I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
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.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
What the United States has to do is send a clear message to Iran that they will not be able to develop nuclear weapons. Why endure the difficulty of sanctions if they are not going to be able to develop nuclear weapons anyway?
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.
We have to fulfill what the real meaning of the Second Amendment is: reasonable access to guns for self-protection and for hunting. And there's no room in America for these semiautomatic, automatic and other kinds of weapons that are simply designed to cause mass havoc.
We, the People of this country, have no unalienable rights... all our rights are subject to modification... the Constitution of the United States of America is nothing more than a piece of paper and... our government should not be restrained by the Constitution because our government can do good things for people.
When I was growing up, my mother would always say, 'It will go on your permanent record.' There was no 'permanent record.' If there were a 'permanent record,' I'd never be able to be a lawyer. I was such a bum, in elementary school and high school... There is a permanent record today and it's called the Internet.
Yes, believers and non-believers and skeptics can all live together and get along. But there cannot be an imperialistic imposition of religion by the state or by the church. All people must be equal--believers, skeptics, disbelievers, atheists, and those who chose religion. Unless we are all deemed equal, and unless the morality of disbelief is deemed the equivalent of the morality of belief, we will simply be tolerated, and that is not the American way.
I tell my students, if you ever become comfortable with your role as criminal defense lawyer, it's time to quit. It should be a constant source of discomfort, because you're dealing with incredible moral ambiguity, and you've been cast into a role which is not enviable.
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.
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.
I'd require that every university, public or private, be governed by the constitutional standards regarding freedom of expression and due process. There is no reason for treating adult college students any differently in the university setting than in the outside world.
The plain message conveyed by the new administration is that George W Bush's America is a Christian nation, and that non-Christians are welcome into the tent so long as they agree to accept their status as a tolerated minority rather than as fully equal citizens. In effect, Bush is saying: "This is our home, and in our home we pray to Jesus as our savior. If you want to be a guest in our home, you must accept the way we pray."
I think mistakes are the essence of science and law. It's impossible to conceive of either scientific progress or legal progress without understanding the important role of being wrong and of mistakes.