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.
It is the wall of separation between church and state . . . that is largely responsible for religion thriving in this country, as compared to those European countries in which church and state have been united, resulting in opposition to the church by those who disapprove of the government.
President Obama has earned my vote on the basis of his excellent judicial appointments, his consensus-building foreign policy and the improvements he has brought about in the disastrous economy he inherited.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.
Though Israel may often be deserving of criticism, what is missing is the comparable criticism of equal or greater violations by other countries and other groups. This constant, often legitimate criticism of Israel for every one of its deviations, when coupled with the absence of legitimate criticism of others, creates the impression currently prevalent on university campuses and in the press that Israel is among the worst human rights violators in the world....it is not true, but if it is repeated often enough, it takes on a reality of its own.
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.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.
No country in the history of the world has ever contributed more to humankind and accomplished more for its people in so brief a period of time as Israel has done since its relatively recent rebirth in 1948.
I believe that if Israel were to put an end to the settlements in the West Bank tomorrow, as it did in Gaza, there would still be reluctance on the part of the Palestinian Authority to recognize Israel's right to exist as a Jewish secular democracy.
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.