> Posner's positions, and the frank and open manner with which he expresses them, are a much needed breath of fresh air from a legal system that is all too esoteric. Especially with regard to patents.
To be fair, Posner is also a poster-boy for judicial activism. Much of what seems "esoteric" in law is actually the attempt to give effect to fine distinctions made in statutes and in previous cases. If you ride roughshod over all that and decide cases according to sweeping principles, it's much easier to be open and succinct.
To be fair, Posner is also a poster-boy for judicial activism. Much of what seems "esoteric" in law is actually the attempt to give effect to fine distinctions made in statutes and in previous cases. If you ride roughshod over all that and decide cases according to sweeping principles, it's much easier to be open and succinct.