This is why I get a kick out of you guys. I get attacked for “motivational reasoning”, but your first reflex is to go find a sympathetic voice that supports your preexisting position and convince yourself that you have proved your point. The Posner-Scalia fight was of great interest and attention several years ago, generating an extensive secondary commentary on it. Scalia’s reputation came out fine. And by the way, separate and apart from the personal aspect of the dispute, the philosophical difference between Scalia and Posner. which is textualism (what the statute actually says) vs. purposivism (what was the purpose of the statute), is a family dispute – both are in the originalism family tree, so of course the level of vitriol between the two is inversely proportional to the real difference between the two, the narcissism of small differences.
David Shemano From: [email protected]<mailto:[email protected]> [mailto:[email protected]] On Behalf Of Michael Meeropol Sent: Tuesday, February 23, 2016 2:39 PM To: Progressive Economics Subject: [Pen-l] POSNER on SCALIA Marv's linking the Posner review of one of Scalia's books is priceless -- I urge people to read Posner's evisceration of Scalia's reasoning. I especially think David Shemano ought to read it since he believes Scalia is a consistent (mostly consistent) intellectual giant rather than a politically motivated enabler of the powerful .... Remember that Posner is in many ways a right-winger. He virtually created the field of Law and Economics which defends the outcomes of the market system no matter how immoral the results --- If he hadn't been a Marxist in his youth (his mother was a communist --- in fact my family and his family were friends when I was a teenager) he would have certainly been a Reagan appointee to the Supreme Court .... ____________________________________________________ Information contained in this e-mail transmission may be privileged, confidential and covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended recipient, do not read, distribute, or reproduce this transmission. If you have received this e-mail transmission in error, please notify us immediately of the error by return email and please delete the message from your system. Pursuant to requirements related to practice before the U. S. Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the U. S. Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter. Thank you in advance for your cooperation. Robins Kaplan LLP http://www.robinskaplan.com ____________________________________________________
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