“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)
“A lawyer is not only a professional competent to represent the interest of parties before justice and to defend in a courteous and honourable struggle the interests of the client: he is a necessary auxiliary of the judge, to whom he brings his learning, his probity, and his labour.” – Leon Theodor, Bâtonnier of the Order of the Advocates (as quoted by Brand Whitlock in Belgium: A Personal Narrative)
“The authoritative statement is the statutory text, not the legislative history or any other extrinsic material. Extrinsic materials have a role in statutory interpretation only to the extent they shed a reliable light on the enacting Legislature’s understanding of otherwise ambiguous terms. Not all extrinsic materials are reliable sources of insight into legislative understandings, however, and legislative history in particular is vulnerable to two serious criticisms. First, legislative history is itself often murky, ambiguous, and contradictory. Judicial investigation of legislative history has a tendency to become, to borrow Judge Leventhal’s memorable phrase, an exercise in ‘ “looking over a crowd and picking out your friends.” ‘ Second, judicial reliance on legislative materials like committee reports, which are not themselves subject to the requirements of Article I, may give unrepresentative committee members—or, worse yet, unelected staffers and lobbyists—both the power and the incentive to attempt strategic manipulations of legislative history to secure results they were unable to achieve through the statutory text.” – Justice Anthony Kennedy, Exxon Mobil Corp. v. Allapattah Services, Inc. (545 U.S. 546, 568 (2005); internal citations omitted)
“The presumption of negligence is not a true presumption. It is an instructed inference of fact and is circumstantial evidence to be considered by the jury. It does not vanish when defendant introduces evidence of his due care in managing the injuring instrumentality, but remains in the case. The jury must weigh the circumstantial evidence of the plaintiff against the direct evidence of the defendant.” – Illinois Pattern Civil Jury Instructions, 22.01
“Truth is often exasperating in her deliberate movements and not to be hurried but she always arrives calm and unflushed at her destination.” – Brand Whitlock, Belgium: A Personal Narrative
“The best committee in the world is a committee of three, two of whose members are dead.” – Tom L. Johnson, Mayor of Cleveland, Ohio (as quoted by Brand Whitlock in Belgium: A Personal Narrative)
“A country is not only what it does—it is what it puts up with, what it tolerates.” – Kurt Tucholsky (trans. Gordon A. Craig, Germany 1866-1945)
“The origins of the annihilation of the German Jews were much more remote in time than the events of Krystallnacht. They are to be found in popular reactions to the dislocations that accompanied Germany’s belated but headlong rise as an industrial Power in the nineteenth century and in the growth of a virulent form of racist anti-Semitism in the Wilhelmine period, which remained latent until military defeat and economic collapse turned it into a potent rallying-cry for the rightist fanatics and demagogues who led the attack upon the Weimar constitution. The most gifted of these, Adolf Hitler, was also the one most obsessed with hatred and fear of the Jews.” – Gordon A. Craig, Germany 1866-1945
“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.” – Justice George Sutherland, Berger v. United States, 295 U.S. 78 (1935)
“In the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods. It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously. Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying.” – Adolph Hitler, Mein Kampf (trans. Murphy)
“The receptivity of the great masses is very limited, their intelligence is small, but their power of forgetting is enormous. In consequence of these facts, all effective propaganda must be limited to a very few points and must harp on these in slogans until the last member of the public understands what you want him to understand by your slogan. As soon as you sacrifice this slogan and try to be many-sided, the effect will piddle away.” – Adolph Hitler, Mein Kampf (trans. Manheim)
“There are two extremes equally dangerous to liberty. These are tyranny and anarchy. The medium between these two is the true government to protect the people.” – James Iredell, July 30, 1788 (quoted in Debate on the Constitution, Part Two, ed. Bailyn; emphases in original)
“I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday.” – Justice Robert Jackson, Massachusetts v. United States, 333 U. S. 611 (1948)