DOCSLIB.ORG

Oklahoma City University Law Review

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Oklahoma City University Law Review OKLAHOMA CITY UNIVERSITY LAW REVIEW VOLUME 20 SPRING 1995 NUMBER 1 COLLECTION LESSONS FOR THE STUDENT OF LAW: THE OKLAHOMA LECTURES GEORGE ANASTAPLO Table of Contents Introduction to this Collection .................. 19 1. Lessons from Oklahoma ....................... 21 2. The Future of Liberal Democracy ................ 25 3. A Return to New York Times v. Sullivan .......... 33 4. Lessons from Plutarch ........................ 44 5. A Return to Bristol with Edmund Burke ........... 69 6. The Future of Legal Ethics ..................... 86 7. Lessons from Genesis ......................... 97 Conclusion to this Collection ................... 113 Appendix A. A Comment on an Anastaplo Paper (by Donald J. Maletz) .............. 115 Appendix B. Three Biographical Sketches (by George Anastaplo) ............. 119 B-1. Socrates as a Teacher of Law in Greece ...... 119 B-2. A Teacher of Law in the United States ....... 133 HeinOnline -- 20 Okla. City U. L. Rev. 17 1995 Oklahoma City University Law Review [Vol. 20 B-3. A Student of Law in the United States ....... 153 Addendum. On Desire: Thoughts at Seventy (by George Anastaplo) ............. 174 Appendix C. Still Another Return to Oklahoma (by George Anastaplo) ............. 179 C-1. Intellectuals and Morality ................. 179 C-2. Scientific Integrity, UFOs, and the Spirit of the Law .............. 187 C-3. The Needs of a Free People: Reflections on the Oklahoma City Bombing ....................... 198 C-4. Better and Worse Responses to the Oklahoma City Bombing ............... 206 Addendum A. Constitutional Law Expert Calls U.S. Militia Members "A Very Frightened Bunch" (by Marla Kruglik) ................ 215 Addendum B. Militia Groups Influenced By Social Ills and Distrust (by Kristi Dehority) ............... 217 HeinOnline -- 20 Okla. City U. L. Rev. 18 1995 1995] Lessons for the Student of Law LESSONS FOR THE STUDENT OF LAW: THE OKLAHOMA LECTURES GEORGE ANASTAPLO* INTRODUCTION TO THIS COLLECTION- Oklahoma is clearly in a transitional phase. Four out of ten Oklahomans were not born in Oklahoma. Major change is occurring. The question is whether we will utilize the change to blend the virtues of our rural past (such as the ability and drive to work hard, and the occasional, at least, understanding of the necessity of sacrifice) with thoughtful and realistic consideration of the modern world and its global competitors. Or will we, fettered by inaction and our bucolic tradition of negativism, retain the status quo that allows only a few big fish in a few small ponds? It is my hope that our decision will be one of investment in the education of our talented people, of stewardship of our beautiful lands and waters, of commitment to tolerance and rule of law. -Robert H. Henry' The moon, it has been suggested, is more valuable than the sun because it gives light when it is needed most. The same could well be said about pedestrian commentaries which, in benighted times, reflect great authors who are much neglected. In these Oklahoma talks, I attempt to provide illumination to * Professor of Law, Loyola University of Chicago; Professor Emeritus of Po- litical Science and of Philosophy, Rosary College; and Lecturer in the Liberal Arts, The University of Chicago; A.B., The University of Chicago, 1948; J.D., The Univer- sity of Chicago, 1951; Ph.D., The University of Chicago, 1964. ** In accordance with the author's preference, the citations in this Collection and appendices may vary from The Bluebook: A Uniform System of Citation (15th ed. 1991). 1. Robert H. Henry, The Oklahoma Constitutional Revision Commission: A Call to Arms or the Sounding of Retreat?, 17 OKi., Crry U. L REv. 177, 193 (1992) (footnote omitted). See infra note 259. HeinOnline -- 20 Okla. City U. L. Rev. 19 1995 Oklahoma City University Law Review [Vol. 20 guide the aspiring student of law to the most important teach- ers of the Western World. Those teachers have been much neglected in the education that is supposed to prepare Ameri- can students for proper instruction in the law. Vital to the West are the opinions flowing from Greece and Rome, on the one hand, and from the Hebrew and Greek Bi- bles, on the other hand. Indeed, it seems, the merits of the West depend in large part upon the tension between these two sets of opinions, as attempts are made to keep the sacred and the secular in productive association. A plea for moderation along with respect for principle is evident in both this Collec- tion and in the article by Robert H. Henry, from which the epi- graph for this introduction is taken.2 A series of moral, religious, political, jurisprudential, and constitutional issues are discussed as they were developed in a half-dozen talks given by me at two Oklahoma law schools in March 1993, supplemented by Appendix C, where Oklahoma is again returned to as a result of the April 19, 1995, bombing of the Alfred P. Murrah federal building in Oklahoma City. I begin this Collection by noticing my own connections with Oklahoma, ranging over a half-century. My concern with the proper train- ing of the student of law may be seen throughout the seven parts of this Collection. That concern continues to be evident in 2. See the counsel drawn from Chief Justice Marshall in McCulloch v. Maryland, 17 U.S. (4 Wheat) 316, 407 (1819), in which a constitution is distin- guished from "the prolixity of a legal code," Henry, supra note 1, at 177. The specialness of the Western World, a specialness which may permit it alone to truly begin to understand what has happened elsewhere, is suggested in a passage from a talk given by Laurence Berns at St. John's College: The most impressive alternative to philosophy in the life of Leo Strauss is summed up by the name of a city, Jerusalem, the holy city. What if the one thing most needful is not philosophic wisdom, but righteousness? This notion of the one thing most needful, Mr. Strauss argued, is not defensible if the world is not the creation of the just and loving God. Neither philosophy nor revealed religion, he argued, can refute one anoth- er, for, among other reasons, they disagree about the very principles or criteria of proof .... This mutual irrefutability and tension between philosophy and biblical revelation appeared to him to be the secret of the vitality of Western Civilization. Laurence Bers, Leo Strauss, THE COLLEGE, Apr. 1974, at 5. See also George Anastaplo, An Introduction to Cofucian Thought, in 1984 GREAT IDEAS TODAY 124, 156 n.14 [hereinafter Anastaplo, An Introduction to Confucian Thought]; infra text accompanying note 71; infra note 134. HeinOnline -- 20 Okla. City U. L. Rev. 20 1995 1995] Lessons for the Student of Law the second set of Appendices to this Collection. In Appendix B, I sketch in turn the career of a Socratic teacher of law in Fifth Century B.C. Greece,' the career of a distinguished teacher of law in the United States from early in the twentieth century, and the career of a perennial student of law into the last de- cade of this century. The latter two men were military aviators, one who saw duty during the First World War and the other during the Second World War. Both were Midwesterners who very much profited from their service (both military and aca- demic) in the great Southwest. 1. LESSONS FROM OKLAHOMA4 Many portraits and photographs of [Thomas] Carlyle exist. He always endeavoured to procure por- traits of any one about whom he was writing, and seems to have been desirous to obtain good portraits of him- self. According to Mr. Froude no portrait was really successful. -Leslie Stephen5 I have returned to Oklahoma for what promises to be a productive visit after having served here, half a century ago, with the United States Army Air Corps. My ties to this state go back even further than the Second World War, if only by mar- riage: my wife recalls a happy childhood in Oklahoma City before her family returned to Texas, where she had been born. 3. Socrates laid the foundations for education, including (it can be said) reli- gious education, in the West. On how Christianity has shown respect for Socrates in its scheme of things, see JOHN MILTON, ParadiseRegained, bk II, 96-99, bk. IV, 272-80, 286-330. See also George Anastaplo, The Founders of Our Founders: Jerusa- lem, Athens, and the American Constitution, in ORIGINAL INTENT AND THE FRAMERS OF THE CONSTITUTION: A DIsPUTED QUESTION 181, 183-90 (Harry V. Jaffa ed., 1994) [hereinafter ORIGINAL INTENT]. 4. A talk given at the Oklahoma City University School of Law, March 24, 1993. 5. Leslie Stephen, Thomas Cartyle, in 3 DICTIONARY OF NATIONAL BIOGRAPHY 1033 (1917). HeinOnline -- 20 Okla. City U. L. Rev. 21 1995 Oklahoma City University Law Review [Vol. 20 She speaks fondly of the grade school (Edgemere), of the zoo, and of a lake where the children would go fishing. This was deep in the Great Depression which then, as with the cur- rent recession, came early to Oklahoma and stayed late. Her father was a wildcatter in the oil business, which was hit very hard during the Depression. Although creditors and bill collec- tors had to be avoided, there was always money to put gasoline in the car, which permitted the fishing and other excursions that were so treasured by the children. She has now returned to Oklahoma City, not expecting things to have remained un- changed (she expects a lot of things have shrunk since then) but hoping nevertheless that something essential and attractive has remained the same.' It is significant that her memories are 6. One result of my wife's return to Oklahoma City was this column in a local newspaper.
Load more

Recommended publications
  • Law, Judges and the Principles of Regimes: Explorations George Anastaplo Loyola University Chicago, School of Law, [email protected]
    Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2003 Law, Judges and the Principles of Regimes: Explorations George Anastaplo Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Jurisprudence Commons Recommended Citation Anastaplo, George, Law, Judges and the Principles of Regimes: Explorations, 70 Tenn. L. Rev. 455 (2003) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. LAW, JUDGES, AND THE PRINCIPLES OF REGIMES: EXPLORATIONS t GEORGE ANASTAPLO* Table of Contents INTRODUCTION ............................................ 456 1. MACHIAVELLI, RELIGION, AND THE RULE OF LAW .............. 459 2. JUDGES, POLITICS, AND THE CONSTITUTION ................... 465 3. A PRIMER ON CONSTITUTIONAL ADJUDICATION ................ 468 4. BILLS OF RIGHTS-ANCIENT, MODERN, AND NATURAL 9. 475 5. THE MASS MEDIA AND THE AMERICAN CHARACTER ............ 481 6. POLITICAL PHILOSOPHY AND A SOFT CAESARISM ............... 491 7. THE PROPER OVERCOMING OF SELF-ASSERTIVENESS ............ 499 8. THE COMMON LAW AND THE JUDICIARY ACT OF 1789 ........... 511 9. A RETURN TO BARRON V. BALTIMORE ........................ 519 10. POLITICAL WILL, THE COMMON GOOD, AND THE CONSTITUTION.. 527 11. TOCQUEVILLE ON THE ROADS TO EQUALITY .................. 532 12. STATESMANSHIP AND CONSTITUTIONAL LAW ................ 546 t Law, Judges, and the Principlesof Regimes: Explorations is the first of two articles appearing in the Tennessee Law Review written by Professor Anastaplo. For the second of these two articles, see Constitutionalismandthe Good: Explorations,70 TENN.
    [Show full text]
  • 20-2-3-581-Anastaplo-Bibliography-Pdfa.Pdf (6.585Mb)
    APPENDIX George Anastaplo: An Autobiographical Bibliography (1947-2001) If we could first know where we are and whither we are tending, we could better judge what to do and how to do it. -Abraham Lincoln (1858) A. Public Papers ........................................ 581 B. Books .... .......................................... 582 C. Other Publications .................................... 586 D. Talks and Papers ...................................... 619 E. Selected Letters to Editors .............................. 701 George Anastaplo (born November 7, 1925, in St. Louis, Missouri) has been awarded the A.B., J.D., and Ph.D. degrees by the University of Chicago (1948, 1951, and 1964). He is currently (2001) Professor of Law, Loyola University of Chicago; Lecturer in the Liberal Arts, The University of Chicago; and Professor Emeritus of Political Science and of Philosophy, Dominican College. This bibliography, which is not complete, has been prepared by George Anastaplo. See, for an earlier version, Item C-1992(7), below. See, also, www.cygneis.com/anastaplo. A. PUBLIC PAPERS A-1. Petitions, Briefs, Records, and Other Materials prepared by George Anastaplo, as Counsel pro se (with respect to his application for admission to the Illinois bar): In re George Anastaplo, 3 1l.2d 471, 121 N.E.2d 826 (1950-1954); 348 U.S. 946, 349 U.S. 903 (1955); 18 11.2d 182, 163 N.E.2d 429 (1959-1960); 366 U.S. 82, 368 U.S. 869 (1961). See, also, Proceedings, 405 U.S. xi, xxvi-xxviii (1972). See, for chronologies and other materials, Item B-i, below, pp. 331-418, Item B- 2, below, pp. 105-14, and Items C-1986(3), C-1997(9), C-1998(I 1), and C-Forthcoming (4), below.
    [Show full text]
  • In Memoriam: Professor George Anastaplo
    ANASTAPLO FULLY FORMATTED.DOCX (DO NOT DELETE) 4/29/2014 1:43 PM In Memoriam: Professor George Anastaplo In recognition of his remarkable contributions to Loyola University Chicago School of Law and the institution and practice of law, the Editors of the Loyola University Chicago Law Journal dedicate this issue to Professor George Anastaplo. In the pages that follow, Professor Anastaplo’s colleagues reflect on his work and legacy. While it is impossible to present a complete account of his achievements in this limited space, we hope that this tribute reflects our most sincere admiration, appreciation, and respect. An insightful and thought- provoking interview conducted by Professor Anastaplo concludes this Section. 915 ANASTAPLO FULLY FORMATTED.DOCX (DO NOT DELETE) 4/29/2014 1:43 PM 916 Loyola University Chicago Law Journal [Vol. 45 David Yellen* My day was always brightened when George Anastaplo stopped by my office, as he often did. He would typically grab some chocolate from my candy jar, give me a copy of the latest article or op-ed He Had written, and ask me how I was doing and what was going on in the world of legal education. His lively, inquisitive mind and upbeat attitude were always on display. It seemed like there was no subject that George had not read or thought about, but he was always more interested in listening than talking. Our conversations were always fascinating, and often left me with me some new ideas to explore. I feel honored to have been George’s friend and colleague for these nine years.
    [Show full text]
  • Church and State: Explorations George Anastaplo Prof
    Loyola University Chicago Law Journal Volume 19 Article 4 Issue 1 Fall 1987 1987 Church and State: Explorations George Anastaplo Prof. of Law, Loyola University of Chicago, School of Law Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the First Amendment Commons Recommended Citation George Anastaplo, Church and State: Explorations, 19 Loy. U. Chi. L. J. 61 (1987). Available at: http://lawecommons.luc.edu/luclj/vol19/iss1/4 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Church and State: Explorations George Anastaplo* The principal common tables of the magistrates may be associ- ated with the buildings devoted to public worship, on some con- venient and common site-except for such temples as are required by law, or by a rule of the Delphic oracle, to be kept distinct and separate. This site should be on an eminence, con- spicuous enough for men to look up and see goodness enthroned, and strong enough to command the adjacent quarters of the city.... * * * Pregnant mothers should pay attention to their bodies: they should take regular exercise and follow a nourishing diet. The legislator can easily lead them to a habit of regular exercise if he requires them to make some daily pilgrimage for the purpose of worshipping at the shrines of the goddesses who preside over childbirth .... -Aristotle, Politics,VII, xii, xvi CONTENTS Introduction ..............................................
    [Show full text]
  • Hugo Black's Vision of the Lawyer, the First Amendment, and the Duty of the Judiciary: the Bar Applicant Cases in a National Security State
    William & Mary Bill of Rights Journal Volume 20 (2011-2012) Issue 3 Article 3 March 2012 Hugo Black's Vision of the Lawyer, the First Amendment, and the Duty of the Judiciary: The Bar Applicant Cases in a National Security State Joshua E. Kastenberg Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, and the First Amendment Commons Repository Citation Joshua E. Kastenberg, Hugo Black's Vision of the Lawyer, the First Amendment, and the Duty of the Judiciary: The Bar Applicant Cases in a National Security State, 20 Wm. & Mary Bill Rts. J. 691 (2012), https://scholarship.law.wm.edu/wmborj/vol20/iss3/3 Copyright c 2012 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj HUGO BLACK’S VISION OF THE LAWYER, THE FIRST AMENDMENT, AND THE DUTY OF THE JUDICIARY: THE BAR APPLICANT CASES IN A NATIONAL SECURITY STATE Joshua E. Kastenberg* INTRODUCTION .................................................691 I. THE COURT AND ATTORNEY GOVERNANCE ........................698 II. THE COURT, THE COLD WAR, AND CHALLENGES TO THE HISTORIC MODEL OF ATTORNEY GOVERNANCE ...................................712 A. Anticommunist Legislation .................................715 B. Federal Law on Economic Regulation and the Criminalization of Speech ...............................................718 C. Dennis v. United States....................................721 D. The Court Under Attack ...................................727 E. United States v. Sacher....................................728 F. In re Isserman ...........................................738 G. Other Prosecutions: Black’s Fears of a Double Standard .........742 1. Rosenberg Trial ......................................743 2. Cammer v. United States ...............................744 H. State Loyalty Programs Affecting Public Employment ............745 III.
    [Show full text]
  • In Re Allan Bloom: a Respectful Dissent
    CONTENTS VOL. VIII SPRING 2002 No 4 Allan Bloom In re Allan Bloom: A Respectful Dissent by George Anastaplo 2 George Anastaplo is Professor of Law, Loyola University of Chicago, and Lecturer in the Liberal Arts, the University of Chicago. This essay was published in The Great Ideas Today, an Encyclopedia Britannica publication. (1988): 252-273. Reprinted in Essays on The Closing of the American Mind, ed. Robert L. Stone (Chicago Review Press, 1989): 267-284. He was also a dear friend and colleague of Dr. Adler’s for many decades. Aronson sent up a cry of rapture when he won the million dollar prize in a lottery. Levi asked him, “What made you pick a number like 52, anyway?” “It came to me in a dream,” replied Aronson. “I dreamed I was in a theater, and on the stage there were six columns of dancers with eight dancers in each column. So I chose 52.” “But six times eight is 48 not 52!” said Levi. Aronson chortled, “So okay, you be the mathematician!” —Anon. 1 Prologue f it had been at all anticipated that a million copies of Allan IBloom’s The Closing of the American Mind would eventually be sold, many things in it would no doubt have been written much more carefully than they were—but if that had been done, the book would have sold nowhere near as well as it has.2 Professor Bloom’s widely acclaimed book provides shorthand reminders of what is wrong in higher education today. Everywhere one goes this year on campuses, one encounters people interested 3 in the Bloom phenomenon, just as last year one encountered people interested in the Bork phenomenon.
    [Show full text]
  • 19-2-353-Anastaplo-Pdfa.Pdf (10.64Mb)
    Lawyers, First Principles, and Contemporary Challenges: Explorations GEORGE ANASTAPLO* Introduction .......................... ................... 354 1. Character, Fitness, and the Illinois Bar Revisited ............... 355 Addendum: Prof Who Took Costly Stand 45. Years Ago Sees Rewarding Dividend in its Consequences ... 370 2. Be Not Afeared: The Isle is Full of Noises .................... 375 3. Character and Honor: A Bicentennial Review ................ 383 4. Major Challenges for the Legal Profession in the United States ... 390 Addendum: On the Proper Shaping of Hearts and Minds ... 396 5. The Illinois Bar Exams ................................... 400 A. Bar Examinations and a Proper Legal Education ....... 400 B. The Bar Exam Examined ......................... 404 6. The Pursuit of Happiness and the Practice of Law .............. 406 7. Professional Ethics and the Bible ........................... 415 8. The Obligations of Victims: On the Melian Dialogue ........... 420 9. Aristotle on How the Soul Possesses Truth ................... 424 10. Thomas Aquinas and the Law of Laws ...................... 431 11. Death and Art in Cervantes's Don Quixote .................. 437 12. On Identity ........................................... 452 13. "The Law's Delay" Across the Centuries .................... 462 14. Serial Killings, the Mass Media, and Public Policies ........... 475 15. Technology and Community: Lessons From and For the Unabomber ................................ 481 Addendum: A Memorandum on the Matter of William H eirens .....................................
    [Show full text]
  • A Constitutional Bibliography
    William & Mary Bill of Rights Journal Volume 5 (1996-1997) Issue 1 Article 8 December 1996 A Constitutional Bibliography Thomas E. Baker Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Thomas E. Baker, A Constitutional Bibliography, 5 Wm. & Mary Bill Rts. J. 277 (1996), https://scholarship.law.wm.edu/wmborj/vol5/iss1/8 Copyright c 1996 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj A CONSTITUTIONAL BIBLIOGRAPHY* Thomas E. Baker- The literature on the United States Constitution and the Supreme Court of the United States would fill an entire library. What follows is a list of books which likely would be of interest to curious readers, both lawyers and nonlawyers alike, who want to learn more about the basic principles of the Constitution. Each book is listed only once, in the interest of space, so the careful user ought to peruse the entire list. Books marked with an asterisk ("*") are likely to be more accessible to more readers. The entries are arranged in eight broad and overlapping categories: CIVIL RIGHTS AND CIVIL LIBERTIES CONSTITUTIONAL HISTORY CONSTITUTIONAL LAW CONSTITUTIONAL PHILOSOPHY CONSTITUTIONAL POLITICS SUPREME COURT BIOGRAPHY SUPREME COURT CASES SUPREME COURT HISTORY CIVIL RIGHTS AND CIVIL LIBERTIES AFRICAN AMERICANS AND THE LIVING CONSTITUTION (John Hope Franklin & Genna Rae McNeil eds., Smithsonian Institution Press 1995) GEORGE ANASTAPLO, THE AMENDMENTS TO THE CONSTITUTION: A COMMENTARY (Johns Hopkins Univ. Press 1995) HERMAN BELZ, EMANCIPATION AND EQUAL RIGHTS: POLITICS AND CONSTITUTIONALISM IN THE CIVIL WAR ERA (W.W.
    [Show full text]
  • Professor George Anastaplo Loyola University Chicago, School of Law
    Loyola University Chicago Law Journal Volume 45 Article 1 Issue 4 2014 Summer 2014 In Memoriam: Professor George Anastaplo Loyola University Chicago, School of Law Follow this and additional works at: http://lawecommons.luc.edu/luclj Recommended Citation Loyola University Chicago, School of Law, In Memoriam: Professor George Anastaplo, 45 Loy. U. Chi. L. J. 915 (2014). Available at: http://lawecommons.luc.edu/luclj/vol45/iss4/1 This Prefatory Matter is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. ANASTAPLO FULLY FORMATTED.DOCX (DO NOT DELETE) 4/29/2014 1:43 PM In Memoriam: Professor George Anastaplo In recognition of his remarkable contributions to Loyola University Chicago School of Law and the institution and practice of law, the Editors of the Loyola University Chicago Law Journal dedicate this issue to Professor George Anastaplo. In the pages that follow, Professor Anastaplo’s colleagues reflect on his work and legacy. While it is impossible to present a complete account of his achievements in this limited space, we hope that this tribute reflects our most sincere admiration, appreciation, and respect. An insightful and thought- provoking interview conducted by Professor Anastaplo concludes this Section. 915 ANASTAPLO FULLY FORMATTED.DOCX (DO NOT DELETE) 4/29/2014 1:43 PM 916 Loyola University Chicago Law Journal [Vol. 45 David Yellen* My day was always brightened when George Anastaplo stopped by my office, as he often did.
    [Show full text]
  • Freedom of Speech and the First Amendment: Explorations
    TEXAS TECH LAW REVIEW VOLUME 21 1990 NUMBER 4 FREEDOM OF SPEECH AND THE FIRST AMENDMENT: EXPLORATIONS by George Anastaplo* In extremely absolute monarchies, historians betray the truth because they do not have the liberty to tell it; in extremely free states, they betray the truth because of their liberty for, as it always produces divisions, each one becomes as much the slave of the prejudices of his faction as he would be of a despot. - Montesquieu' INTRODUCTION ..................................................... 1942 I. KNOWLEDGE AND IGNORANCE IN PLATO'S APOLOGY OF SOCRATES .............................................. 1945 II. THE NAZI SPEAKER ON THE UNIVERSITY CAMPUS ....... 1958 III. SUBVERSION AND LEGISLATIVE INVESTIGATIONS ........... 1975 IV. VIETNAM AND THE PRESUMPTION OF CITIzENsmP ........ 1979 V. IT'S YOUR COUNTRY ............................................. 2007 VI. THE FIRST AMENDMENT RECONSIDERED .................... 2016 Copyright 1990 by George Anastaplo. All rights reserved. The editors have complied with the author's stylistic preferences in this article. - Ed. * Professor of Law, Loyola University of Chicago; Professor Emeritus of Political Science and of Philosophy, Rosary College; and Lecturer in the Liberal Arts, The University of Chicago; A.B., 1948, J.D., 1951, Ph.D., 1964, The University of Chicago. 1. MONTESQUmU, THE SPMTrr oF Tm LAws bk. 19, ch. 27, p. 333 (A.M. Cohler, B.C. Miller, & H.S. Stone, eds., 1989). This passage in Montesquieu continues, "Their poets would more often have an original bluntness of invention than a certain delicacy of taste; one would find there is something closer to Michelangelo's strength than to Raphael's grace." Id.; see infra note 104 and accompanying text, and infra note 139.
    [Show full text]
  • September Eleventh, a Citizenâ•Žs Responses
    Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2010 September Eleventh, A Citizen’s Responses (Continued): Introduction. George Anastaplo Loyola University Chicago, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law Commons Recommended Citation Anastaplo, George, September Eleventh, A Citizen’s Responses (Continued): Introduction, 35 Oklahoma City L.R. 626 (2010) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. SEPTEMBER ELEVENTH, A CITIZEN'S RESPONSES (CONTINUJED FURTHER) George Anastaplo* INTRODUCTION......................................................... 627 1. THE MORAL ELEMENT IN FOREIGN POLICY DELIBERATIONS September 20, 2004................................................... 628 2. ON THE USE AND ABUSE OF AIR POWER: A PERSONAL RECOLLECTION AND ELABORATION November 16, 2004 .................................................... 635 3. SELF-RESPECT ANT) CITIZENSHIP: WORDS OF COUNSEL Mayl11, 2005 ........................................................... 639 4. A HELLENIC RETROSPECTIVE April 19, 2007 .......................................................... 652 5. OUR IRAQI FOLLIES AND THE PERHAPS INEvITABLE SEARCH FOR SCAPEGOATS July 8, 2007 ............................................................. 661 6. VICTORY, DEFEAT, AND NATIONAL
    [Show full text]