James M. Redwine

Indiana University

Living Law of a Democratic Society

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Jim’s desk at JPeg Osage Ranch. Photo by Peg Redwine

President Trump promises to annihilate a nation of 92 million people if his unconditional terms of capitulation are not met by the autocratic leaders of Iran. Pope Leo XIV calls for world-wide peace. President Trump and Israel’s Prime Minister Benjamin Netanyahu have twice ordered surprise bombings of Iran during peace negotiations to end a war started and maintained by Israel and the United States. President Trump and Prime Minister Netanyahu criticize the Pope for not joining with them in their demands. The Pope continues to call for peace.

President Trump is weaponizing his self-appointed and individually controlled Department of Justice to punish and eliminate from government many persons involved in his election loss of 2020. The president has established a 1.6-billion-dollar fund of taxpayer money to pay some of the insurrectionists who tried to violently overturn the 2020 election. Trump claims the 2020 election was an illegal takeover of our federal government.

President Trump has proudly killed the leaders of Iran’s government using about 100-billion-dollars of America’s funds and virtually uncontested military force. The president sees no inconsistency in his belief that America’s government was illegally prevented from power while he and Netanyahu removed Iran’s government by force. What is the paradox between calling out an alleged overthrow of a democratic election while “bombing Iran back to the Stone Age” to remove its leaders?

All societies have legal systems. Autocratic societies have legal systems in name only as the rulers have the power to disregard or misapply the written laws. If they do not like established laws, say that only Congress has the power to involve America in war, then the dictatorial ruler can simply ignore all restrictions. However, in a democracy, a country is not to be run by vacillating fiats of one or a few people, but according to due process established by the majority. That is the absolute bedrock of the “Living Law of a Democratic Society”.

Jerome Hall (1901-1992) was an internationally renowned professor of jurisprudence at Indiana University School of Law in Bloomington, Indiana from 1939-1970. I was fortunate to attend his last Indiana class in jurisprudence, The Study of Legal Philosophy, in the summer of 1970 before he retired and moved his teaching to the University of California, Hastings College of Law until 1986. I found Professor Hall’s class to be my greatest challenge and greatest learning experience.

In his marvelous book, Living Law of Democratic Society, published in 1949, Professor Hall examines how societies form legal systems and, especially in democratic societies, how they live by them. A society such as the United States maintains a legal system in constant flux, but is guided by its lodestone of keeping its democracy by not allowing the constantly shifting legal framework to slide into autocracy. In America, our guiding principles are firmly established within our Constitution which may bend or sway but never break.

Americans know what is right: offensive wars are wrong morally and must always be guarded against if our republic is to survive and not fall into the abyss of Nazi Germany or Zionist Israel or the destruction of countless once democratic societies which lost their freedoms. It is not insignificant that Professor Hall lived through the evil of Japan, Italy and Germany in WWII and thereafter in 1949 wrote his scholarly treatise of democratic legal systems that had lost their way. Today, in my opinion, he would strongly caution America not to allow Zionist Israel to mislead us into evil as so many countries allowed Nazi Germany to do.

What should we do? What can we do? Professor Hall might guide us toward the original democratic society and point out as did Plato:

“The heaviest penalty for declining to rule is to be ruled by someone inferior to yourself.”

Plato meant that the general Greek population allowed people of lower morality who sought office not to serve but to slowly accumulate absolute power. In the 1930’s and 40’s the Japanese citizenry was not generally evil, but through lethargy and desire for ease it allowed Emperor Hirohito and General Tojo and their cadre of power brokers to slowly move Japan towards autocracy without limits. The Italian populace was not prone to squelch rights in general, but it lazily watched as Benito Mussolini seized more and more power until Italy was lost within Germany’s military scheme. The Germans had had over a thousand years of a great culture that included many Jewish, Romanian and other minorities, but the average German allowed Hitler and his ilk to blame immigrants and Jews for Germany’s loss in WWI which led to the loss of all of Germany.

In 1948 Jewish people immigrated to what was then Palestine and began to almost imperceptibly force out Arabs, Christians and Palestinians until now the autocratic Zionist government has committed the same holocaust on Palestinians, Syrians, West Bankers, Yemenis and Lebanese as the Nazis did the Jews in Germany. In each case it has been a minority of power-hungry politicians such as President Trump and Prime Minister Netanyahu who have demonized minorities such as immigrants or Muslims and have sought to supplant the democratically arrived at law with their own despotic rule.

This was all done as the well-meaning but uninvolved general populace did nothing but cheer on the coming Nakba so that land and resources could be stolen. We Americans are a happy nation and prefer ease to strife. I know from many within my own family and friends religion is often at the root of the worship of Donald Trump and support for his policies. That is why it is enheartening that Pope Leo has taken a firm and public stand for peace. I am not Catholic, but if I were I would be proud to pay attention as the sirens entice us onto the rocks.

In the United States today, our Living Law has ebbed into being ruled not by our democratic system, but by power-mad autocrats and their sycophants who are convinced they know what they want and what the rest of us should receive. We are not too late to pull down the temple walls and return to the righteous path of our Constitution. However, time waits for no one.

You can also follow us on Facebook at “Jim Peg Redwine” or Substack “@gavelgamut”

Legends

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Photo by Peg Redwine

What turns a passing incident into a legend? Fear is often involved or at least, apprehension. Hatred perhaps or maybe just sublimated envy. Villains and heroes, sinners and saints, hangers-on and barely aware casual observers may be recognized or may be unnoticed. Accurate observations may be misidentified while surmise and self-fulfilling yearnings might be confused by societies distracted by the sturm und drang of living. What we can be assured is that an occasional legend is required if we are going to sublimate our daily ennui and manage to muddle through.

Great legends of history often arise on a “just-in-time, just-in-place” happenstance. Often, they appear as individuals but, more often, individuals are named while the legends involve groups. Military exploits such as Achilles and the Greeks at Troy, or Eisenhower and the Allies at D-Day are examples. Rosa Parks and Martin Luther King led, but many others also sacrificed. It is impossible to honor or even acknowledge the millions who contributed to the legends, so we usually coalesce upon one or a very few to crown with being the legend. There is nothing we can do about this human approach; we are human.

Another area we choose in which to anoint representative heroes is athletics. The legends are often only cogs in the great Circle of Life that helps the hero showcase his or her talents but who would not advance without many spokes supporting them. Fortunately, often our legends recognize and acknowledge these facts and often say so as they share the credit.

So, as we glorify Curt Cignetti and Fernando Mendoza and all the rest of the 2025-2026 Indiana Hoosier football team who are the College Football National Champions, as well we should, we should follow their lead and thank the many before them and along with them who helped them inspire us. Here’s to ball-boys, water-girls and the generous boosters among countless others such as IU’s administration.

One of the best attributes of current glory is, if our contemporary heroes have character, and these do, they acknowledge the foundation upon which they stand and often refer to our heroes of IU’s illustrious more than 200-year history. When the media dwells upon past losses we should remind the world of past glories. Indiana University was founded in 1820, not 2024.

When I would walk across the Indiana campus from the Law School to the Gables Restaurant, I often thought of that other law student, Hoagy Carmichael, who had been in there dreaming of “Stardust” when he probably was supposed to be trying to fathom the intricacies of Marbury v. Madison (1803). But what always drew my attention was the gigantic mural above the Gables lunch counter that portrayed our undefeated football team of 1945; war veterans who had helped save the world while enhancing IU’s proud history.

And another good aspect of our 2025-26 Rose Bowl Champions is their exploits recall those of our 1967-68 Rose Bowl team. It has been particularly gratifying to see Coach Lee Corso on TV giving credit to our 1979 Holiday Bowl victors. Neither Curt Cignetti nor countless others failed to honor our university’s long and proud history of culture and accomplishments. IU’s record of football losses is a mite in the pantheon of our proud traditions. Our 2025-26 team is our most recent reminder, we are not losers, we are Hoosiers!

The current chapter of the IU legend may be a new beginning or but a moment. Regardless, it is sure fun now and that is due to the efforts of a whole lot of other dreamers who are, after all these years, as amazed and gratified as Peg and I and the rest of the long cream and crimson line of co-commiserators and winners are.

 

Hallowed Halls of Laurel

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Photo by Peg Redwine

HALLOWED HALLS OF LAUREL

It is kinda’ like how I felt when the sister and two brothers I grew up with became a college professor, a world-class musician and a leading legal scholar. Where did that come from? Gentle Reader, you probably have had the same puzzlement about the neighbor kid you played house or marbles with who is recognized later in life by others as brilliant. You most likely ask yourself, “Who snatched their body away and replaced them with this heroic icon?”

This Gavel Gamut could not be written until after Indiana University’s football team won the CFP semi-final game against Oregon on 09 January 2026; IU did! So, now the ultimate issue to be decided is, will IU beat Miami for the National Championship on Monday, January 19, 2026? In spite of the “rat poison curse”, I say they can and will have done so before you read this column. Miami is extremely well coached and talented, but IU is even better. Discipline and turnovers will decide the outcome. I submit no college football team is better disciplined nor as adept at causing and capitalizing upon their opponent’s mistakes as IU. Yeah, I cannot believe I am writing that either!

Now back to the theme of this column; where the devil did this come from to a program that was the first in college football history to lose over 700 games? What ironic quirk of athletic history brought the college I first saw lose in 1963 to, hopefully, the National Championship a lifetime later? I still remember countless games we lost in the fourth quarter, even in the last seconds of the fourth quarter, or because of some idiosyncratic football faux pas? Where is that team of hard striving ultimate losers who kept falling just short of glory only to be patted on the helmets as if they were incapable of being even average, much less victorious?

Fall 2024 to January 2026 seems as dreamlike as my surprising siblings or friends who found marvelous success and brought me joy in the process. So, has IU won the National Championship? I do not yet know. But I already know my Alma Mater is no longer the doormat of college football history. While I expect IU to beat Miami, I know they have already covered those hallowed southern Indiana limestone walls with laurel amidst all that ivy!

On Facebook follow us at “Jim Peg Redwine” or Substack “@gavelgamut”

 

Want to see those southern Indiana limestone buildings! Click on this link for more:

https://www.youtube.com/watch?v=wCK0DpkswvY

Peg’s clean uniform for 01/19/2026 game. Photo by Peg Redwine

 

Time Is On Our Side

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Over the two or three hundred thousand years we homo sapiens have created and destroyed countless cultures there has been a recurring philosophical debate over whether time is linear or circular. Do things occur once or do events repeat themselves? Is life finite or eternal? Will we find life after life has always been the great mystery. Most people are hesitant to test their hypothesis whichever they believe, hope or dread. Also, most of us who puzzle over the conundrum of time, who are most of us, agree with Viking Cruise Line Chairman Torstein Hagan who says, “Time is the only truly scarce commodity, so spend it wisely”.

Of course, whether we are investing our time or squandering it is about as difficult for us to determine as The College Football Playoff Selection Committee found the choices of which teams should be one of the twelve chosen to vie for the national championship. But one choice was as non-controversial as history made it absolutely phenomenal: THE Indiana University is not only IN, it is at the top of the class!

Photo by Peg Redwine

I attended my first class at IU in the autumn of 1963 when the United States Air Force sent me there for foreign language training. That was my introduction to IU’s reputation as the doormat of college football. By the time I had completed my law degree in Bloomington in 1970 I fully understood. Each year began with hope and ended with despair. We almost always found a new way to snatch defeat from the jaws of a narrow victory. Regardless, Peg and I fell victim to each ray of hope engendered by the rare bright spots such as the 1967-68 Rose Bowl; we lost. She and I were born too late to celebrate the 1945 championship season; well ok, Peg wasn’t even born yet.

As you can tell, Gentle Reader, in the 130 years of IU football the field has remained quite barren. Yet, Peg and I always donned our cream and crimson along with our rose-colored glasses. We just knew if we lived long enough time would reward us. It only took from 1963 to 2024-25. Now, what are we to believe about eternity, if there is such a thing?

At the IU Bookstore. Photo taken by Peg Redwine

 

Sour Grapes

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A plethora of professional football, a cornucopia of college football and, most importantly, the hallowed echoes of high school football. Thanksgiving brings out the America our Founders dreamed of, “A more perfect union”. One where the battles almost never involve fatal blows but where due process on the field requires impartial officials, the Judiciary (?), involved and spirited fans, citizens (?), teams with different positions, players and coaches who are leaders and standard bearers for the hopes of countless constituencies, fans (?).

Peg and I almost surfeited on football last week but our stomachs have about recovered from gastronomical excess and our eyes and seats are ready for more football. Unfortunately, we are already ruing the long, dark journey from February until the fall of 2026. Ah well, we do have a few other things to attend to. And the memories of this season and seasons past will sustain us until then. For example, my favorite Thanksgiving Day football game occurred during my senior year of high school in 1960. I have carefully and constantly rearranged that game, especially the role of my favorite seventeen-year-old player in the outcome.

Photo by Peg Redwine

I was a linebacker who was not particularly gifted in the speed department. All right, I was on defense because my time in the forty was not clocked, but calendared. On the other hand, as I was a catcher on the baseball team, I was fairly adroit at retrieving fumbles; I just did not usually advance them.

Anyway, as I relive that glorious Thursday afternoon in November of 1960, I see myself clutching a blocked punt from our opponent. Only an uncharitable observer would have pointed out that my teammate actually blocked the punt. Regardless, when the football bounced into my arms, I took off like a lightning bolt for the goal line fifty-one yards away, my player number on the team. Mercury could not have caught me.

The next day the newspaper showed why people dislike the media. My heroic touchdown was described thusly, “Jim Redwine, reputedly the slowest player on the team, lugged the ball over the goal line”. That is why my football career ended in high school.

However, Peg and I still plan to cheer on Indiana and Oklahoma University teams as they conquer the playoffs, cheer on Army in the Army Navy game, watch every single college bowl game late into the nights of January then end the season with the Super Bowl in February. Who knows, with coaches making more money than Croesus, maybe some school will hire me to coach linebackers on how not to run.

Photo by Peg Redwine

Do You Believe In Magic?

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Loyal fans from 2013 IU game.

My first experience with Indiana University football was in 1963 when the United States Air Force sent me to IU to learn the Hungarian language. IU lost six out of nine games that year. As is the case with most Indiana Alumni, I have clung to a hope IU would somehow, sometime, win a game in the fourth quarter rather than lose. Peg and I have attended many games filled with enthusiasm but left crushed by reality.

The cruelty of an Indiana winter’s sleet, snow and rain coupled with IU football faux pas has been an almost unrelenting Hoosier heartbreak for sixty-two years. We did finally reach the Rose Bowl in January 1968, but O.J. Simpson ran over us as easily as he later did the California justice system. Almost every one of those long journeys into darkness called an IU football season has been as fruitless as Linus believing Lucy would let him actually kick the ball. After about the first thirty-one years of ennui Peg and I resigned ourselves to the gods’ destiny for Indiana football and attended games just for the tailgate parties.

Hopeful IU fans at the tailgate party! Photo taken by Diane Selch

Of course, Bloomington, Indiana and the IU campus are beautifully accented by pristine limestone, beautiful fall leaves foliage and great college hangouts. We long ago quit watching for a football star in the east and returned to campus to relive those halcyon days of books and beer. So, Gentle Reader, imagine our amazement in 2024 when IU, that’s right IU, made the first college playoff. We were so mesmerized by the real-life fairytale we even celebrated the last two losses after the first ten wins.

Then along came November 08, 2025 and our game against Penn State, at Penn State, a place at which IU had never won. Peg and I were too attuned to IU’s history of hard play and last-minute losses to believe the so-called experts who predicted a two touchdown, easy IU victory. Our pre-game prayer was any victory by any score. And, while IU’s first nine victories this season somewhat lulled us into believing the hype, we never relaxed; we were right!

As had happened to us fans many times with Hoosier football, we marched right along into the end of the third quarter looking like the fabled Four Horsemen or Mr. Inside and Mr. Outside or even like Jim Thorpe had arisen to lead us. However, as had almost always happened before, the fourth quarter brought the enemy to life and was poised to sound the death knell for us. Peg and I were sanguine; we expected it. Once again, the pigskin devils had stricken IU to have us snatch defeat from the jaws of victory.

But with seconds to go and trailing by four points, our Cream and Crimson heroes donned their capes and scored by one toe. It was truly a miracle! Shame on us for ever doubting. Now all I can say is watch out Ohio State and “Holy ‘smokes’, where’s the Tylenol?”

At the IU Bookstore. Photo taken by Peg Redwine