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 all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
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.
Students throughout the totalitarian world risk life and limb for freedom of expression, many American college students are demanding that big brother restrict their freedom of speech on campus. This demand for enhanced censorship is not emanating only from the usual corner - the know-nothing fundamentalist right - it is coming from the radical, and increasingly not-so-radical left as well.
In today's distorted world of 'human rights,' truth takes a back seat to ideology, and false claims - especially those that 'support' radical ideologies - persist even after they have been exposed.
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.
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 can't find anything in the Constitution that says you prefer the life of the mother, or the convenience of the mother if it's an abortion by choice, over the potential life of the fetus. Look, I think women, if they're required to not have abortions, could die and could - so I favor a woman's right to choose.
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.
Ed Koch will never "rest in peace." That was not his way. He was always nervously squirming, while making others squirm as well. Comfort was not his goal. He understood that to be a proud and assertive Jew meant never being able to leave a sigh of relief and say "it's over, we are at peace, we can now put down our guard and relax."