AUT: Re: Increasing Police Repression

["Damien Lawson" <damienlawson@xxxxxxxxxxxx>]

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Chris,

can you tell me some more about Posner and the background to this post? =
When di he become a judge? Who appointed him? What is the context to =
this ruling? Where do I find the ruling?

Damien
  ----- Original Message -----=20
  From: Chris Wright=20
  To: aut-op-sy@xxxxxxxxxxxxxxxxxxxxxxxxxx=20
  Sent: Friday, February 09, 2001 11:31 AM
  Subject: AUT: Increasing Police Repression


  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
   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><FONT face=3DArial size=3D2>Chris,</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>can you tell me some more about Posner =
and the=20
background to this post? When di he become a judge? Who appointed him? =
What is=20
the context to this ruling? Where do I find the ruling?</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>Damien</FONT></DIV>
<BLOCKQUOTE=20
style=3D"BORDER-LEFT: #000000 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: =
0px; PADDING-LEFT: 5px; PADDING-RIGHT: 0px">
  <DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
  <DIV=20
  style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
  <A href=3D"mailto:cwright@xxxxxxxxxxxxxxx"; =
title=3Dcwright@xxxxxxxxxxxxxxx>Chris=20
  Wright</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A=20
  href=3D"mailto:aut-op-sy@xxxxxxxxxxxxxxxxxxxxxxxxxx"=20
  =
title=3Daut-op-sy@xxxxxxxxxxxxxxxxxxxxxxxxxx>aut-op-sy@xxxxxxxxxxxxxxxxxx=
inia.edu</A>=20
  </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Friday, February 09, 2001 =
11:31=20
  AM</DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Subject:</B> AUT: Increasing Police =

  Repression</DIV>
  <DIV><BR></DIV>
  <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)=20
  if 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=20
  Law"-now in its fifth edition-and "The<BR>&nbsp;Economics of Justice") =
and=20
  many articles exploring the application of free<BR>&nbsp;market =
economics to=20
  law. For example, concerning the Microsoft antitrust<BR>&nbsp;case =
Posner=20
  wrote that "the public interest would be served by =
avoiding<BR>&nbsp;further=20
  litigation, with its potential for unsettling a key industry in=20
  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=20
  and social policy. <BR>&nbsp;<BR>&nbsp;Up until the late 1970s, U.S. =
antitrust=20
  law was characterized by the<BR>&nbsp;pursuit of two (sometimes =
conflicting?)=20
  goals: protecting consumers from<BR>&nbsp;monopolies and price fixing, =
and=20
  protecting small businesses from larger<BR>&nbsp;competitors. Posner's =
book=20
  and a similar volume by Judge Robert Bork ("The<BR>&nbsp;Antitrust =
Paradox")=20
  laid the theoretical groundwork for a seminal shift =
in<BR>&nbsp;antitrust=20
  thinking--one focusing primarily on "consumer welfare". =
In<BR>&nbsp;"Antitrust=20
  Economics", Posner lays out why some types of economic =
behavior<BR>&nbsp;that=20
  up until then had been considered anticompetitive (e.g.=20
  mergers<BR>&nbsp;between competitors, exclusive supplier arrangements) =
can=20
  actually be good,<BR>&nbsp;i.e. "pro-consumer". For example, while =
retail=20
  behemoths such as WalMart or<BR>&nbsp;mergers like that between =
Daimler-Benz=20
  and Chrysler may be devastating to<BR>&nbsp;smaller competitors, =
Posner argues=20
  benefit consumers by generating<BR>&nbsp;economies of scale and lower =
prices.=20
  In "Economics of Justice" Posner<BR>&nbsp;promoted "ethical wealth=20
  maximization" as an alternative to Kantian ethics<BR>&nbsp;and =
utilitarian=20
  thought. <BR>&nbsp;<BR>&nbsp;Posner also engaged in private consulting =
and was=20
  from 1977 to 1981 the<BR>&nbsp;first president of Lexecon Inc., a firm =
made up=20
  of lawyers and economists<BR>&nbsp;that provides economic and legal =
research=20
  and support to corporations in<BR>&nbsp;antitrust, securities, and =
other=20
  litigation.&nbsp; Lexecon Inc. has assisted<BR>&nbsp;Lincoln Savings =
and Loan=20
  in perpretrating 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=20
  the monarchies and despotisms of the old world, travel through South =
America,=20
  search out every abuse, and when you have found the last, lay your =
facts by=20
  the side of the everyday practices of this nation, and you will say =
with me,=20
  that, for revolting barbarity and shameless hypocrisy, America reigns =
without=20
  a rival.&nbsp; -- Frederick =
Douglass</FONT></DIV></BLOCKQUOTE></BODY></HTML>

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