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Keynote Presentation Keynote Presentation Presented By: Judge Richard A. Posner United States Court of Appeals Chicago, Illinois Presented at: ACLEA 51st Annual Meeting August 1-4, 2015 Chicago, Illinois Judge Richard A. Posner United State Court of Appeals Chicago, Illinois Richard A. Posner has been a judge on the United States Court of Appeals for the Seventh Circuit since 1981, and is also a Senior Lecturer in Law at the University of Chicago Law School. Judge Posner was born on January 11, 1939, in New York City, and grew up in New York and its suburbs. He graduated from Yale College in 1959, summa cum laude, having been elected to Phi Beta Kappa in his junior year; he was an English major and a Scholar of the House. He graduated first in his class from Harvard Law School in 1962, magna cum laude, and was President of the Harvard Law Review. He worked for several years in Washington during the Kennedy and Johnson Administrations—as law clerk to Justice William J. Brennan, Jr., as an assistant to Commissioner Philip Elman of the Federal Trade Commission, as an assistant to the Solicitor General of the U.S., Thurgood Marshall, and as general counsel of President Johnson’s Task Force on Communications Policy. Judge Posner entered law teaching in 1968 at Stanford as an associate professor, and became professor of law at the University of Chicago Law School in 1969, where he remained (later as Lee and Brena Freeman Professor of Law) until his appointment to the Seventh Circuit in 1981. During this period, Judge Posner wrote a number of books (including Antitrust Law: An Economic Perspective, Economic Analysis of Law—now in its ninth edition—and The Economics of Justice) and many articles (a number of these in collaboration with the economist William Landes), mainly exploring the application of economics to a variety of legal subjects, including antitrust, public utility and common carrier regulation, torts, contracts, and procedure. He called for major reforms in antitrust policy, proposed and sought to test the theory that the common law is best explained as if the judges were trying to promote economic efficiency, urged wealth maximization as a goal of legal and social policy, contributed to the economic theory of regulation and legislation, and extended the economic analysis of law into fields new to such analysis, such as family law, primitive law, racial discrimination, jurisprudence, and privacy. He founded the Journal of Legal Studies, primarily to encourage economic analysis of law, and was a research associate of the National Bureau of Economic Research. He also engaged in private consulting and was from 1977 to 1981 the first president of Lexecon Inc., a firm made up of lawyers and economists that provides economic and legal research and support in antitrust, securities, and other litigation. Judge Posner became a Judge of the U.S. Court of Appeals for the Seventh Circuit in December 1981; he was Chief Judge from 1993 to 2000. He continues to teach part time at the University of Chicago Law School, where he is Senior Lecturer, and to write academic articles and books. He has written some 40 books, more than 350 articles and book reviews, and countless blog posts. His academic work since his becoming a judge has included studies in the economics of criminal law, labor law, and intellectual property; in jurisprudence, law and literature, and the interpretation of constitutional and statutory texts; in the economics of sexuality and of old age; and on the judiciary. His recent books include Private Choices and Public Health: The AIDS Epidemic in an Economic Perspective (1993) (coauthored with Tomas Philipson), Overcoming Law (1995), Aging and Old Age (1995), a second edition of The Federal Courts (1996), Law and Legal Theory in England and America (1996), a ninth edition of Economic Analysis of Law (2014), a revised and enlarged edition of Law and Literature (1998), The Problematics of Moral and Legal Theory (1999), An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (1999), and most recently The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice (2013) (coauthored with Lee Epstein and William M. Landes), Reflections on Judging (2013), and Divergent Paths: The Academy and the Judiciary (forthcoming 2015). His current academic research includes work on judicial behavior and administration and on the patent system. Academic writings by Judge Posner have been translated into French, German, Italian, Spanish, Russian, Chinese, Japanese, Korean, Greek, Turkish, Portuguese, Ukrainian, Lithuanian, and Slovenian. Judge Posner received honorary degrees of doctor of laws from Syracuse University in 1986, from Duquesne University in 1987, from Georgetown University in 1993, from Yale in 1996, from the University of Pennsylvania in 1997, from Northwestern University in 2001, from Aristotle Universitiy of Thessaloniki in 2002, and from Lake Forest College in 2012; and he received the degree of Doctor Honoris Causa from the University of Ghent in 1995 and from the University of Athens in 2002. In 1994 he received the Thomas Jefferson Memorial Foundation Award in Law from the University of Virginia. In 1998 he was awarded the Marshall‐Wythe Medallion by the College of William and Mary. He received the 2003 Research Award from the Fellows of the American Bar Foundation, the John Sherman Award from the U.S. Department of Justice in 2003 for contributions to antitrust policy, and in 2005 the Learned Hand Medal for Exellence in Federal Jurisprudence from the Federal Bar Council, the Thomas C. Schelling Award for scholarly contributions that have had an impact on public policy from the John F. Kennedy School of Government at Harvard University, and the Henry J. Friendly Medal from the American Law Institute. In 2010 he received the first Ronald H. Coase Medal, awarded by the American Law and Economics Association. In 2012 he received the William L. Prosser Award from the AALS Torts and Compensation Systems Section, for academic and judicial contributions to tort law and the Duquesne University Law School Dr. John and Liz Murray Award for Excellence in Scholarship. His most recent award was the 2014 Howard B. Eisenberg Prize awarded by the American Academy of Appellate Lawyers. He is a member of the American Law Institute and the Century Association, a fellow of the American Academy of Arts and Sciences, an Honorary Bencher of the Inner Temple, a corresponding fellow of the British Academy, an honorary fellow of the College of Labor and Employment Lawyers, a member of the editorial board of the European Journal of Law and Economics, and a Consultant to the Library of America, as well as a member of the American Economic Association and the American Law and Economics Association (of which he was President in 1995–1996). He was the honorary President of the Bentham Club of University College, London, for 1998. With Orley Ashenfelter, he edited the American Law and Economics Review, the journal of the American Law and Economics Association, for several years. Judge Posner is married to the former Charlene Horn and they have two sons, Kenneth and Eric, and four grandchildren. NOTES ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ .
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