
  • "The Independent Judiciary in an Interest-Group Perspective," 18 Journal of Law and Economics 875 (1975) (with William M. Landes). cu
  • "Theories of Economic Regulation," 5 Bell Journal of Economics and Management Science 335 (1974). cu
  • "Economic Justice and the Economist," 33 Public Interest 109 (1973). cu
  • "The Appropriate Scope of Regulation in the Cable Television Industry," 3 Bell Journal of Economics and Management Science 98 (1972). cu
  • "Taxation by Regulation," 2 Bell Journal of Economics and Management Science 22 (1971). cu
  • "Power in America (reviewing Morton Mintz & Jerry S. Cohen, America, Inc.: Who Owns and Operates the United States (1971))," 1971 Public Interest 114 (1971). cu
  • "Book Review (reviewing Alister Sutherland, The Monopolies Commission in Action (1969))," 44 Journal of Business 236 (1971). cu
  • "Book Review (reviewing Guido Calabresi, The Cost of Accidents: A Legal and Economic Analysis (1970))," 37 University of Chicago Law Review 636 (1970). cu

Book Sections

  • "The Future of Law and Economics," in The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts, Francesco Parisi ed. (Oxford University Press, 2017) (with Gary S. Becker). cu
  • "Norms and Values in the Economic Approach to Law," in Law and Economics: Philosophical Issues and Fundamental Questions, Aristides N. Hatzis & Nicholas Mercuro eds. (Routledge, 2015). cu
  • "Manhood in Hemingway," in American Guy: Masculinity in American Law and Literature, Saul Levmore & Martha C. Nussbaum eds. (Oxford University Press, 2014). cu
  • "Ronald H. Coase - In Memoriam," in Ronald H. Coase (University of Chicago Law School, 2014). cu
  • "Trademark Law: An Economic Perspective," in Trademark and Unfair Competition Law Volume 1: Themes and Theories, Graeme B. Dinwoodie & Mark D. Janis eds. (Edward Elgar, 2014) (with William M. Landes) (originally published as 30 J Law & Economics 265 1987). cu
  • "The United States Has a Deficit Problem that Threatens Its Future," in Government Spending, Noel Merino ed. (Greenhaven Press, 2013). cu
  • "The Concept of Regulatory Capture: A Short, Inglorious History," in Preventing Regulatory Capture: Special Interest Influence and How to Limit It, Daniel Carpenter & David Moss eds. (Cambridge University Press, 2013). cu
  • "Law and Commerce in The Merchant of Venice," in Shakespeare and the Law: A Conversation Among Disciplines and Professions, Martha C. Nussbaum, Bradin Cormack & Richard Strier eds. (University of Chicago Press, 2013). cu
  • "Shakespeare's Laws: A Justice, a Judge, a Philosopher, and an English Professor," in Shakespeare and the Law: A Conversation among Disciplines and Professions, Bradin Cormack, Martha C. Nussbaum & Richard Strier eds. (University of Chicago Press, 2013) (with Martha C. Nussbaum, Stephen G. Breyer & Richard Strier). cu
  • "Foreword," in Henry Friendly, Greatest Judge of His Era, Norman Dorsen ed. (Belknap, 2012). cu
  • "Financial Regulatory Reform: The Politics of Denial," in The Economists’ Voice 2.0, Aaron S. Edlin & Joseph E. Stiglitz eds. (Columbia University Press, 2012). cu
  • "Law and Economics," in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory, James R. Hackney ed. (NYU Press, 2012). cu
  • "Walras, Keynes, and the ‘Great Recession’," in General Equilibrum Analysis: A Century after Walras, Pascal Bridel ed. (Routledge, 2011). cu
  • "On Being Overinvested in Law as a Weapon against Terrorism," in In the Balance: The Administration of Justice and National Security in Democracies, Christopher K. Penny ed. (2011). cu
  • "Regulation (Agencies) versus Litigation (Courts): An Analytic Framework," in Regulation versus Litigation: Perspectives from Law and Economics, Daniel P. Kessler ed. (University of Chicago Press, 2011). cu
  • "Economic Perspectives on Obesity Policy," in The Oxford Handbook of the Social Science of Obesity, John Cawley ed. (Oxford University Press, 2011) (with Tomas J. Philipson). cu
  • "Rorty on Law and Public Policy," in The Philosophy of Richard Rorty, Randall E. Auxier & Lewis E. Hahn eds. (2010). cu
  • "Afterword: The Causes of the Financial Crisis," in What Caused the Financial Crisis?, Jeffrey A. Friedman ed. (University of Pennsylvania Press, 2010). cu
  • "Foreword," in The Quotable Judge Posner: Selections from Twenty-Five Years of Judicial Opinions (State University of New York Press, 2010). cu
  • "Henry Hart's "Aims of the Criminal Law": A Reconsideration," in In the Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law", Timothy Lynch ed. (Cato Institute, 2009). cu
  • "The Law and Economics Movement," in Law and Economics: A Reader, Alain Marciano ed. (Routledge, 2009). cu
  • "Sex Selection - Posner's Comment," in Ultimate Blogs: Masterworks from the Wild Web, Sarah Boxer ed. (Vintage, 2008). cu
  • "The Economics of Capital Punishment," in The Economists' Voice: Top Economists Take on Today's Problems, J. B. DeLong, Aaron S. Edlin & Joseph E. Stiglitz eds. (Columbia University Press, 2008). cu
  • "Why Creative Capitalism Would Make Things Worse," in Creative Capitalism: A Conversation with Bill Gates, Warren Buffett, and Other Economic Leaders, Michael Kinsley ed. (Simon and Schuster, 2008). cu
  • "Public Policy Toward Catastrophes," in Global Catastrophic Risks, Nick Bostrom & Milan M. Cirkovic eds. (Oxford University Press, 2008). cu
  • "Cognitive Theory as the Ground of Political Theory in Plato, Popper, Dewey, and Hayek.," in Cognition and Economics, Roger R. Koppl, Carine Krecké & Elisabeth Krecké eds. (Koppl, 2007). cu
  • "Thinking about Catastrophe," in Blindside: How to Anticipate Forcing Events and Wild Cards in Global Politics, Francis Fukuyama ed. (2007). cu
  • "Foreword," in The Power to Legislate: A Reference Guide to the United States Constitution (Praeger, 2006) (with Richard E. Levy). cu
  • "The Reorganized US Intelligence System after One Year," in National Security Outlook (Special Edition) (American Enterprise Institute, 2006). cu www
  • "Censorship Versus Freedom of Expression in the Arts," in Handbook of the Economics of Art and Culture, Victor A. Ginsburgh & David Throsby eds. (2006) (with Tun-Jen Chiang). cu
  • "Community and Conscription," in Rethinking Commodification: Cases and Readings in Law and Culture, Martha C. Ertman & Joan C. Williams eds. (2005). cu
  • "The Law and Economics Movement: From Bentham to Becker," in The Origins of Law and Economics: Essays by the Founding Fathers, Francesco Parisi & Charles K. Rowley eds. (2005). cu
  • "The Evolution of Economic Thinking about Legislation and Its Interpretation by Courts," in The Theory and Practice of Legislation: Essays in Legisprudence, Philippe Carly, Luc Thion & Melanie Wintgens eds. (2005). cu
  • "Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property," in Direito Empresarial: Aspectos Atuais de Direito Empresarial Brasileiro e Comparado, Ecio P. Junior, Daniel Kalansky & Luis Peyser eds. (2005). cu
  • "Torture, Interrogation, and Terrorism," in Torture: A Collection, Sanford Levinson ed. (2004). cu
  • "Foreword," in Competencia Económica: Aspectos Jurídicos y Económicos, by Francisco González de Cossio, Francisco . de Cossio ed. (2004). cu
  • "Legal Pragmatism," in The Range of Pragmatism and the Limits of Philosophy, Richard Shusterman ed. (2004). cu
  • "Animal Rights: Legal, Philosophical, and Pragmatic Perspectives," in Animal Rights: Current Debates and New Directions, Martha C. Nussbaum & Cass R. Sunstein eds. (2004). cu
  • "John Dewey and the Intersection of Democracy and Law," in Dewey, Pragmatism, and Economic Methodology, Elias L. Khalil ed. (2004). cu
  • "Federalism and the Enforcement of Antitrust Laws by State Attorneys General," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy, Richard A. Epstein & Michael Greve eds. (2004). cu
  • "The Truth About Our Liberties," in Rights vs. Public Safety after 9/11: American in the Age of Terrorism, Amitai Etzioni & Jason H. Marsh eds. (2003). cu
  • "On Liberty: A Revaluation," in On Liberty, David Bromwich & George Kateb eds. (2003). cu
  • "Foreword," in The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis (Ant. N. Sakkoulas Publishers, 2003) (with Aspasia Tsaoussis-Hatzis). cu
  • "Bush v. Gore as Pragmatic Adjudication," in A Badly Flawed Election: Debating Bush v. Gore, the Supreme Court, and American Democracy, Ronald Dworkin ed. (2002). cu
  • "Foreword," in Antitrust Law (2001) (Korean translation). cu
  • "The Speech Market and the Legacy of Schenck," in Eternally Vigilant: Free Speech in the Modern Era, Geoffrey R. Stone & Lee C. Bollinger eds. (University of Chicago Press, 2001). cu
  • "Foreword," in Policy and Pragmatism in the Conflict of Laws (Ashgate/Dartmouth, 2001) (with Michael J. Whincop & Mary Keyes). cu
  • "Preface," in The Law and Economics of the Environment, Anthony Heyes ed. (2001). cu
  • "Values and Consequences: An Introduction to Economic Analysis of Law," in Chicago Lectures in Law and Economics, Eric A. Posner ed. (Foundation Press, 2000). cu
  • "Prólogo," in Derecho y Economía: Una Revisión de la Literatura, Andrés Roemer ed. (2000). cu
  • "Foreword," in Encyclopedia of Law and Economics, Vol. I: The History and Methodology of Law and Economics, Boudewijn Bouckaert & Gerrit De Geest eds. (2000). cu
  • "Foreword," in Encyclopedia of Law and Economics, Vol. I: The History and Methodology of Law and Economics., Boudewijn Bouckaert & Gerrit D. Geest eds. 2000). cu
  • "Corrective Justice," in The Philosophy of Law: An Encyclopedia., Christopher B. Gray ed. 1999). cu
  • "Emotion versus Emotionalism in Law," in The Passions of Law, Susan A. Bandes ed. (New York University Press, 1999). cu
  • "Cultural Studies and the Law," in The Cultural Study of Law: Reconstructing Legal Scholarship, Paul W. Kahn ed. (University of Chicago Press, 1999). cu
  • "Privacy," in 3 The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
  • "Legal Precedent: A Theoretical and Empirical Analysis," in Scientific Models of Legal Reasoning: Economics, Artificial Intelligence, and the Physical Sciences, Scott Brewer ed. (Garland Publications, 1998) (with William M. Landes). cu
  • "Max Weber," in 3 The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
  • "The Demand for Human Cloning," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha C. Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998) (with Eric A. Posner). cu
  • "Oliver Wendell Holmes, Jr.," in 3 The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
  • "Impossibility and Related Doctrines in Contract Law: An Economic Analysis," in Economic Analysis of Contract law, Antitrust law, and Safety Regulations, Jenny B. Wahl ed. (Taylor & Francis, 1998) (with Andrew M. Rosenfield). cu
  • "The Economics of the Baby Shortage," in Economic Analysis of Contract Law, Antitrust Law, and Safety Regulations, Jenny B. Wahl ed. (Taylor & Francis, 1998) (with Elisabeth M. Landes). cu
  • "The Economic Approach to Homosexuality," in Sex, Preference, and Family: Essays on Law and Nature, Martha C. Nussbaum & David M. Estlund eds. (Oxford University Press, 1997). cu
  • "Inégalités économique et stabilité politique.," in Les Rencontres Philosophiques de l'UNESCO: Qui Sommes-Nous?, Ayyam Sureau ed. (1996). cu
  • "Response to Martha Nussbaum, 'Platonic Love and Colorado Law: The Relevance of Ancient Greek Norms to Modern Sexual Controversies'," in The Greeks and Us: Essays in Honor of Arthur W.H. Adkins, Robert B. Louden & Paul Schollmeier eds. (1996). cu
  • "The Economics of Legal Disputes over the Ownership of Works of Art and Other Collectibles," in Essays in the Economics of the Arts, Victor A. Ginsburgh & Pierre-Michel Menger eds. (Elsevier Science, 1996) (with William M. Landes). cu
  • "Foreword," in Corporate Bankruptcy: Economic and Legal Perspectives, Barry E. Adler, Jagdeep S. Bhandari & Lawrence A. Weiss eds. (Cambridge University Press, 1996). cu
  • "Foreword," in Corporate Bankruptcy: Economic and Legal Perspectives, Barry E. Adler, Jagdeep S. Bhandari & Lawrence A. Weiss eds. (Cambridge University Press, 1996). cu
  • "Wealth Maximization and Tort Law: A Philosophical Inquiry," in Philosophical Foundations of Tort Law, David Owens ed. (Clarendon Press, 1996). cu
  • "Euthanasia and Health Care: Two Essays on the Policy Dilemmas of Aging and Old Age," in The Tanner Lectures on Human Values, Grethe B. Peterson ed. (1996). cu
  • "Foreword," in Liberty, Equality, Fraternity, James F. Stephen ed. (University of Chicago Press, 1992). cu
  • "The Separation of Powers," in Politics and the Constitution: The Nature and Extent of Interpretation, Judith A. Baer ed. (National Legal Center for the Public Interest and American Studies Center, 1990). cu
  • "Foreword," in Essays in Law and Economics: Corporations, Accident Prevention and Compensation for Losses, Michael Faure, Richard A. Posner & Roger Van Den Bergh eds. (Maklu, 1989). cu
  • "Law and Literature," in The Guide to American Law Supplement 1990 (1989). cu
  • "Comment on On the Economic Theory of Crime," in Criminal Justice, John W. Chapman & J. R. Pennock eds. (New York University Press, 1985). cu
  • "The Economic Theory of Crime," in Criminal Justice, John W. Chapman & J. R. Pennock eds. (New York University Press, 1985). cu
  • "Divestiture, Deconcentration, and Antitrust Policy.," in Europaischem und Amerikanischem Kartellrecht (FIW-Schriftenreihe Heft, 1981). cu
  • "The Federal Trade Commission's Mandated-Disclosure Program: A Critical Analysis," in Business Disclosure: Government's Need to Know, Harvey J. Goldschmid ed. (McGraw Hill, 1979). cu
  • "The Prudent Investor's Powers and Obligations in an Age of Market (Index) Funds," in Evolving Concepts of Prudence: The Changing Responsibilities of the Investment Fiduciary in the Age of ERISA, Robert W. Murphy ed. (The Financial Analysts Research Foundation, 1976). cu
  • "Power in America: The Role of the Large Corporation," in Large Corporations in a Changing Society, J. F. Weston ed. (New York University Press, 1975). cu
  • "Certificates of Need for Health Care Facilities: A Dissenting View," in Regulating Health Facilities Construction: Proceedings, Clark C. Havighurst ed. (American Enterprise Institute for Public Policy Research, 1974). cu
  • "The Probable Effects of Pay Cable Television on Culture and the Arts," in The Electronic Box Office: Humanities and Arts on the Cable, Richard Adler & Walter S. Baer eds. (Praeger, 1974). cu
  • "Truth in Advertising: The Role of Government," in Advertising and Society, Yale Brozen ed. (New York University Press, 1974). cu
  • "Problems of a Policy of Deconcentration," in Industrial Concentration: The New Learning, Harvey J. Goldschmid, H. M. Mann & J. F. Weston eds. (Little Brown, 1974). cu

Other Publications

  • "A Supremely Politicized Court," Washington Post, March 10, 2016.
  • "Scalia's Majoritarian Theocracy," New York Times, December 3, 2015 (with Eric A. Segall).
  • "The Chief Justice's Gay Marriage Dissent is Heartless," Slate, June 27, 2015. www
  • "Book Review (reviewing Robert A. Ferguson, Inferno: An Anatomy of American Punishment (2014))," New Republic, May 2014.
  • "Academe and the Judiciary at Odds," Chronicle of Higher Education, September 2013.
  • "How Gay Marriage Became Legitimate (reviewing Michael J. Klarman, From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (2012) & Jason Pierceson, Same-Sex Marriage in the United States: The Road to the Supreme Court (2013))," New Republic, July 2013, at p.40.
  • "Supreme Court 2013: The Year in Review," Slate, June 27, 2013. www
  • "Privacy Is Overrated," New York Daily News, April 28, 2013.
  • "Scalia's Opinion Seems Fit for Television:  Justice's Argument for Arizona's Law Is Permeated with Politicism," Herald and News, June 29, 2012.
  • "WikiLeaks and the First Amendment," Bulletin of the American Academy of Arts and Sciences, Spring 2012.
  • "Book Review (reviewing William J. Stuntz, Incarceration Blues: The Collapse of American Criminal Justice (1911))," New Republic, November 2011, at p.36.
  • "The Court of Celebrity (reviewing Richard Davis,Justices and Journalists: The U.S. Supreme Court and the Media (2011))," New Republic, May 2011, at p.23.
  • "Wikileaks and the Art of Shutting Up: Our Classification System Is Terrible— But Our Gossipy Diplomats Might Be Worse," New Republic Online, December 3, 2010. www
  • "Thrifty’s Not So Nifty: The Economic Principle That Explains Why We Need Another Stimulus," New Republic Online, September 22, 2010. www
  • "Just Friends (reviewing David Kirkpatrick, The Facebook Effect: The Inside Story of the Company That Is Connecting the World (2010))," New Republic, August 2010, at p.27.
  • "'Top Secret America' - A Bust," New Republic Online, July 29, 2010.
  • "Spills, Crashes and Asteroids: Never Say Never," Washington Post, June 7, 2010.
  • "1937, 2010 (reviewing Jeff Shesol, Supreme Power: Franklin vs. The Supreme Court: Supreme Power: Franklin Roosevelt vs. the Supreme Court (2010))," New Republic, March 2010, at p.36.
  • "Blame Economists, not Bankers, for the Economy's Woes," Press of Atlantic City, January 8, 2010.
  • "Remarks on Appellate Advocacy," Circuit Rider, November 2009.
  • "Simplified Language is a Good Idea," Wall Street Journal (Abstracts), August 4, 2009.
  • "Shorting Reason (reviewing George A. Akerlof & Robert J. Shiller, Animal Spirits: How Human Psychology Drives the Economy, and Why It Matters for Global Capitalism (2009))," New Republic, April 2009, at p.30.
  • "The Transformation of the Legal Profession," University of Chicago Law School Record, Fall 2009.
  • "Modesty and Power (reviewing Philip Hamburger, Law and Judicial Duty (2008))," New Republic, December 2008, at p.38.
  • "Enlightened Despot (reviewing Aharon Barak, The Judge in a Democracy (2006))," New Republic, April 2007, at p.53.
  • "The Courthouse Mice (reviewing Todd C. Peppers, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk (2006) and Artemus Ward & David L. Weid, Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court (2006))," New Republic, June 2006, at p.32.
  • "Blinkered (reviewing Malcolm Gladwell, Blink: The Power of Thinking without Thinking (2004)," New Republic, January 2005, at p.27.
  • "What's Wrong with the Patriot Act?," Legal Affairs, 2005 (Debate with Geoffrey R. Stone). www
  • "CSI (reviewing Leslie S. Klinger, ed., Baker Street: The New Annotated Sherlock Holmes (2004))," New Republic, October 2004, at p.47.
  • "The 9/11 Report: A Dissent (reviewing Final Report of the National Commission on Terrorist Attacks upon the United States (2004))," New York Times Book Review, August 30, 2004, at p.1.
  • "Lessig Blog," August 23, 2004 (Guest Blogger from August 23-29). www
  • "The People's Court (reviewing Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (2004))," New Republic, July 2004, at p.32.
  • "Richard Posner Replies [to Evan Gerstmann]," New Republic, February 2004.
  • "Leiter Reports," 2004 (Guest Blogger). www
  • "Wedding Bell Blues (reviewing Evan Gerstman, Same-Sex Marriage and the Constitution (2004))," New Republic, December 2003, at p.33.
  • "The End is Near (reviewing Margaret Atwood, Oryx and Crake: A Novel (2003))," New Republic, September 2003, at p.31.
  • "The Anti-Hero (reviewing Bruce Allen Murphy, Wild Bill: The Legend and Life of William O. Douglas (2003))," New Republic, February 2003, at p.27.
  • "The Oligarch (reviewing Daniel Kelly, James Burnham and the Struggle for the World: A Life (2002))," New Republic, December 2002, at p.39.
  • "Reflections on an America Transformed," New York Times, September 8, 2002, at p. 15.
  • "The Best Offense (reviewing Alan M. Dershowitz, Why Terrorism Works (2002)," New Republic, September 2002, at p.28.
  • "Capital Crimes (reviewing Stuart Banner, The Death Penalty: An American History (2002))," New Republic, April 2002, at p.32.
  • "In Over Their Heads," Boston Globe, January 27, 2002, at p. 1.
  • "The University as Business," The Atlantic, 2002.
  • "Richard A. Posner Replies," The Atlantic, 2002.
  • "On Plagiarism," The Atlantic, 2002.
  • "Strong Fiber After All," The Atlantic, 2002.
  • "The Professors Profess," The Atlantic, 2002.
  • "The Accidental Jurist (reviewing R. Kent Newmyer, John Marshall and the Heroic Age of the Supreme Court (2001))," New Republic, December 2001, at p.36.
  • "Dialogue: The Supreme Court and the 2000 Election," Slate, July 2, 2001 (with Alan Dershowitz). www
  • "Forum: The Triumph of Expedience: How America Lost the Election to the Courts," Harper's Magazine, May 2001 (Discussion with Pamela Karlan).
  • "Security versus Civil Liberties," The Atlantic, 2001.
  • "The Law of the Beholder (reviewing Anthony G. Amsterdam & Jerome Bruner, Minding the Law (2000))," New Republic, October 2000, at p.49.
  • "Let Them Talk (reviewing Peter Brooks, Troubling Confessions: Speaking Guilt in Law and Literature (2000))," New Republic, August 2000, at p.42.
  • "'An Affair of State': An Exchange," New York Review of Books, April 2000 (with Ronald Dworkin). cu
  • "The Moral Minority (reviewing Gertrude Himmelfarb, One Nation, Two Cultures (1999))," New York Times Book Review, December 20, 1999, at p.14.
  • "Let Employers Insist If Three Years of Law School Is Necessary," Los Angeles Daily Journal, December 15, 1999.
  • "Ask, Tell (reviewing William N. Eskridge, Jr., Gaylaw: The Apartheid of the Closet (1999))," New Republic, October 1999, at p.52.
  • "Appeal and Consent (reviewing Mark Tushnet, Taking the Constitution away from the Courts (1999))," New Republic, August 1999, at p.36.
  • "In the Fraud Archives (reviewing Janet Malcolm, The Crime of Sheila McGough (1999))," New Republic, April 1999, at p.29.
  • "Fear of Judging: Sentencing Guidelines in the Federal Courts," Times Literary Supplement, February 1999.
  • "Trials without Truth, Sentencing Without Justice (reviewing William T. Pizzi, Trials without Truth: Why Our System of Criminal Trials Has Become an Expensive Failure and What We Need to Do to Re-build It (1999))," Times Literary Supplement, February 1999, at p.9.
  • "This Magic Moment (reviewing Bruce A. Ackerman, We the People, vol. 2: Transformations (1998))," New Republic, April 1998, at p.32.
  • "Optimism about AIDS Is Premature," Wall Street Journal, February 4, 1998, at p. A 22 (with Tomas J. Philipson).
  • "Law School Should Be Two Years, Not Three," Harvard Law Record, January 1998.
  • "Bad Faith (reviewing Duncan Kennedy, A Critique of Adjudication: Fin de Siècle (1997))," New Republic, June 1997, at p.34.
  • "Book Review (reviewing Oliver Wendell Holmes, Holmes and Frankfurter: Their Correspondence, 1912-1934 (1996))," New York Times Book Review, December 16, 1996.
  • "The Immoralist (reviewing Leo Katz, Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law (1996))," New Republic, July 1996, at p.38.
  • "Law's Reason (reviewing Jürgen Habermas, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (1996))," New Republic, May 1996, at p.26.
  • "Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy," New Republic, May 1996, at p.26.
  • "Recht is de broze vernislaag van een booming industry: Interview met Richard A. Posner," Nederlands Juristenblad, December 15, 1995, at p. 1625 (J. F. Bruinsma and N. J. H. Huls, interviewers).
  • "The Most Punitive Nation," Times Literary Supplement, September 1995.
  • "Juries on Trial (reviewing Jeffrey Abramson, We, the Jury: The Jury System and the Ideal of Democracy (1994) and Stephen J. Adler, The Jury: Trial and Error in the American Courtroom (1994))," Commentary, March 1995, at p.49.
  • "The Judging Game (reviewing Stanley Fish, There's No Such Thing as Free Speech and It's a Good Thing Too (1994))," Times Literary Supplement, July 1994, at p.14.
  • "The Economic Approach to AIDS," Issues in Science and Technology, Spring 1994 (with Tomas J. Philipson & John H. Wright).
  • "The Law's Leaden Muse (reviewing Fred R. Shapiro, The Oxford Dictionary of American Legal Quotations (1993))," American Scholar, 1994, at p.449. cu
  • "Courting Evil (reviewing Ingo Müller, Hitler's Justice: The Courts of the Third Reich (1991)," New Republic, June 1991, at p.36.
  • "Us v. Them (reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990))," New Republic, October 1990, at p.47.
  • "100 Years of Antitrust," Wall Street Journal, June 29, 1990, at p. A10.
  • "Book Review (reviewing Sheldon M. Novick, Honorable Justice: The Life of Oliver Wendell Holmes (1989))," Wall Street Journal, August 10, 1989, at p.A9.
  • "A Guide to Critical Legal Studies," Wall Street Journal, January 27, 1988, at p. 17.
  • "Interpreting Law, Interpreting Literature," Raritan, Spring 1988.
  • "Interpreting Law; Interpreting Literature (II)," Raritan, 1988.
  • "Law and Literature," University of Chicago Law School Record, Fall 1988.
  • "Die Deregulierungsbewegung in den USA," Neue Zurcher Zeitung, December 22, 1987, at p. 31.
  • "What Am I? A Potted Plant," New Republic, September 1987.
  • "New Light on Punitive Damages," Regulation, 1986 (with William M. Landes). www
  • "An Economic Theory of Privacy," Regulation, May May/June 1978.
  • "Reflections on Consumerism," University of Chicago Law School Record, Spring 1973.
  • "Some Thoughts on Legal Education," University of Chicago Law School Record, Winter 1972.
  • Market Transfers of Water Rights: Toward an Improved Market in Water Resources, ( National Water Commission). 1972) (with Charles J. Meyers). cu
  • "Royal Bavarian," Modern Age, 1970.

Additional Activities

Read Judge Posner's Legal Opinions at Project Posner

MEMBERSHIPS AND PROFESSIONAL AFFILIATIONS

  • Fellow, American Academy of Arts and Sciences
  • Life Member, American Law Institute
  • Corresponding Fellow, British Academy
  • Century Association
  • Mont Pelerin Society
  • American Economic Association
  • American Law and Economics Association
  • Association of Literary Scholars and Critics

HONORARY DEGREES

  • Lake Forest College, LLD, 2012
  • University of Athens, D Hon. Causa, 2002
  • Aristotle University of Thessaloniki, LLD, 2002
  • Northwestern University, LLD, 2001
  • Brooklyn Law School, JD, 2000
  • University of Pennsylvania, LLD, 1997
  • Yale University, LLD, 1996
  • University of Ghent, D Hon. Causa, 1995
  • Georgetown University, LLD, 1993
  • Duquesne University, LLD, 1987
  • Syracuse University, LLD, 1986

EDITORIAL WORK

  • Editor, American Law and Economics Review (1998-2005)

    Editor, Journal of Legal Studies (1972-1981)

TESTIMONY

  • Testimony of Richard A. Posner in Small Business and the Robinson-Patman Act: Hearings before the special Subcommittee on Small Business and the Robinson-Patman Act of the House Select Committee on Small Business, 91st Congress, 1st Session, Vol. I, at 146 (October 8, 1969)
  • Richard A. Posner, "Subsidization by Pricing in the Regulated Industries" in The Economics of Federal Subsidy Programs: a compendium of papers submit- ted to the Joint Economic Committee of the Congress of the United States, Part 1 (General Study Papers), at 41 (May 8, 1972)
  • Richard A. Posner, "Theories of Economic Regulation" in Overregulation of Small Business: Hearings before the Subcommittee on Government Regulation of the Senate Select Committee on Small Business, 94th Congress, 2nd Session, at 133 (April 26, 1976)
  • Testimony of Richard A. Posner in Exclusive Territorial and Customer Restrictions: Hearings before the Subcommittee on Monopolies and Commercial Law of the House Committee on the Judiciary, 94th Congress, 2nd Session, at 20 (June 24, 1976)
  • Affidavit of Richard A. Posner in Comments of CBS on the Proposed Decree in United States v. National Broadcasting Company, Civ. No. 75-3601-RJK (C.D. Cal.) (March 1, 1977)
  • Statement of Richard A. Posner in Effective Enforcement of the Antitrust Laws: Hearings before the Subcommittee on Monopolies and Commercial Law of the House Committee on the Judiciary, 95th Congress, 1st Session, at 192 (October 20, 1977)
  • Statements of William M. Landes and Richard A. Posner in Re: Solid Waste Product Charge Legislation: submitted to the Resource Conservation Committee at Public Meeting (November 17, 1977)
  • Statements of David F. Bradford, William M. Landes and Richard A. Posner in Re: Nationwide Increased Freight Rates and Changes-1977: Proceedings before the Interstate Commerce Commission, Ex Parte No. 343 (January 10, 1978)
  • Statements of Craig R. Schmidt, Richard A. Posner and Sidney P. Mudd in The Beverage Container Reuse and Recycling Act of 1977, S. 276: Hearings before the Subcommittee for Consumers of the Senate Committee on Commerce, Science and Transportation, 95th Congress, 2nd Session, at 155 (January 26, 1978)
  • Statements of Robert S. Hamada, Roger C. Ibbotson, John H. Langbein, and Richard A. Posner in Re: Establishment of a National Clearance and Settlement System: Proceedings before the Securities and Exchange Commission, file no. 600-15 (March 6, 1978)
  • William M. Landes and Richard A. Posner, Economic Analysis of Express Mail's Anticompetitive Characteristics in Initial Brief of Purolator Services, Inc. on the Proposed Rate Schedule for Express Mail, Exhibit 1, Proceedings before the Postal Rate Commission, Docket No. R77-1 (March 7, 1978)
  • Statement of Richard A. Posner in Fair and Effective Enforcement of the Antitrust Laws, S. 1974: Hearings before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 95th Congress, 2nd Session, Part 2, at 47 (April 7, 1978)
  • Supplementary Statement of Robert S. Hamada, Roger G. Ibbotson, John H. Langbein, and Richard A Posner in Re: Establishment of a National Clearance and Settlement System: Proceedings before the Securities and Exchange Commission, file no. 600-15 (April 17, 1978)
  • Joint Testimony of Dennis W. Carlton, William M. Landes and Richard A. Posner in Re: Proposed Merger of North Central Airlines and Southern Airways: Proceedings before the Civil Aeronautics Board, Docket No. 33136, Exhibit NC/SO-T-7 (October 8, 1978)
  • Rebuttal Testimony of Richard A. Posner and William M. Landes in Re: North Central/Southern Merger: Proceedings before the Civil Aeronautics Board, Docket No. 33136, Exhibit NC/SO-RT-3, Rebuttal to Exhibits BPDA-1, BCP- DE-2 and BCP-T-1
  • Statements of William M. Landes and Richard A. Posner in Antitrust Enforcement Act of 1979, S. 300: Hearings before the Senate Committee on the Judiciary, 96th Congress, 1st Session, at 174 (March 14, 1979)
  • Statement of Richard A. Posner in Re: S. 600, Small and Independent Business Protection Act of 1979: Proceedings before the Senate Judiciary Committee on S. 600, 96th Cong. (April 26, 1979)
  • Statements of Richard A. Posner, Donald I. Baker, and William Baxter in Re: Mergers and Economic Concentration: Hearings before the Subcommittee on Antitrust, Monopoly and Business Rights of the Senate Committee on the Judiciary, 96th Congress, 1st Session, Part 2 at 9 (April 26, 1979)
  • Supplement to Testimony of Richard A. Posner in Re: Mergers and Economic Concentration (S. 600): Submitted to Senator Howard M. Metzenbaum (May 12, 1979)
  • Statements of John H. Langbein and Richard A. Posner in Re: Establishment of a National Clearance and Settlement System: Proceedings before the Securities and Exchange Commission, file no. 600-15 (July 26, 1979)
  • Statement of Richard A. Posner in Re: Proposed Amendments to Section 5 of the Federal Trade Commission Act: Hearings before the Subcommittee for Con- sumers of the Senate Committee on Commerce, Science, and Transporta- tion, 96th Congress (September 27, 1979)
  • Supplemental Statement of Richard A. Posner in Re: First Amendment Issues and the Proposed Amendments to Section 5 of the Federal Trade Commission Act: Hearings before the Subcommittee for Consumers of the Senate Committee on Commerce, Science, and Transportation, 96th Congress (October 1, 1979)
  • Further Statements of John H. Langbein and Richard A. Posner in Re: Establishment of a National Clearance and Settlement System: Proceedings before the Securities and Exchange Commission, file no. 600-15 (February 14, 1980)
  • Testimony of Richard A. Posner in Re: McNeilab, Inc.: Proceedings before the Drug Enforcement Administration, Docket No. 78-13 (March 11, 1980)
  • Statement of Richard A. Posner in Re: Compulsory Interfaces Among Clearing Agencies in the Clearing of Municipal and Government Securities: Proceedings before the Securities and Exchange Commission (March 28, 1980)
  • Statement of Richard A. Posner in Re: Compulsory Interfaces Among Clearing Agencies in the Comparison and Clearance of Municipal and Government-Guaranteed Securities: Proceedings before the Securities and Exchange Commission, file no. 600-15 (May 16, 1980)
  • Statement of Richard A. Posner in Re: Railroad Cost Recovery Procedures: Proceedings before the Interstate Commerce Commission, Ex Parte No. 290 (Sub-No. 2) (July 17, 1980)
  • Deposition of Richard A. Posner, Davis-Watkins Company, Inc. v. Service Merchandise Company, Inc., U.S. District Court, Middle District of Tennessee, Nashville Division, No. 77-3279 NA-CV (September 29, 1980)
  • Testimony of Richard A. Posner in Re: Service Merchandise Co. v. Amana Refrigeration, Inc., U.S. District Court, Middle District of Tennessee, Nashville Division, No. 77-3279 (November, 1980)
  • Testimony of Richard A. Posner in Re: Continental-Western Merger Case: Proceedings before the Civil Aeronautics Board, Docket No. 38733, Exhibit ATE/UFA T-1 (November 3, 1980)
  • Affidavit of Richard A. Posner in support of Defendant's Motion for Partial Summary Judgment and Response to Plaintiff's Motion for Partial Summary Judgment, Robert Hirsh v. Martindale-Hubbell, Inc., U.S. District Court, District of Arizona, No. Civ. 79-266-TUC-RMB (November 20, 1980)
  • Statement of Richard A. Posner in Re: Increases in Freight Rates and Charges of the Long Island Rail Road Company to Offset Retirement Tax Increases-1973 and Notice of Intent to File Divisions Complaint by the Long Island Rail Road Company: Before the Interstate Commerce Commission, Ex Parte No. 299 (Sub-No. 1) and Docket No. 36874 (December 22, 1980)
  • Statement of Richard A. Posner in Re: Union Pacific Corporation, Pacific Rail System, Inc., and Union Pacific Railroad Company - control - Missouri Pacific Corporation and Missouri Pacific Railroad Company; Union Pacific Corporation, Pacific Rail System, Inc., and Union Pacific Railroad Company - control - The Western Pacific Railroad Company: Before the Interstate Commerce Commission, Finance Docket No. 3000 and Financial Docket No. 30000 (Sub-No. 1) (February 20, 1981)
  • Testimony of Richard A. Posner in Re: Union Pacific Corporation, Pacific Rail System, Inc., and Union Pacific Railroad Company - control - Missouri Pacific Corporation and Missouri Pacific Railroad Company: Before the Interstate Commerce Commission, Finance Docket No. 30,000 (June 24, 1981)
  • Statement of Richard A. Posner and Robert S. Stillman in Re: Annual Volume Rates on Coal, Rawhide Junction, Wyo. to Sergeant Bluff, Iowa: Before the Inter- state Commerce Commission, Finance Docket No. 37201 (August 24, 1981)
  • Testimony of Richard A. Posner in Confirmation of Federal Judges, Hearings before the S. Comm. on the Judiciary, 97th Cong., 1st Sess., pt. 2, at 90-92 (1981)
  • Statement of Chief Judge Richard A. Posner before the Subcommittee on Administrative Oversight and the Courts of the Senate Judiciary Committee (May 28, 1998)
  • Statement of Hon. Richard A. Posner before the S. Comm. on Appropriations, in Hearings on the 9/11 Commission's Intelligence Recommendations, 108th Cong., 1d Sess. (S. Hrg. 108 614) (Sept. 22, 2004)
  • Testimony of Richard A. Posner before the House Permanent Select Intelligence Committee on Modernization of the Foreign Intelligence Surveillance Act, 109th Cong., 2d Sess. (July 19, 2006)
  • Statement of Richard A. Posner in “Catching Terrorists: The British System versus the U.S. System,” Hearing before a Subcomm. of the S. Comm. on Appropriations, 109th Cong., 2d Sess. 2 (Sept. 14, 2006)