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AUT: Increasing Police Repression

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The recent 7th Circuit ruling, which gave the go ahead to Chicago police =
to
 openly resume political spying (and disruption of constitutionally
 protected activities) was written by Judge Richard Posner (a "Senior
 Lecturer in Law"  at U of C).=20
=20
 According to Posner, government should be given greater power to attack
 dissidents, but government must not be used to limit the power of
 corporations and billionaires.  It's important for activists to =
understand
 these  connections (and contradictions) if we are to understand the =
power
 of the state in defending corporate power and the power of the =
corporations
 in defining the role of the state.=20
=20
 Posner has written a number of books (including "Antitrust Law: An =
Economic
 Perspective", "Economic Analysis of Law"-now in its fifth edition-and =
"The
 Economics of Justice") and many articles exploring the application of =
free
 market economics to law. For example, concerning the Microsoft =
antitrust
 case Posner wrote that "the public interest would be served by avoiding
 further litigation, with its potential for unsettling a key industry in =
the
 global economy". =
(http://www.microsoft.com/malaysia/press/linkpage1775.htm)
=20
 He has proposed and sought to test the theory that the common law is =
best
 explained as if the judges were trying to promote "economic =
efficiency". He
 has urged "wealth maximization" as a goal of legal and social policy.=20
=20
 Up until the late 1970s, U.S. antitrust law was characterized by the
 pursuit of two (sometimes conflicting?) goals: protecting consumers =
from
 monopolies and price fixing, and protecting small businesses from =
larger
 competitors. Posner's book and a similar volume by Judge Robert Bork =
("The
 Antitrust Paradox") laid the theoretical groundwork for a seminal shift =
in
 antitrust thinking--one focusing primarily on "consumer welfare". In
 "Antitrust Economics", Posner lays out why some types of economic =
behavior
 that up until then had been considered anticompetitive (e.g. mergers
 between competitors, exclusive supplier arrangements) can actually be =
good,
 i.e. "pro-consumer". For example, while retail behemoths such as =
WalMart or
 mergers like that between Daimler-Benz and Chrysler may be devastating =
to
 smaller competitors, Posner argues benefit consumers by generating
 economies of scale and lower prices. In "Economics of Justice" Posner
 promoted "ethical wealth maximization" as an alternative to Kantian =
ethics
 and utilitarian thought.=20
=20
 Posner also engaged in private consulting and was from 1977 to 1981 the
 first president of Lexecon Inc., a firm made up of lawyers and =
economists
 that provides economic and legal research and support to corporations =
in
 antitrust, securities, and other litigation.  Lexecon Inc. has assisted
 Lincoln Savings and Loan in perpretrating fraud on investors and =
regulators
 (see http://law-phoenix.uchicago.edu//features/1006milberg.html), and
 worked for junk-bond financier Michael Milken.=20
=20
 see also:
 http://www.law.uchicago.edu/faculty/posner-r/
=20
 http://www.src.uchicago.edu/users/gsb1/Rational/posnerbio.html
=20
  >>

Chris Wright

Go where you may, search where you will, roam through all the monarchies =
and despotisms of the old world, travel through South America, search =
out every abuse, and when you have found the last, lay your facts by the =
side of the everyday practices of this nation, and you will say with me, =
that, for revolting barbarity and shameless hypocrisy, America reigns =
without a rival.  -- Frederick Douglass

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<DIV>The recent 7th Circuit ruling, which gave the go ahead to Chicago =
police=20
to<BR>&nbsp;openly resume political spying (and disruption of=20
constitutionally<BR>&nbsp;protected activities) was written by Judge =
Richard=20
Posner (a "Senior<BR>&nbsp;Lecturer in Law"&nbsp; at U of C).=20
<BR>&nbsp;<BR>&nbsp;According to Posner, government should be given =
greater=20
power to attack<BR>&nbsp;dissidents, but government must not be used to =
limit=20
the power of<BR>&nbsp;corporations and billionaires.&nbsp; It's =
important for=20
activists to understand<BR>&nbsp;these&nbsp; connections (and =
contradictions) if=20
we are to understand the power<BR>&nbsp;of the state in defending =
corporate=20
power and the power of the corporations<BR>&nbsp;in defining the role of =
the=20
state. <BR>&nbsp;<BR>&nbsp;Posner has written a number of books =
(including=20
"Antitrust Law: An Economic<BR>&nbsp;Perspective", "Economic Analysis of =

Law"-now in its fifth edition-and "The<BR>&nbsp;Economics of Justice") =
and many=20
articles exploring the application of free<BR>&nbsp;market economics to =
law. For=20
example, concerning the Microsoft antitrust<BR>&nbsp;case Posner wrote =
that "the=20
public interest would be served by avoiding<BR>&nbsp;further litigation, =
with=20
its potential for unsettling a key industry in the<BR>&nbsp;global =
economy". (<A=20
href=3D"http://www.microsoft.com/malaysia/press/linkpage1775.htm";>http://=
www.microsoft.com/malaysia/press/linkpage1775.htm</A>)<BR>&nbsp;<BR>&nbsp=
;He=20
has proposed and sought to test the theory that the common law is=20
best<BR>&nbsp;explained as if the judges were trying to promote =
"economic=20
efficiency". He<BR>&nbsp;has urged "wealth maximization" as a goal of =
legal and=20
social policy. <BR>&nbsp;<BR>&nbsp;Up until the late 1970s, U.S. =
antitrust law=20
was characterized by the<BR>&nbsp;pursuit of two (sometimes =
conflicting?) goals:=20
protecting consumers from<BR>&nbsp;monopolies and price fixing, and =
protecting=20
small businesses from larger<BR>&nbsp;competitors. Posner's book and a =
similar=20
volume by Judge Robert Bork ("The<BR>&nbsp;Antitrust Paradox") laid the=20
theoretical groundwork for a seminal shift in<BR>&nbsp;antitrust =
thinking--one=20
focusing primarily on "consumer welfare". In<BR>&nbsp;"Antitrust =
Economics",=20
Posner lays out why some types of economic behavior<BR>&nbsp;that up =
until then=20
had been considered anticompetitive (e.g. mergers<BR>&nbsp;between =
competitors,=20
exclusive supplier arrangements) can actually be good,<BR>&nbsp;i.e.=20
"pro-consumer". For example, while retail behemoths such as WalMart=20
or<BR>&nbsp;mergers like that between Daimler-Benz and Chrysler may be=20
devastating to<BR>&nbsp;smaller competitors, Posner argues benefit =
consumers by=20
generating<BR>&nbsp;economies of scale and lower prices. In "Economics =
of=20
Justice" Posner<BR>&nbsp;promoted "ethical wealth maximization" as an=20
alternative to Kantian ethics<BR>&nbsp;and utilitarian thought.=20
<BR>&nbsp;<BR>&nbsp;Posner also engaged in private consulting and was =
from 1977=20
to 1981 the<BR>&nbsp;first president of Lexecon Inc., a firm made up of =
lawyers=20
and economists<BR>&nbsp;that provides economic and legal research and =
support to=20
corporations in<BR>&nbsp;antitrust, securities, and other =
litigation.&nbsp;=20
Lexecon Inc. has assisted<BR>&nbsp;Lincoln Savings and Loan in =
perpretrating=20
fraud on investors and regulators<BR>&nbsp;(see <A=20
href=3D"http://law-phoenix.uchicago.edu//features/1006milberg.html";>http:=
//law-phoenix.uchicago.edu//features/1006milberg.html</A>),=20
and<BR>&nbsp;worked for junk-bond financier Michael Milken.=20
<BR>&nbsp;<BR>&nbsp;see also:<BR>&nbsp;<A=20
href=3D"http://www.law.uchicago.edu/faculty/posner-r/";>http://www.law.uch=
icago.edu/faculty/posner-r/</A><BR>&nbsp;<BR>&nbsp;<A=20
href=3D"http://www.src.uchicago.edu/users/gsb1/Rational/posnerbio.html";>h=
ttp://www.src.uchicago.edu/users/gsb1/Rational/posnerbio.html</A><BR>&nbs=
p;<BR>&nbsp;=20
&gt;&gt;<BR></DIV>
<DIV><FONT size=3D2>Chris Wright</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT size=3D2>Go where you may, search where you will, roam =
through all the=20
monarchies and despotisms of the old world, travel through South =
America, search=20
out every abuse, and when you have found the last, lay your facts by the =
side of=20
the everyday practices of this nation, and you will say with me, that, =
for=20
revolting barbarity and shameless hypocrisy, America reigns without a=20
rival.&nbsp; -- Frederick Douglass</FONT></DIV></BODY></HTML>

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