Monday, September 4, 2017

Posner vs. Sunstein writing deathmatch

In 1997, Ronald Dworkin, a fierce critic of [Richard] Posner’s, wrote an article that was in large part an attack on the two of us. Dworkin argued that we constituted a new “Chicago School,” that we were wrongly dismissive of high theory and philosophical questions, and that we were basically full of nonsense.

Posner suggested that we should do a joint reply, and I happily agreed. As I recall, it was a Friday, and I was determined to write the first draft, so as to shape both the tone and the content. Over the weekend, I worked as hard as I have ever done. On early Monday morning, probably around 7:45, I faxed him a 21-page, single-spaced draft. It lacked footnotes, and it was pretty rough, but, still, mission accomplished. I was pretty proud of myself.

When I got back to my office, I spotted something on my chair. It was from Posner. It had 35 pages. It was fully footnoted. It read like a dream. Needless to say, it was much more polished than mine, and better in every way.

As always, Judge Posner was ahead of the rest of us, even when we run as fast as we can.
--Cass Sunstein, Bloomberg, on pitting two of the fastest writers in legal academe against each other. HT: Marginal Revolution