I was an advocate of the deregulation movement and I made - along with a lot of other smart people - a fundamental mistake, which is that deregulation works fine in industries which do not pervade the economy. The financial industry undergirded the entire economy and if it is made riskier by deregulation and collapses in widespread bankruptcies as what happened in 2008, the entire economy freezes because it runs on credit.
Richard PosnerViolent video games played in public places are a tiny fraction of the media violence to which modern American children are exposed. Tiny - and judging from the record of this case, not very violent compared to what is available to children on television and in movie theaters today.
Richard PosnerThe Constitution has to be interpreted loosely, otherwise it becomes a straitjacket. You can't interpret it literally. You can pretend to, and go digging around in 18th Century dictionaries to figure out what 'cruel and unusual punishment' meant or what the 'right to bear arms' meant, but that is all fake really. The Constitution has to be interpreted in light of modern needs, and that's what they (the strict interpreters) end up doing in spite of all their investigations.
Richard PosnerThe only rationale that the states put forth with any conviction-that same-sex couples and their children don't need marriage because same-sex couples can't produce children, intended or unintended-is so full of holes that it cannot be taken seriously.
Richard PosnerHeterosexuals get drunk and pregnant, producing unwanted children; their reward is to be allowed to marry. Homosexual couples do not produce unwanted children; their reward is to be denied the right to marry. Go figure.
Richard Posner