Judge Robert H. Henry of the U.S. Court of Appeals for the Tenth Circuit introduced Classics Professor Dr. Rufus Fears of the University of Oklahoma, a student favorite, for a talk on law and history.

Dr. Fears began by reminding the audience of American soldiers on patrol in Iraq on the same ground that Ramses II invaded with Egyptians, Alexander the Great Macedonians, Julius Caesar Roman Centurions, Richard II Crusaders, Napoleon the French, and Lawrence of Arabia the British. The legacy of empire was connected to the spread of law. Throughout history, Dr. Fears noted that there had been two dominating superpowers: ancient Rome and the United States in the 21st century.

The Founders of the United States knew, studied and thought historically about classical Rome. They crafted a federal constitution based on the Roman foundation of executive and legislative branches with republican and democratic principles. They knew that Rome rose from a small city by the Tiber river to become a superpower that ruled the classical word. In the times of Julius Caesar and Augustus, the Roman Empire stretched from the moors of Scotland in the northwest to Iraq in the middle east, from Germany in the north to Africa in the south. This was an inspiration and aspiration for the sparsely populated 13 colonies on the eastern seaboard of the North American continent.

The Romans brought economic prosperity, social mobility, and a burst of creativity that laid the foundation for the next 1,000 years of history.

Roman law spread through the known world. These shared moral values first took root in classical Greece, but were adopted by the Romans and later transferred to European civilizations. With one Roman state, one legal system, one Latin language, one currency, and one law, the Romans transformed the many tribes of the one world into an empire, in which the law applied to all citizens of the Empire. The Founding Fathers adopted this principle staking a county on the principle that all people are created equal. Dr. Fears closed his introductory talk by asking: What will the legacy of the United States be?

In breakout session, Justice Denise Johnson of the Vermont Supreme Court asked Professor Fears to answer his own question. He started by noting that the surprising legacy of the Roman Empire was the spread of Christianity and Islam. As for the United States, he deferred saying it could not yet be known what this country's legacy will be. He hoped America would be the most magnanimous, peaceful, prosperous, and beneficial superpower of all time.

Professor Daniel Meador of the University of Virginia Law School asked why the Roman Empire declined. Dr. Fears said that different scholars over the years gave different answers. British historian Edward Gibbon concluded that Rome declined because it abandoned republican principles for imperial control. Others pointed to the Roman involvement in the Middle East resulting in military intervention and "nation-building," to use a modern phrase. Such efforts drained the treasury, depleted troops, and resulted in less focus on Europe. When the Persians swept into the Middle East in the 3rd Century A.D., the Romans learned the unfortunate lesson: "once you're in, you cannot get out."

Judge Frank Nebeker of the District of Columbia Court of Appeals asked whether Rome perceived that it was threatened. Dr. Fears noted that Roman technology was very high for its day making its Empire in the early years safe. He then answered a question about why the Eastern Empire outlasted the Western Empire.

Professor Fears transitioned into how the Founding Fathers thought historically. He pointed out that Thomas Jefferson thought history was the most important subject to study to understand man's nature.

One member of the audience asked about the Founding Fathers views on the separation of church and state. Dr. Fears said they would be surprised by some recent rulings, such as the one prohibiting prayer at the public high school football game. He also stated, however, that the Founding Fathers viewed the Constitution as a living document intended to change as each generation gave meaning to broadly written and general constitutional provisions.

Dr. Fears noted the differences between Roman law and the Common Law: (1) under Roman law, a criminal defendant is presumed guilty, while under the Common Law, the presumption is of innocence; (2) under Roman Law, a confession obtained by torture was considered more reliable than one not coerced, while under the Common Law, torture is assumed to lead to less reliable confessions. The importance of these Common Law ideas is that some of them found their way into the Declaration of Independence and the United States Constitution.

Professor Fears then turned to the self-restraint, constant elections, and openness to change of American leaders. Europeans were sure that George Washington would not step down as President after two terms, but he did. Most around the world in the 19th century would find it strange that in the middle of the Civil War, our country conducted an election and reelected President Lincoln.

In response to a question about what brings about an Empire's end, Dr. Fears said that all power tends to extend until it meets an equal and opposite force. He then discussed the Founders' idea of federalism and separation of power, providing checks and balances. The Federalist Papers show that the Founders knew how imperial reigns end and sought to create governmental structures to address inherent weaknesses.

Dr. Fears closed by discussing the independence of the judiciary as a great American contribution. Any citizen can walk into court to call the government to answer for wrong-doing. While the courts may sometime reach the wrong result (he used the Dred Scott case as an example), the people court amend the constitution if necessary.