“Today is only one day in all the days that will ever be. But what will happen in all the other days that ever come can depend on what you do today.” – Ernest Hemingway, For Whom the Bell Tolls
“No animal has more liberty than the cat; but it buries the mess it makes. The cat is the best anarchist.” – Ernest Hemingway, For Whom the Bell Tolls
“How can the world be made better if there are no children of us who fight against the fascists?” – Ernest Hemingway, For Whom the Bell Tolls
“An officer’s use of deadly force is reasonable under the Fourth Amendment if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. In determining whether an officer’s use of deadly force is objectively reasonable, a court must determine what was reasonable under the circumstances, considering the totality of the circumstances, including the severity of crime at issue, whether the suspect posed an immediate threat to the safety of the officers or others, and whether the suspect resisted arrest or attempted to evade arrest by flight. It is unreasonable under the Fourth Amendment for police officer to seize an unarmed, nondangerous suspect by shooting him dead, or to use a choke hold to restrain an individual when he or she poses no harm. It is also unreasonable for an officer to use deadly force on a suspect walking towards the police if the suspect’s hands are at his or her sides. Although the initial use of force may be reasonable, the continued use of deadly force in attempting to arrest a suspect may become unreasonable when such force is no longer necessary. An officer must warn a suspect that he or she might shoot, if feasible under the circumstances. The officer may be criminally responsible or civilly liable if the officer uses more force than is necessary to effect the arrest.” – Michele Hughes and Eric C. Surette, American Jurisprudence, Second Edition
“A common criticism of legal writing is that those in the legal profession are enamored of redundancy. They cannot merely say null. They must say null and void and of no legal force or effect. Is all this needed? If something is null, isn’t it void? If it is void, can it have legal effect? The reason legal writing is so prone to word doubling (and tripling) lies in the history of our language. English has its roots in Latin and French as well as in the language of the Celts and the Anglo-Saxons. Often word pairings were used to ensure that readers would understand phrases regardless of their background or station in life. Thus, the French word peace joined with the Latin word quiet. These redundant doublings have persisted long after any need for them. Their use today is often the result of habit rather than necessity.” – Deborah E. Bouchoux, Aspen Handbook for Legal Writers (emphases in original)
“There is no one who cannot be hurt.” – Ernest Hemingway, For Whom the Bell Tolls
“Prison is nothing. Prison only makes hatred.” – Ernest Hemingway, For Whom the Bell Tolls
“Bending and buckling (deformation) of steel beams and columns occurs when the steel temperature exceeds approximately 538 degrees C (1000 degrees F). At elevated temperatures, steel exhibits a progressive loss of strength. When there is a greater fire exposure, the load required to cause deformation is reduced. Deformation is not the result of melting. A deformed element is not one that has melted during the fire, and therefore the occurrence of such deformation does not indicate that the material was heated above its melting temperature.” – Technical Committee on Fire Investigations, Sec. 6.2.9.1, NFPA 921 Guide for Fire and Explosion Investigations (2011 Edition)
“U.S.S. PT-109, commanded by Lieutenant John F. Kennedy, was sunk after it was rammed by a Japanese destroyer in Blackett Strait in the Solomons. Eleven of the 13 crewmen survived and a week later were returned to their base and Rendova after harrowing and heroic efforts to elude the Japanese. (The official report on PT-109‘s loss was cowritten by the flotilla’s intelligence officer, Lieutenant (j.g.) Byron R. White, a 1962 appointment to the U.S. Supreme Court by President John F. Kennedy.) – Robert Goralski, “August 2, 1943,” World War II Almanac: 1931-1945
“The American destroyer escort Harmon was launched. It was the first U.S. Navy ship ever named for a black, Leonard Roy Harmon, a mess attendant killed while saving a shipmate’s life during the fight for Guadalcanal. He received the Navy Cross posthumously. The ship was christened by his mother.” – Robert Goralski, “July 25, 1943,” World War II Almanac: 1931-1945
“All contractors involved in the production of U.S. war materials were barred from practicing racial discrimination.” – Robert Goralski, “May 27, 1943,” World War II Almanac: 1931-1945
“Expectation bias is a well-established phenomenon that occurs in scientific analysis when investigator(s) reach a premature conclusion without having examined or considered all of the relevant data. Instead of collecting and examining all of the data in a logical and unbiased manner to reach a scientifically reliable conclusion, the investigator(s) uses the premature determination to dictate investigative processes, analyses, and, ultimately, conclusions, in a way that is not scientifically valid. The introduction of expectation bias into the investigation results in the use of only that data that supports this previously formed conclusion and often results in the misinterpretation and/or the discarding of data that does not support the original opinion. Investigators are strongly cautioned to avoid expectation bias.” – Technical Committee on Fire Investigations, Sec. 4.3.8, NFPA 921 Guide for Fire and Explosion Investigations (2011 Edition)
“Any hypothesis that is incapable of being tested is an invalid hypothesis. A hypothesis developed based on the absence of data is an example of a hypothesis that is incapable of being tested. The inability to refute a hypothesis does not mean that the hypothesis is true.” – Technical Committee on Fire Investigations, Sec. 4.3.6.1, NFPA 921 Guide for Fire and Explosion Investigations (2011 Edition)
“Germany’s military overthrow was not an undeserved catastrophe, but a well-merited punishment which was in the nature of an eternal retribution. This defeat was more than deserved by us.” – Adolf Hitler, Mein Kampf (trans. Murphy)
“As some historians have contended, [British Prime Minister] Chamberlain in the end saw himself as a practical businessman willing to deal with the world as it was, engage in hardheaded negotiation with others, and strike a mutually beneficial bargain on the assumption that all parties would honor their parts of the deal. Like the vast majority of his countrymen, he had vivid and terrible memories of the [First] World War and felt revulsion at the thought of a new generation dying on the killing fields of Western Europe. In both instances, he was a liberal—a man of humane sentiments and reasoned intellect. The Realpolitik he tried to practice was itself largely a creation of the eighteenth-century Enlightenment in reaction to previous catastrophic wars of religion; it thought of states and their leaders as rational actors seeking to maximize advantage but pursuing limited aims. Chamberlain expressed the most important weakness of his superficially tough-minded realism when he declared his determination to deal with the grievances of adversaries through the application of ‘our common sense, our common humanity” in seeking the solution to outstanding problems. Realpolitik in the age of Hitler and Stalin required an understanding of the darker angels of human nature. Businessman in background, Unitarian in religious training, liberal politician in vocation, Chamberlain had scant conception of the phenomenon of evil.” – Alonzo L. Hamby, For the Survival of Democracy
“Dictators told journalists what to write. Democratic leaders manipulated them, none more successfully than Franklin Roosevelt.” – Alonzo L. Hamby, For the Survival of Democracy
“ ‘We are at the end of our rope,’ Hoover remarked to an aide late on the evening of March 3 [1932]. And so it seemed might also be the country. Here and there in the midwestern farm regions, armed groups effectively prevented foreclosure sales. In Iowa, the Farmers’ Holiday Association sporadically blocked shipments of produce to market. In some cities, laid-off utility workers tapped electric lines to restore power to homes that had failed to pay their bills. There were scattered reports of groups invading supermarkets and appropriating supplies of food without paying.” – Alonzo L. Hamby, For the Survival of Democracy
“Supreme court rules are not suggestions, but rather, they are mandatory and must be followed.” — Judge Daniel J. Pierce, Northwestern Memorial Hospital v. Sharif, 2014 IL App (1st) 133008
“The essential purpose of a contract between commercial people is actual performance—they do not bargain merely for a promise, or for a promise plus the right to win a lawsuit.” – Bradford Stone and Kristen David Adams, Uniform Commercial Code in a Nutshell
“A controversy exists when the plaintiff wants more, or different, relief than the defendant is willing to provide. If A says that B has caused an injury of $100,000, and B offers $110,000 in recompense, A cannot spurn the offer and sue for $100,000. Once the defendant offers to satisfy the plaintiff’s entire demand, there is no dispute over which to litigate and no controversy to resolve. In other words, you cannot persist in suing after you’ve won.” – Judge Frank A. Easterbrook, Smith v. Greystone Alliance, LLC (internal cites and quotations omitted)
“Complete privacy does not exist in this world except in a desert, and anyone who is not a hermit must expect and endure the ordinary incidents of the community life of which he is a part. Thus he must expect more or less casual observation of his neighbors as to what he does, and that his comings and goings and his ordinary daily activities, will be described in the press as a matter of casual interest to others. The ordinary reasonable man does not take offense at a report in a newspaper that he has returned from a visit, gone camping in the woods or given a party at his house for his friends. Even minor and moderate annoyance, as for example through public disclosure of the fact that the plaintiff has clumsily fallen downstairs and broken his ankle, is not sufficient to give him cause of action under the rule stated in this Section [652D]. It is only when the publicity given to him is such that a reasonable person would feel justified in feeling seriously aggrieved by it, that the cause of action arises.” – Kenneth S. Abraham and Albert Clark Tate, Jr., compilers, A Concise Restatement of Torts
“After 9/11 in New York, a horrific but specific injury was deliberately levered into an apocalyptic panic. In the annals of courage and utter cowardice, none are more vivid than the contrasting pictures of Churchill on the rooftop of 10 Downing Street, coolly watching the Blitz, and Dick Cheney cowering in a bunker to make his fear contagious. “ – Adam Gopnik, “A Point of View: Four Types of Anxiety and How to Cure Them”
“If every day and all day long you chatter at high pitch and with the logic an lucidity of the Frenchman; if you shout in self-assertion, with your hat on your stomach, bowing from a stiff spine and by implication threaten all day long to shoot your interlocutor, like the Prussian; if you are as lachrymally emotional as the Italian, or as drily and epigrammatically imbecile over unessentials as the American, you will have a noisy, troublesome, and thoughtless society without any of the surface calm that should distinguish the atmosphere of men when they are together. You will never have deep arm-chairs in which to sit for hours in clubs thinking of nothing at all—or of the off-theory in bowling. On the other hand, in the face of death — except at sea, by fire, railway accident or accidental drowning in rivers; in the face of madness, passion, dishonour or—and particularly—prolonged mental strain, you will have all the disadvantage of the beginner at any game and may come off very badly indeed. Fortunately death, love, public dishonour and the like are rare occurrences in the life of the average man, so that the great advantage would seem to have lain with English society; at any rate before the later months of the year 1914.” – Ford Madox Ford, Some Do Not…
“You look at a dozen men, each of them not by any means detestable and not uninteresting, for each of them would have technical details of their affairs to impart; you formed them into a Government or a club and at once, with oppressions, inaccuracies, gossip, backbiting, lying, corruptions and vileness, you had the combination of wolf, tiger, weasel and louse-covered ape that was human society.” – Ford Madox Ford, Some Do Not…
“Law is at all times an approximation of the ideals of justice then predominant. Each year has its peculiar public problems, and the current law is the solution which each year finds thereto. The next year finds new problems and new solutions of the old ones.” – John B. West, “Multiplicity of Reports”
“There are some things in life that people simply have to put up with. A glaring stranger is one of them.” – Neal R. Bevans, Tort Law for Paralegals
“The beneficial effect of doubling the home market for our industry by the simple expedient of higher wages for all employees marked the opening of new vistas of prosperity if not the birth of a vast new economic concept.” – Hugh Johnson to John J. Pershing, September 28, 1930
“Conduct calculated to intimidate and distract those who, though in an adversarial position, have independent responsibilities and important roles in the effective administration of justice cannot be countenanced. The adversary system depends on the effectiveness of adversary counsel. Our rules of procedure are designed in large measure to bring to litigation adversaries who have an equal opportunity and comparable ability in the representation of opposing parties in order to assure a just result. Thus, the undue and extraneous oppression and harassment of participants involved in litigation can impair their effectiveness, not only as advocates for their clients, but also as officers of the court. An attorney who consciously and intentionally engages in such conduct perverts advocacy. Such conduct redounds only to the detriment of the proper administration of justice, which depends vitally on the reasonable balance between adversaries and on opposing counsels’ respect, trust, and knowledge of the adversary system. There cannot be genuine respect of the adversary system without respect for the adversary, and disrespect for the adversary system bespeaks disrespect for the court and the proper administration of justice.” – The Justices of the Supreme Court of the State of New Jersey, In the Matter of Lester T. Vincenti, An Attorney at Law.
“Men talk much and importantly about principles but they agree upon them much more readily than they do upon details because, perhaps, they hold theoretical principles so much more lightly than they hold practical details.” – Brand Whitlock, Belgium: A Personal Narrative
“Among the moral forces, exists there one superior to justice? This dominates all. Old as humanity, eternal as the need of man and of people to be and to feel themselves protected, it is at the base of all civilization. Art and Science are its tributaries. Religions live and prosper in its shadow. Is it not itself a religion?” – Leon Theodor, Bâtonnier of the Order of the Advocates (as quoted by Brand Whitlock in Belgium: A Personal Narrative)