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.
It's a new phenomenon in America that states can now sue the national government and become a kind of check and balance on the excesses of the federal government.
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.
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.
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.
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.
If you're a prosecutor, and you believe the defendant is guilty, you only talk about ultimate truth, but not intermediate truth. If you're the defense attorney, you care deeply about intermediate truth, but you tend to neglect ultimate truth.
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.
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.
When the Jews were being persecuted by the Nazis in 1944 we passed the War Refugee Act, which focused on rescuing Jews, a religious group. But if the religious group is the subject of the persecution based on their religion, it's perfectly OK for a First Amendment-bound society to emphasize their rescue, just as it is perfectly OK to emphasize the fact that many, if not all of the perpetrators of Islamic terrorism, come from countries with a history of supporting terrorism.
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.