Submitted by Mark Esposito, Guest Blogger
Seventh Circuit Judge Richard Posner is one of America’s most lauded judges and legal thinkers. An economics degree from Yale, president of the Harvard Law Review, and clerk to Justice William Brennan, Posner has the brains and the pedigree to move American jurisprudence. And move it he has. A conservative in reaction to his experience on the Supreme Court he’s drawn the ire of this blog for insensitvity to Constitutional rights of citizens. In addition, he’s one of the main proponents of the “law and economics” movement which advocates the analysis of law using economic principles. As you guessed, he’s no enemy of big corporations and business in general.
You’d think a practitioner of the “dismal science” would be pretty dry in his legal
opinions. Not so. Judge Posner has drawn fire for his use of web-snatched images amid the text of his legal analysis. In one instance depicted above, he used an image of an ostrich doing what ostriches are famous for to chastise a plaintiff’s lawyer who ignored a precedential case in his brief. In another, he incorporated an image of dreadlocked reggae singer, Bob Marley, to graphically illustrate his opinion in a dispute involving religious expression by means of hair style for a federal prisoner.
The practice has drawn judicial complaints from the plaintiff’s lawyer chastised as an ostrich and charges of copyright violation, all to no avail. Posner remains nonplussed as a dedicated “cut and paster.” Posner said it was the first negative feedback he’d received for an image. “I’m sorry he [the plaintiff’s lawyer] was upset by it,” he said. Posner also defended his use of artistic license, saying photos embedded in his opinions “couldn’t conceivably be hurting the copyright holder.”
Proof, I suppose, that the digital age is coming even to the tradition-laden chambers of appellate judges.
Source: Reuters
~Mark Esposito, Guest Blogger
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1, January 28, 2012 at 4:49 pm
“I’m sorry he [the plaintiff’s lawyer] was upset by it,” he (Posner) said.
Passive/aggressive which tells me, levels of education and experience acknowledged, all I need to know about his personality
——————————
I hadn’t put my finger on it previously, but I think you’ve nailed it.
Blouise,
I wouldn’t share a drink with Posner, unless he was buying.
“I’m sorry he [the plaintiff’s lawyer] was upset by it,” he (Posner) said.
Passive/aggressive which tells me, levels of education and experience acknowledged, all I need to know about his personality. Shake his hand but decline any offer to share a beer or glass of wine with him.
Mark,
And to think that it is alleged that Rehnquist had to sleep with Eleanor to get a Clerkship with Jackson…..I think I am recalling the gossip correctly….
Dredd:
:=)
He will be ok so long as he doesn’t put any bus pictures of the type Professor Turley mentioned yesterday.
Why not (sorta) — I’ve seen the final image of a digital animation reconstructing a multi-vehicle accident pasted in the middle of the hard copy brief submitted to a court of appeals, while the full animation was hyper-linked in the digital copy submitted. The animation, however, had been admitted into evidence by the trial court.