HearsayOutside of this context of shared assumptions, e-mail
functions like bad poetry where any meaning can be put into the e-mail depending on what
youre trying to see. And that makes it a very dangerous type of document outside of
context that people can control.
-Professor Lawrence Lessig, during March 11 interview about e-mail as legal evidence in
court on Morning Edition, National Public Radio.
The construction of a state that prohibits
discrimination and protects the rights of minorities is now a central aspiration of
civilization in this century. The entire human rights corpus is premised on these
preeminent norms. Living with difference and otherness within the borders of a
state is required and assumed to be essential for human development. The very
legitimacy of a state partially depends on its relationships with different communities.
But as the examination of the former Yugoslavia clearly demonstrates, living with
difference is much more difficult than international society is willing to
acknowledge.
-Makau Mutua LL.M. 85 S.J.D. 87, visiting HLS professor, from his April 21
op-ed in the Boston Globe.
A Web page simulating, or even glorifying, violence
and hatred is not outside the First Amendments protection any more than are
disgusting board games, magazines, or political tracts. The same First Amendment that
safeguards the right of Nazis to march through Skokie protects the right of an adult to
put virtual machine guns aimed at lifelike human targets on his or her computer screen.
At the same time, Internet speech doesnt have
more constitutional protection than speech disseminated in a more old-fashioned and
limited manner. In particular, direct threats or other messages that by their very
utterance cause harm receive no more protection on the Internet than anyplace else.
Releasing a computer virus through e-mail deserves no greater immunity than crying
Fire in a crowded theater.
-Professor Laurence Tribe 66, from his April 28 op-ed in the New York Times,
occasioned by national debate about the possible role in the Littleton, Colorado, school
massacre of hate speech and violent computer game playing over the Internet.
I have a question about whether we should be
inducing women to sell their eggs and to sell parenting rights.
Professor Elizabeth Bartholet 65 who has called for a halt to egg donations
and other uses of reproductive technology until a national commission is formed to set
rulesin U.S. News & World Report, April 12.
Sacco and Vanzetti [the famous case] plays a role in
the psyche of some Massachusetts people. Indeed, I think it probably explains why the
message of the Vatican has taken hold, I think, more strongly among Irish Catholics and
Italian Catholics in Massachusetts than elsewhere. I think people with immigrant
backgrounds have been told terrible stories of discriminatory application of the death
penalty against immigrants.
-Professor Alan Dershowitz, during March 23 report on Massachusetts death penalty
debate, All Things Considered, National Public Radio. Massachusetts is one of
only 12 states that do not have the death penalty. Sacco and Vanzetti were executed in
1919, with many believing the anarchists were convicted due to prejudice against
immigrants.
Much of medieval canon law has passed
overoften unnoticedinto the laws of the state. And many of the legal reforms
the medieval papacy promoted [such as rational trial procedures, legal protection of the
poor] command respect even seven and eight centuries later.
-Harold Berman, professor emeritus, quoted in 2000 Years of Jesus, Newsweek,
March 29, about the influence of Christian ideas on the modern world.
The inherent faults in the Independent Counsel Act
cannot be fixed merely by tinkering with the laws details. But it would be a mistake
for Congress simply to let the act expire without replacing it with a different system.
Doing so would mean that the next time serious charges of criminal misconduct are raised
against a President or other top officials, much of the public will be left with
suspicions that any investigation might be influenced by politics or personal interest. .
. .
[A way to] quiet such fears while also avoiding the
institutional flaws [of the current system] is to assign the investigation and prosecution
of criminal charges against high officials to a pre-existent, permanent unit of
government, and then to couple the assignment with strong safeguards against outside
influence. The most suitable unit is the Justice Departments criminal division,
which is headed by an Assistant Attorney General. In fact, such a system was in place from
1979 to 1981, after Watergate and before the Independent Counsel Act took full
effect.
-Archibald Cox 37, professor emeritus, and Professor Philip Heymann 60,
from their March 10 op-ed in the New York Times.
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