"The more powerful the government's claim to be acting in the public interest, the more important it is that it actually be doing so."
This quote underscores the importance of transparency and accountability in government actions, particularly when they are claimed to act in the "public interest." It emphasizes that a strong claim for the greater good should always be matched by corresponding evidence or proof. The idea is that, given the vast power governments wield, it's crucial they genuinely serve their citizens' best interests and not misuse that authority for personal gain or other selfish motives.
"To be a good judge, you have to reject your reflexes."
This quote by Jed S. Rakoff emphasizes the importance of self-awareness and impartiality in the judicial role. Being a "good judge" isn't just about acting on instincts (reflexes), but rather about consciously setting aside personal biases, beliefs, or preconceived notions to fairly evaluate each case based on its own merits and the law. It signifies the essence of being an unbiased arbitrator of justice.
"Complexity is the friend of the incumbent and the enemy of the people."
This quote by Jed S. Rakoff emphasizes that complex systems or situations often work in favor of established, powerful entities due to their familiarity and understanding of those complexities. For average individuals, however, such complexity can be a barrier to comprehension, leading to confusion, disadvantage, or powerlessness. The message is that complex systems should ideally be simplified for the benefit of everyone, ensuring fairness and promoting transparency.
"In law, as in life, the real test of a person's character comes when he or she is confronted with choices between competing interests and must decide what is truly important."
This quote by Jed S. Rakoff suggests that a person's true character is revealed in situations where they have to make difficult decisions, balancing competing interests and priorities. The statement implies that genuine integrity, ethics, or values are demonstrated not just in easy choices but also in challenging circumstances where personal biases, desires, and responsibilities collide, forcing one to choose what truly matters most. This perspective encourages self-reflection on our moral compass and decision-making abilities when faced with complex choices in both life and law.
"It is a rare case that cannot be resolved through compromise and mutual accommodation, especially when both sides understand that it is better to get 90% of what you want than 100% of nothing at all."
This quote emphasizes the importance of compromise in resolving disputes or achieving goals. The speaker suggests that achieving a significant portion (90%) of one's desired outcome is often more beneficial than rigidly holding out for everything (100%), which may result in obtaining nothing at all. It underscores the value of understanding and collaboration, encouraging parties to work together towards mutually acceptable solutions rather than persistently pursuing absolute victory or perfection.
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.
- Jed S. Rakoff
Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
- Jed S. Rakoff
I've never been impressed with bureaucratic tradition. I don't like it when the parties come to me and say, 'This is the way that it's always done, judge.' I never found anything in the oath I took or the statutes I was asked to look at that said, 'Judge, stop thinking, because this is the way it was done before.'
- Jed S. Rakoff
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.
- Jed S. Rakoff
In my experience, most federal prosecutors, at every level, are seeking to make a name for themselves, and the best way to do that is by prosecuting some high-level person. While companies that are indicted almost always settle, individual defendants whose careers are at stake will often go to trial.
- Jed S. Rakoff
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