Larry Lessig has Judge Richard Posner guest blogging for him next week.
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by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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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.