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. Jed S. Rakoff agentbenefitcommit share on social
Judges have to be neutral, but they don't have to be eunuchs. Jed S. Rakoff eunuchjudgeneutral Change image and share on social
Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about. Jed S. Rakoff casecentralcriminal share on social
It's very hard to uphold individual liberty when the person you're representing is often a crook. Jed S. Rakoff crookhardindividual Change image and share on social
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. Jed S. Rakoff adhereconstitutionconstitutionality share on social
The price of being a nice guy is too high - much too high - in terms of the system of justice. Jed S. Rakoff guyhighjustice Change image and share on social
In baseball you have individual responsibility, and if you fail it, you get an error. But at the same time, your focus is on the common goal of the team to win. This is part of what resonates with people about baseball. This is how they would like society to work. Jed S. Rakoff baseballcommonerror share on social
I have a past of making a fool of myself. Jed S. Rakoff foolmakepast Change image and share on social
I think it's common sense to say that the longer away from a crime it gets prosecuted, the less deterrent effect there is. Jed S. Rakoff commoncrimedeterrent Change image and share on social
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? Jed S. Rakoff admitallegecase Change image and share on social