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No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. Skewering the politicization of the Supreme Court, the mismanagement of judicial staff, the overly complex system of appeals, the threat of originalism, outdated procedures, and the backward-looking traditions of law schools and the American judicial system, Posner has written a cri de coeur and a battle cry. With the prospect that the Supreme Court will soon be remade in substantial, potentially revanchist, ways, The Federal Judiciary expos

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Book ID Asin: 0674975774
Book Title: The Federal Judiciary: Strengths and Weaknesses
Book Author: Richard A. Posner
Book Format and Price:
Book Format Name: Hardcover
Book Format Price: $40.59
Book Price: $40.59
Book Category: Books, Politics & Social Sciences, Politics & Government and unknown
Book Rating: 11 ratings

The Federal Judiciary: Strengths and Weaknesses by Richard A. Posner Book Review

Name: Ronald H. Clark
Rating: 5.0 out of 5 stars
Title: More from Judge Posner on the Defects of the Federal Court System
Date: Reviewed in the United States on August 20, 2017
Review: Richard Posner has served on the Seventh Circuit Court of Appeals for 36 years. In addition to teaching at the University of Chicago Law School since 1969, he has written by my account nearly 40 books and countless articles and judicial opinions. His books cover a wide range of topics, from Public Intellectuals, to the Clinton impeachment, and various technical topics such as antitrust law and law and economics. He is, by all measures, an extremely formidable intellect. Among his primary interests are reform and improvement of the federal judiciary; this book is the most recent manifestation of that interest. I believe in all he has written five books on this topic. He spares no mercy toward his judicial colleagues, including the Supreme Court of which he is currently quite critical. Think of this book as a severe and thorough working over of the federal courts by one of its own members who knows the many defects first hand, and is anything but shy about going public and naming names.

Folks who have read any of Posner's most recent books on this topic--e.g., "Reflections on Judging" or "Divergent Paths"-- will find some overlap with this volume. But even on topics he has discussed before, Posner adds new arguments and wrinkles to his discussion. A word must be said about Posner's methodology. The book has individual chapters on district courts, courts of appeal and the Supreme Court, as well as a chapter on civil litigation. The very long introduction lays out Posner's major points in a hefty 45 pages. When tackling a court, Posner writes as if he is engaged in free association. Topics just pop up in no particular order, as if an idea occurs to Posner so he writes a section on it. This can become challenging, especially in the 156 page chapter on the Supreme Court. But this format allows him to cover a vast number of individual topics in each chapter.

As usual, Posner is dead-on for the most part in identifying the minor and significant defects he sees in the federal court system. Once again, he does irritate me on several points. Posner argues that relative to con law issues, judges should not look backward in interpreting constitutional provisions but instead recognize that these 1787 clauses cannot be pertinent to many issues today. This is part of his continuing attack, and quite a deadly one in my opinion, on Justice Scalia and originalism. Instead pragmatic interpretation should be undertaken. But he never recognizes that few judges are as equipped to undertake this process as is he. One person's speculative pragmatic solution might result in all manner of disastrous interpretations. Are we talking Platonic Guardians here?

The other bone I have to pick with the good Judge is his contentions that appellate judges should feel free to invoke the internet to do supplemental factual research in passing on an appeal. In other words, unknown to counsel in the case, judges should rummage around in the internet to gather additional facts to incorporate in their decisions. One interesting section of the book invokes Posner's colleague, Judge Hamilton, who meticulously deconstructs a Posner opinion making this argument. Posner is a master at chewing up opinions and arguments with which he disagrees; for once, it is good to see him being on the receiving end.

This book is 430 pages long; so it takes some time to review Posner's arguments. There is no question in my mind, after litigating in federal courts for 40 years or so, that this is an extremely valuable even essential book. The endless free association can become burdensome, but Posner is laying out extremely valuable ideas and suggestions. Only the chapter of civil litigation would I say can be avoided unless you are engaged in this process. Harvard University Press is to be commended for placing the notes where they belong--at the foot of each page. So, once again, a bull's eye for Judge Posner--sometimes a spicy brew to swallow, but an essential one to be sure.

Name: Interested customer
Rating: 1.0 out of 5 stars
Title: Not worth the money or the time
Date: Reviewed in the United States on October 29, 2017
Review: This is the first hagiography I have read that was written by the divine himself. I strongly agree with the other One Star rating--this isn't worth getting or reading. To the prospective reader seriously interested in the problems and weaknesses our our Federal Judiciary,, I strongly recommend some other book. Would that I knew what that might be.

Which was quite a disappointment to me. Having been a lawyer for about 60 years, I had often heard of Posner and his writings, almost always in a very positive way. By the time I had plowed through the first 64 pages (two chapters) that misconception had been laid to rest. I turned to the chapter about my bete noire, civil litigation, and found that things had not improved, so I spared myself the challenge of wading through 200 or so more pages of the same melange of commonplace ideas and self-reverential musings.

Perhaps the key word in that last sentence is that most of his ideas were commonplace among any who have observed our judicial "system" in action. Then, when solutions are offered, his ideas seemed to me far off the mark. The one that stood out, for me, as ill-advised, was that a judge, in deciding a case, should not consider the musty earlier rules of the law , but, rather should take into account his decision's on-going impact on something--he wasn't clear (at least to me) but he seemed to have in mind everything. I am prepared to allow Posner absolute lack of restraint on his decisions. To give him, in effect, legislative powers. But, especially in view of his caustic views of many (most?) other judges, it is hard to believe it will improve anything, except, perhaps, the egos of some members of the bench.

What finally led to my discarding the book was his cursory description of the problems with class action "settlements" in which the class attorneys get oceans of money, and the hapless class members get next to nothing. Posner takes some pride in the fact that his Circuit Court rejected such a settlement. But that is just one case our of the many that float through the system. What is needed is some real policing of this excess, As is the utter failure of the Courts to impose serious penalties on DA's who conceal evidence favorable to the defense. Just saying that these travesties are bad doesn't solve them.

Name: Dan B
Rating: 5.0 out of 5 stars
Title: This is a terrific "book". I put "book" in quotes because it ...
Date: Reviewed in the United States on September 4, 2017
Review: This is a terrific "book". I put "book" in quotes because it is , in Judge Posner's Preface, "...unconventional in format". It is more accurate to say that it is a kind of anthology of his recent thinking on the Federal Courts. The book essentially reprints and updates previous Posner articles, opinions and interviews. This is not a fault , but a virtue. This is because it is unlikely that anyone would otherwise be able to assemble all his interesting thoughts in one place.If you enjoy reading Judge Posner's writing, you should enjoy this "book".

Several commentators have said that his harsh, lengthy (and entertaining) criticism of Justice Kagan's and others' eulogies of Justice Scalia was unfair. But Justice Kagan is on record as saying that "eulogies are not affidavits". Judge Posner should have included this thought in his Scalia eulogy commentary. Instead he unfairly treated the Scalia eulogies as affidavits. His omission of the Kagan definition of a eulogy diminishes the power of his argument.

Name: Joseph Connolly
Rating: 4.0 out of 5 stars
Title: Too much repetition
Date: Reviewed in the United States on September 2, 2017
Review: Good overview of deficiencies of the judiciary. Little, really no, talk of strengths. Typical Posner style expanding on the subjects in his last book.

Name: Earl
Rating: 5.0 out of 5 stars
Title: Highly recommended especially if you despise the Seventh Circuit
Date: Reviewed in the United States on December 27, 2017
Review: The Poz can write. I don't agree with everything he says, but he has a lot of wisdom about the federal judiciary.

Name: Ed W
Rating: 1.0 out of 5 stars
Title: Don't waste your time or money on this mess
Date: Reviewed in the United States on August 4, 2017
Review: A mishmash of half-baked ideas, a hasty copy-and-paste dump. Don't waste your time or money on this mess.