By Kevin Frazier Law reviews--legal publications edited by law school students and the main outlet for articles written by law professors and other legal scholars--may have outlived their utility. Still, they not only persist, but continue to expand in number and volume. The time has come to stop relying on law reviews as the dominant... Continue Reading →
Jamie Susskind Explains How to Use Republican Ideals to Govern Technology
Jamie Susskind is an author and barrister. He has held fellowships at Cambridge and Harvard Universities. His work is at the crossroads of technology, politics, and law. His most recent book is The Digital Republic: On Freedom and Democracy in the 21st Century. Access Bonus Episodes on Patreon Make a one-time Donation to Democracy... Continue Reading →
When the Law Legitimizes Democratic Backsliding
Become a Patron! Preorder Laura Gamboa's Resisting Backsliding: Opposition Strategies against the Erosion of Democracy here. When the Law Legitimizes Democratic Backsliding Typically we think democratic breakdowns involve coups or civil wars. However, democratic erosion "happens over time. It takes years for an executive with hegemonic aspirations to succeed in eroding democracy." Moreover, democratic backsliding frequently happens... Continue Reading →
Why Does Liberalism Matter
Become a Patron! The second of six posts on Francis Fukuyama’s recent book Liberalism and its Discontents. Why Does Liberalism Matter Like so many other ideas in the political lexicon, liberalism is surprisingly difficult to define. Francis Fukuyama, however, does not shy away from the attempt. He writes, "Classical liberalism is a big tent that... Continue Reading →
The Case for Constitutional Politics
The Constitution has Become Political By now the retirement of Justice Stephen Breyer has become old news. But the political conflict over his successor has only just begun. Republicans have made the control of the Supreme Court a key part of their political agenda. Senator Lindsey Graham recently noted in resignation the Democrats have the... Continue Reading →
Susan Rose-Ackerman on the Role of the Executive in Four Different Democracies
Susan Rose-Ackerman joins the podcast to discuss her new book Democracy and Executive Power: Policymaking Accountability in the US, the UK, Germany, and France. Susan is the Henry R. Luce Professor Emeritus of Law and Political Science at Yale University. Many of these things that you and I are talking about are simply initiatives put... Continue Reading →
Tom Ginsburg Shares his Thoughts on Democracy and International Law
Tom Ginsburg is a professor of international law and political science at the University of Chicago. He is the coauthor of How to Save a Constitutional Democracy with Aziz Huq and the author of Democracies and International Law. At the end of the day, I am optimistic despite all the evidence. First of all, I think... Continue Reading →
International Law: Why Do Democracies Embrace it?
International Law and Democracies International is a riddle for the political theorist. It exists despite the absence of any formal state or government. So, not only is there no international body to enforce its edicts, but it lacks any formal institution to promulgate its laws. It bypasses the notion of sovereignty traditional democratic theory depended... Continue Reading →
Karen Greenberg on the War on Terror, Donald Trump, and American Democracy
Karen Greenberg joins the podcast to discuss how the subtle tools threaten American democracy. Karen is the director of the Center on National Security at Fordham Law, a fellow at New America, and a member of the Council on Foreign Relations. Her new book is Subtle Tools: The Dismantling of American Democracy from the War... Continue Reading →
The State and Institutional Overlap
Military Coups On February 1st, the Tatmadaw arrested the Burmese State Counsellor Aung San Suu Kyi, many other politicians from the National League of Democracy, and declared a state of emergency. The Tatmadaw has formally held power in Myanmar between 1988 and 2011. But it also held power informally as early as 1962. The recent... Continue Reading →