Wednesday, August 24, 2005

Assignment: ASP on 8/30

Read Van Harken v. City of Chicago, p. 95 of the casebook.

Pay close attention to how Judge Posner arrives at his conclusions about the level of process required in the case. Attempt to follow the math. We'll go over it on on Tuesday. The case provides another perspective on evaluating due process claims as well as a dynamite introduction to the school of legal thought referred to as Law & Economics (in which Judge Posner sheds the title Judge for something more akin to Pope). It is not exaggeration to refer to Judge Posner as the tenth most important judge in America today after the nine on the Supreme Court. This is not the last time you will see one of his opinions (he shows up twice in the first fifty pages of the Franklin & Rabin Torts book).

If you find yourself turned off by the numbers, pay close attention to the discussion of the right to appeal. And before putting the pitchfork in the man's hand, wait and read his opinion in American Nurses when we get to pleading in a week or so.

More information (though mostly unrelated to substantive legal topics) can be found at The Becker-Posner Blog.


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