If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.

African-Americans are as fair as any other group, but they bring their life experiences to bear as just as whites bring their experiences to bear.

When you discriminate against anyone, you discriminate against everyone. It's a display of terrible intolerance.

The best answer to bad speech is good speech

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.

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.

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.