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
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
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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