Zitat des Tages von Jed S. Rakoff:
I admired Truman, among many other things, because he integrated the Army. I admired JFK because the very first civil rights legislation was passed at his insistence. JFK showed what you could do, though he was a deeply flawed person, as we all now know.
Companies do not commit crimes; only their agents do. And while a company might get the benefit of some such crimes, prosecuting the company would inevitably punish, directly or indirectly, the many employees and shareholders who were totally innocent.
In baseball you have individual responsibility, and if you fail it, you get an error. But at the same time, your focus is on the common goal of the team to win. This is part of what resonates with people about baseball. This is how they would like society to work.
One of the many things I like about baseball is how it combines individual talent and teamsmanship.
An application of judicial power that does not rest on facts is worse than mindless, it is inherently dangerous. If its deployment does not rest on facts - cold, hard, solid facts, established either by admissions or by trials - it serves no lawful or moral purpose and is simply an engine of oppression.
Judges have to be neutral, but they don't have to be eunuchs.
If, in the name of combating terrorism, we so restrict our own freedom, have we not thereby lost part of the very battle we seek to win?
The price of being a nice guy is too high - much too high - in terms of the system of justice.
I was always attracted to taking a novel position, but one grounded in the materials I'd been given, not made up out of whole cloth.
It's very hard to uphold individual liberty when the person you're representing is often a crook.
If crimes are committed, they are committed by people; they are not committed by some free-floating entity. These companies and other entities don't operate on automatic pilot. There are individuals that make decisions - and some make the right decisions, and some make the wrong decisions.
Why should the court impose a judgment in a case in which the SEC alleges a serious securities fraud, but the defendant neither admits nor denies wrongdoing?
Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about.
