Word: posner
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Even liberal columnists such as McGrory and Gerald Posner are extolling the president’s triumphs. Although Posner railed against Bush’s inadequacies prior to last November’s election, he now feels, “President Bush showed all of us who doubted him, and who voted against him, that he is indeed a leader.” In a Sept. 25 Wall Street Journal Op-Ed, Posner stressed that Bush “has converted many of us to admirers, and he deserves our complete support. The entire administration, from Colin Powell to Donald...
...seemed to be pushing both sides back to the bargaining table. It's likely that Microsoft and the government will start talking sooner rather than later. But that doesn't mean they will get to yes. The parties tried to make a deal last year, with federal Judge Richard Posner as mediator. But the states and Microsoft reportedly could not agree on the remedy. In any new negotiations, that same stalemate may occur again...
...failed effort to reach a settlement before Judge Jackson ruled. Justice and Microsoft were moving toward compromise. But, Auletta reports, the state attorneys general--who had to sign off on the deal--took a harder line than Justice on what the remedy should be, causing the mediator, Judge Richard Posner, to throw up his hands. The book's main flaw is one of pacing: there's too much detail on the trial and too little on Judge Jackson's order to divide up Microsoft...
...other words, Posner may be the perfect mediator: someone each side is a little afraid of. What happens next? Posner will probably meet with the parties together and separately to hunt for common ground. (One question: Will Posner and Bill Gates be sitting down for a chat?) Count on the parties to be closemouthed throughout the negotiations. "We're not even going to talk about the food we ate," Justice Department lawyer David Boies said after the first day's meeting. If talks fail, it's back to court in late February for the next phase: arguments over Judge Jackson...
...possible, however, that Posner could make all that unnecessary. One path the negotiations are likely to explore is spinning off Microsoft's operating-systems division, which makes Windows, into its own company. That would track the logic of Judge Jackson's findings of fact: that it's not illegal for Microsoft to have an operating-systems monopoly, but it is illegal to leverage the monopoly to gain an unfair advantage in other markets. Carving Windows out of Microsoft would probably be sufficiently dramatic to please the Justice Department. It might not thrill Microsoft, but it would be preferable...