The court says we 're asking you to be moral men and women , to make a moral judgment of the right thing to do , '' said Thane Rosenbaum , a professor of law at Fordham University School of Law in New York City , and author of the book '' The Myth of Moral Justice : Why Our Legal System Fails to Do What 's Right '' -LRB- HarperCollins , 2004 -RRB- . ''