Quotations
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Carl Tobias Quotes
«I don't understand why that wasn't used. Congress has clearly provided for what was going on. It seems to be that that procedure should have been followed.»
Author: Carl Tobias
«Negligence is much easier to prove; it's the failure to exercise reasonable care. Willful misconduct is a much higher standard. You must intentionally misbehave. ... The high standard would clearly discourage many suits.»
Author: Carl Tobias
«The question is how high the liability shield needs to be. I think 'willful misconduct' is too high. We usually use some kind of negligence standard in these situations. It would be very unusual that you could prove that intentional misconduct had happened.»
Author: Carl Tobias
«The juries you draw in federal courts are more favorably inclined to institutional defendants.»
Author: Carl Tobias
«He anticipated an attack on him. I have a lot of respect for a judge who, presented with a difficult decision, admits it's going to be tough. He has discharged his oath.»
Author: Carl Tobias
«The Fourth Circuit could have vacated its ruling and I doubt the Supreme Court would have entertained [the Padilla case] at that point. But now it is very much alive in the Supreme Court and it seems momentum is moving that way.»
Author: Carl Tobias
«It was difficult for me to think of another situation where a court has said this to the government.»
Author: Carl Tobias
«It seems to me that it would be relevant to a person's case. I would expect the government to say that it is highly sensitive material, but we have legal mechanisms to balance the national security needs with the rights of defendants. I think judges are very conscientious about trying to sort out these issues and balance civil liberties and national security.»
Author: Carl Tobias
«He is saying as little as he needs to be confirmed and hasn't made many mistakes that trouble a majority of senators whose votes he needs.»
Author: Carl Tobias
«I don't think anybody today sees a reason for a filibuster, but they may after the hearing if the answers are troubling to them or they feel they haven't gotten the answers to important questions.»
Author: Carl Tobias