Top 10 Jed S Rakoff Quotes

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Last Updated on May 30, 2021

Me
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Nov 07, 2020

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.'

Know
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Nov 07, 2020

I admired Truman, among many other things, because he integrated the Army. I admired JFK because the very first civil rights legislation was passed at his insistence. JFK showed what you could do, though he was a deeply flawed person, as we all now know.

Exercise
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Nov 07, 2020

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.

Experience
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Nov 07, 2020

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.

Only
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Nov 07, 2020

Companies do not commit crimes; only their agents do. And while a company might get the benefit of some such crimes, prosecuting the company would inevitably punish, directly or indirectly, the many employees and shareholders who were totally innocent.

Made
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Nov 07, 2020

I was always attracted to taking a novel position, but one grounded in the materials I'd been given, not made up out of whole cloth.

Denies
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Nov 07, 2020

Why should the court impose a judgment in a case in which the SEC alleges a serious securities fraud, but the defendant neither admits nor denies wrongdoing?

Nov 07, 2020

I don't have any respect for judges who arrive at the result first, and then try to figure out some way they can bend the law to reach their particular predilections.

High
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Nov 07, 2020

The price of being a nice guy is too high - much too high - in terms of the system of justice.

Facts
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Nov 07, 2020

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.

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