Reviews

Many thanks to the academics and legal practitioners who have shared their valuable opinions on volumes one to three.

This is a very readable book on a very complex subject. The book does a superb job of combining legal theory, philosophy, history, and culture. As a professor, I can say it would be appropriate for both undergraduate and graduate students. As a former elected official, I believe the book provides the questions that help us to evaluate judicial candidates in the many jurisdictions that elect judges.

Andrew E. Dinniman, 

Professor West Chester University, State Senator, County Commissioner 

With the skill of a surgeon Moskowitz dissects the classic work of his tutor H.L.A. Hart The Concept of Law. The result is a genuine contribution to the understanding of the positivistic legal philosophy and the evolution of a new legal philosophy called creative positivism. Creative positivism maintains that judges look to alternate sources, such as wisdom and justice, in order to create new legal rules even when the existing law is clear resulting in new law.

Leo Zamparelli, former Law Partner and former student of the author's

The Judge and the President is an approachable yet thought provoking volume in the series, The Judge and the Creative Positivist. David H. Moskowitz demonstrates just how complex the law can be as he discusses Trump's Department of Justice Indictment compared to the Georgia Indictment and how his criminal cases are likely to vary across the state and federal systems. The first two volumes in this series are foundational building blocks for understanding legal philosophy, and The Judge and the President ties in relevant and unprecedented issues.

Mary Lawrence, Associate Attorney, MacElree Harvey Ltd., West Chester PA

David Moskowitz is masterful in explaining complex legal issues clearly and accessibly. In his series’ third volume, The Judge and the President, Moskowitz breaks down the labyrinthine criminal charges pending against Donald J. Trump in Georgia and elsewhere, revealing the strength and intricacy of the case against Trump and his co-conspirators. Even non-specialist readers will come away with a firm grasp of the legal issues at stake and how they fit into Moskowitz’s broader philosophical framework. Highly recommended!

Prof. Michelle Madden Dempsey, Villanova Law School. 

Elected member of the American Law Institute and a Fellow of the American Bar Foundation; Inaugural Harold Reuschlein Scholar Chair, 2018

The Judge and the Creative Positivist is an incisive and deeply learned quartet of books that extend the legal philosophy of the great English jurisprudent HLA Hart to better account for the creative aspects of judging that have long bedeviled standard positivist analyses of law. Authored by David Moskowitz, a former student of Hart’s and a practicing attorney of extraordinary and wide-ranging accomplishments, the series deserves to be read by all serious students of American law.

Mitchell Berman, Professor, Penn Carey Law School

This is very informative and well written. I especially liked the insight into the difference
between giving legal advice about what the law is as distinguished from advice about what the law should be. I was also impressed with the plethora of detail about the evidence assessed against some of the individual defendants and your take on the RICO trial aspects of the Georgia indictment. Dave covered a lot of territory I did not know and was completely unaware of. I was paying attention to developments in the cases but have to confess I was completely unaware of most of what he reports on … great work.

Louis Kupperman, Lawyer Chester County