Within a large area, we should depend upon the jury to bring to bear what happens and is happening in our culture because judges, more than anybody else, are cut off. We're generally old. Our children are grown up so we don't see what's going on in their world. Our friends are rich and successful. We don't have to worry about income. We're out of touch with what's going on. What is appropriate in the workplace? Can you, as an employee, put your arm around a woman and say how are your kids, how are you feeling? Squeeze her arm, squeeze a man's arm. Can you touch a child? Can you make an off-color joke and refer to something on TV? I don't know what's accepted anymore. You need a jury for that kind of stuff.
Jeffrey Cole & Robert Gettleman, "Judge Jack Weinstein on Life and Law", Litigation 18 ( Winter 2013).