Larry Lessig has Judge Richard Posner guest blogging for him next week.
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
My Publications | e-mail
All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
Who Reads Discourse.net?
Readers describe themselves.
Please join in.Reader Map
Recent Comments
- Brooks Fudenberg on I Voted
- Jermaine Chad Ingram on Some Thoughts about the Downballot (Voters’ Guide Part II: Judicial Retention Elections)
- C.E. Petit on I Voted
- Jane Moscowitz on I Voted
- Ally Figueroa on Some Thoughts about the Downballot (Voters’ Guide Part II: Judicial Retention Elections)
Subscribe to Blog via Email
Join 52 other subscribers
Yes, I will forever think of Lochner & Baby Selling in the context of Judge Posner.
I don’t know about this, I don’t think parental rights should be able to be sold, and disagree with Posner’s suggestion to reform adoption wholeheartedly, I think its a great example of how economists tend to lose touch with public sentiment in their quest for the right numbers. But still, the poor guy is going to be tagged with the word “baby-selling” forever, it just doesn’t seem fair. Granted, the article had been published before he was confirmed to the Court, but I don’t think advancing a theory should ever be grounds for permanent tarnishing of a person’s record. And you can’t get past a page one google search on any related topic without finding the words Posner and baby-selling in the same sentence…
But then, maybe I’m biased…because I’m as afraid of the majority in Lochner as Posner (or, i think, holmes) even on a good day.