Larry Lessig has Judge Richard Posner guest blogging for him next week.
Recent Bluessky Posts- That was a good estimate. April 13, 2026 Michael Froomkin
- Yikes? April 10, 2026 Michael Froomkin
- Jotwell Legal Hist: Jedidiah Kroncke, The Forgotten Violence and Perpetual Tensions of American Labor History, JOTWELL (Apr 10, 2026) (re: María E. Montoya, A Workplace of Their Own: Rockefeller, Roche, and Labor's Battle Over Industrial Democracy (2026)), legalhist.jotwell.com/the-forgotte.... April 10, 2026 Jotwell
- I hear mathematicians screaming. April 9, 2026 Michael Froomkin
- Jotwell Property: Andrea Boyack, Fairer Housing in the Face of Frequent Floods, JOTWELL (April 9, 2026) (reviewing Jade A. Craig, Struggle Against the Water: Connecting Fair Housing Law and Climate Justice, 24 Nev. L.J. 737 (2024)), property.jotwell.com/fairer-housi.... April 9, 2026 Jotwell
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.