Posner and Gates

Carrol Cox cbcox at ilstu.edu
Tue Nov 30 20:59:23 PST 1999

Marta Russell wrote:

> Legally, I don't know how Posner can be brought into the fray between
> Gates and the Federal lawyers because it seems that he would be

It's a bit simpler than that. I don't remember the details, but the judge trying the case appointed Posner as a mediator. The final decision is still the judge's. It's up to Gates and the Justice Dept. to agree or not to agree, and if they do, the judge (what is his name? it's slipped my mind) still has to approve it; if they don't agree, the judge will then impose his own decision (which of course can be appealed). The advantages from the point of view of the federal lawyers of a mediated settlement is that it will eliiminate a decade or so of appeals and counter-appeals.


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