I fear that the impact of university censorship and university denial of due process will be to mis-educate a generation of students away from core values of civil liberties and constitutional safeguards. Students who have been led to believe by university administrators and faculty that censorship and denial of due process are acceptable norms will be more susceptible to accepting those norms in their post-university lives. That would be a tragedy for America.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
Let no one ever shy away from the claim that Jews have power, that Jews have influence. We have learned the terrible lesson of history; that unless we have influence and power, disproportionate to our small numbers - immoral results will occur. We need power. And we must continue to use our power. Power which we earned, power which no one gave us on a silver platter, power which we worked hard for - use that power in the interests of justice.
Freedom of speech means freedom for those who you despise, and freedom to express the most despicable views. It also means that the government cannot pick and choose which expressions to authorize and which to prevent.
Our First Amendment expresses a far different calculus for regulating speech than for regulating nonexpressive conduct and that is as it should be. The right to swing your fist should end at the tip of my nose, but your right to express your ideas should not necessarily end at the lobes of my ears.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
You know, it's ironic to me that Christians want to keep the Ten Commandments in our schools, because Christianity has abrogated four of the Ten Commandments. For example, the Sabbath day according to the Ten Commandments is Saturday, not Sunday. And the reason is because God rested, not because Jesus was resurrected.
When I decide who to vote for as President, I ask myself who will be best for America and for the world. An important component of my answer involves my assessment of the candidate's willingness and ability to protect Israel's security, since I strongly believe that a strong Israel serves the interests of the United States and of world peace.
Good character consists of recognizing the selfishness that inheres in each of us and trying to balance it against the altruism to which we should all aspire. It is a difficult balance to strike, but no definition of goodness can be complete without it.
When it comes to partisan politics, everyone is a hypocrite. And all they care about is whether it hurts or helps them ... Is it good or bad for the Democrats? Is it good or bad for the Republicans? Is it good or bad for Jews, or good or bad for blacks, or is it good or bad for women? Is it good or bad for men? Is it good or bad for gays? That's the way people think about issues today. There is very little discussion of enduring principles.
I came from a poor family, so working and going to school at the same time was natural. It taught me multi-tasking, although we didn't call it that back then. I learned I could never be idle, I need to be doing many things at once.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
I've written important articles on prevention, on the concept of the preventive state, how the law is moving much more in an area of trying to prevent wrongs than trying to deal with them after they occur. That will be my academic/intellectual legacy.