Beyond the expected brilliant insight into being an administrator of justice, Judge Richard Posner’s latest book, Reflections on Judging, contains some strong opinions on that usually most uncontroversial of topics, citations:
Posner appears to believe that following the Bluebook is about as bad as rearranging deck chairs on the Titanic — and by reverse order of manufacture, no less. He casts the Bluebook as a neurotic reaction to external complexity; if you cannot control what is important, you make important what you can control.
How have I not read this yet? I need to set aside some time to read Garner and Scalia’s Reading Law and this volume back-to-back.
Posner, Kenji Yoshino concludes, is the “tenth justice”:
By dint of relentless merit, these individuals earn legal authority akin to that wielded by the Nine. In Richard A. Posner, our generation has its Learned Hand, its Henry Friendly. In complex times, we can take comfort in the simple fact of his existence.