Professor Epstein notes that she has also spent time in jail because of political activism.

"The right wing doesn't have that kind of sense of humor," observed Professor Epstein.

"I hope you will be deeply committed to the value of whatever enterprise to which you dedicate your life," Professor Epstein said.

"You have to ask whether parents have a duty to commit their children whenever they see this kind of behavior," Professor Epstein said.

"You're not going to get smart people who believe in tort reform to make this their test case," Professor Epstein said.

"If their constituents think ideology is a good reason to vote against a nominee," Professor Epstein said, "they're going to vote against him."

Professor Epstein and other legal scholars are wary of some of the terms thrown about in this debate.

"Your jaw is basically hanging down to your midchest," Professor Epstein said.

But, Professor Epstein said, on issues other than antitrust and regulation, "I could not tell you what his views are."

His articles were often cited in modern works and current cases, Professor Epstein said.