Law is an imperfect profession in which success can rarely be achieved without some sacrifice of principle. Thus all practicing lawyers -- and most others in the profession -- will necessarily be imperfect, especially in the eyes of young idealists. There is no perfect justice, just as there is no absolute in ethics. But there is perfect injustice, and we know it when we see it.
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.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
I think most defense attorneys honestly believe the principle that says, 'Better 10 guilty go free than even one possibly innocent person be convicted.
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.
We don't have an Official Secrets Act in the United States, as other countries do. Under the First Amendment, freedom of the press, freedom of speech, and freedom of association are more important than protecting secrets.
The threat of mutually assured destruction worked for the United States during the Cold War because it had proved its willingness to drop nuclear bombs on enemy cities at the end of World War II. It might work less well for Israel, because the Israeli Air Force has never deliberately targeted a large civilian population center, and its leaders have said its morality would not permit it do so.
Doing something because God has said to do it does not make a person moral: it merely tells us that person is a prudential believer, akin to the person who obeys the command of an all-powerful secular king.
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.
I think that lawyers are terrible at admitting that they're wrong. And not just admitting it; also realizing it. Most lawyers are very successful, and they think that because they're making money and people think well of them, they must be doing everything right.