Known Knowns and Known Unknowns in Constitutional Design | Mark Tushnet

The constitution’s drafters know that they face specific issues, such as how to design a lower legislative house, what its relation to an upper house will be, and many more. They also know that people at the time of drafting have views, sometimes strong ones, about how those issues should be resolved. And, finally, they want the constitution they are writing to be adopted. Continue reading Known Knowns and Known Unknowns in Constitutional Design | Mark Tushnet

Francis Fukuyama, ‘End of History’ & our Law Schools | Shantanu Singh

Although the ’eternal marriage of capitalism and democracy,’ where the former repeatedly undermines the latter to the extent of being absolutely incompatible, is being exposed to show clear contradictions today, Fukuyama is not being questioned at our universities – perhaps we still live in his fantasy land. The truth is however far from his fiction, a truly universal and homogeneous liberal state cannot exist with capitalism, competitive or otherwise.

Continue reading Francis Fukuyama, ‘End of History’ & our Law Schools | Shantanu Singh

Corruption: Where We Don’t Like Folks Getting Along Too Well | Lalit Panda

Economics had, of course, previously developed a politically (or economically) correct term to condemn corrupt activity: rent-seeking. However, this is a much wider term, referring even to entirely legal pursuits by which individuals could seek to corner wealth for themselves without actually participating to create new wealth. Continue reading Corruption: Where We Don’t Like Folks Getting Along Too Well | Lalit Panda

What It Means To Be A Hero: American Superhero Comics v. Japanese Shonen Manga | Rajsi Rajora

In popular fiction, which is commonly conceived with this consideration, the moral integrity of a character typically determines his or her role and ideological relevance within the framework of a plot. The classic conflict between the abstract extremes of good and evil thus becomes intrinsic to the fabric of stories. Continue reading What It Means To Be A Hero: American Superhero Comics v. Japanese Shonen Manga | Rajsi Rajora

The Master’s Tools Will Never Dismantle the Master’s House | Audre Lorde

In a world of possibility for us all, our personal visions help lay the groundwork for political action. The failure of academic feminists to recognize difference as a crucial strength is a failure to reach beyond the first patriarchal lesson. In our world, divide and conquer must become define and empower. Continue reading The Master’s Tools Will Never Dismantle the Master’s House | Audre Lorde

Democracy and Demagoguery: Plato’s Gorgias in the Age of Trump (Part II) | Steven Smith

How, then, to harness the power of public speech that has become the dominant power in democratic societies? This is the question that the Gorgias asks us to consider and it is especially worth taking seriously in a new era of populism, demagoguery, and fake news. Continue reading Democracy and Demagoguery: Plato’s Gorgias in the Age of Trump (Part II) | Steven Smith