A Memory of Richard Posner

One of my happiest teaching memories involved a field trip to the University of Chicago. Some faculty members there had organized a conference on the subject of fault in contract law. I asked if I could bring some of my students to attend, and to my surprise, we were invited to join. Judge Posner was going to give a paper, and I thought it might inspire my more ambitious students to see the legendary judge and scholar in action. He did not disappoint, nor did the other participants. The proceedings were published in Volume 107 of the Michigan Law Review. I’ve written before about George Cohen’s response to Judge Posner’s contribution.

But the real show came afterwards. At the end of a long day of scholarly exchange, I was gathering my students for the hour-long trip back to Valparaiso. Judge Posner happened to leave the building just behind us, and one of my students wanted to have a word. The rest of us waited from a polite distance, and so I don’t know what they discussed. The conversation lasted far longer than I expected. I saw my student posing his question with a sense of urgency. I saw Judge Posner’s placid expression as he listened. Judge Posner then responded, obviously engaged.

There were follow-up questions or statements. The conversation went on so long, I started to look for signs that Judge Posner was getting irritated and wanted to get home after a long day. There were no signs. No rescue party was sent. Judge Posner wasn’t smiling or laughing, but he also seemed perfectly content to discuss contracts theory with a first-year student from an unranked law school until the student’s curiosity was sated.

I don’t recall how the conversation ended. I don’t recall if they shook hands or just nodded and continued along their different trajectories. I hope that the student, whose name is now lost to me, values the conversation for the insights he gained and for the satisfaction of being able to drink directly from the source of so much legal wisdom.

I value the conversation for the insights I gained into Judge Posner’s humanitas.