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@lawquotes-blog
[Y]ou remember the old maxim that if the legislative history is unclear, you look to the words of the statute.
Hon. Richard S. Arnold, The Art of Judging: Remarks before the Judicial Conference of the Eighth Circuit (Aug. 8, 2002).
As is often the case, congressional silence whispers sweet nothings in the ears of both parties.
Louisiana Health Serv. & Indem. Co. v. Rapides Healthcare Sys., 461 F.3d 529, 537 (5th Cir. 2006).
In addition to being a popular vacation site, Florida is well known as a source of narcotics and other illegal drugs.
Illinois v. Gates, 462 U.S. 213, 243 (1983) (Rhenquist, J.).
Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.
Justice Louis D. Brandeis, Other People’s Money, Harper's Weekly (Nov. 29, 1913), available at http://www.law.louisville.edu/library/collections/brandeis/node/196.
We find an implicit critique of the state of exception in Dante's De monarchia. Seeking to prove that Rome gained dominion over the world not through violence but iure, Dante states that it is impossible to obtain the end of law (that is, the common good) without law, and that therefore "whoever intends to achieve the end of law, must proceed with law [quicunque finem iuris intendit cum iure graditur]" (2.5.22). The idea that a suspension of law may be necessary for the common good is foreign to the medieval world.
Giorgio Agamben, State of Exception, Kindle location 376-379 (2005).
The power to tax is not the power to destroy while this Court sits.
Panhandle Oil Co. v. State of Mississippi ex rel. Knox, 277 U.S. 218, 223 (1928) (Holmes!).
It is always a doubtful course, to argue against the use or existence of a power, from the possibility of its abuse
Martin v. Hunter's Lessee, 14 U.S. 304, 344 (1816).
It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. This Court has the power to prevent an experiment. . . . But, in the exercise of this high power, we must be ever on our guard, lest we erect our prejudices into legal principles. If we would guide by the light of reason, we must let our minds be bold.
New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting).
When a donkey tries to fly, you don't get upset if he only gets two feet off the ground.
Professor Marty Redish, Federal Jurisdiction Lecture, 24 October 2011.
One of the great CIA secrets is that there are no people in Delaware - just corporations.
Professor Marty Redish, Federal Jurisdiction Lecture, 24 October 2011.
The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men.
Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harv. L. Rev. 457 (1897).
When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal.
Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harv. L. Rev. 457 (1897) (describing black-letter versus more fundamental interpretation of a law/dragon).
Get down, you damn fool, before you get shot!
6th Corps Captain Oliver Wendell Holmes, Jr. to President Lincoln, Battle of Fort Stevens, July 12, 1864.
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
Martin Luther King, Jr., Letter From Birmingham Jail (1963).
Third, the notion of traveling to school in a Harrier Jet is an exaggerated adolescent fantasy. . . . [In the commercial, t]he force of the wind generated by the Harrier Jet blows off one teacher's clothes, literally defrocking an authority figure. As if to emphasize the fantastic quality of having a Harrier Jet arrive at school, the Jet lands next to a plebeian bike rack. This fantasy is, of course, extremely unrealistic. No school would provide landing space for a student's fighter jet, or condone the disruption the jet's use would cause.
Leonard v. Pepsico, Inc., 88 F. Supp. 2d 116, 129 (S.D.N.Y. 1999).
In light of the Harrier Jet's well-documented function in attacking and destroying surface and air targets, armed reconnaissance and air interdiction, and offensive and defensive anti-aircraft warfare, depiction of such a jet as a way to get to school in the morning is clearly not serious even if, as plaintiff contends, the jet is capable of being acquired in a form that eliminates [its] potential for military use.
Leonard v. Pepsico, Inc., 88 F. Supp. 2d 116, 129 (S.D.N.Y. 1999) (citation omitted).
Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.
W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 641 (1943) (Jackson, of course).