Judges and Judiciary,
Appellate Practice
Oct. 16, 2017
‘Realist’ or ‘formalist’: Part 2
In my last column, I discussed Judge Posner's "realist" approach to judging, contrasting it with the "formalist" approach. Now let's discuss why lawyers tend to be so formalist.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
MOSKOVITZ ON APPEALS
Richard Posner recently announced his retirement from judging at the 7th U.S. Circuit Court of Appeals. In my last column, I discussed his "realist" approach to judging, contrasting it with the "formalist" approach. Here's Posner's description of the "realist," from an "exit interview" he gave to Adam Liptak of the New York Times. Liptak reported:
"He called his approach to judging pragma...
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