Category Democracy

David Hume, Rubber Stamps, and Cognitive Inequality

[Today we welcome our colleague Reilly Stephens as our newest contributor here at LDB. Our agreement with him states that he will be providing insight and analysis of law, politics, and whatever else we demand, except for modern interpretive dance and ERISA, about which he knows nothing…he was particular about those last two for some […]

For the Love of God, Stop

You don’t like the fact that Donald Trump won the election. I get it, believe me. You dislike him, bigly. To you, his occupying the White House is “sad!” But here’s the deal. Every time you freak out about a non-story, or pump the most recent wild-eyed conspiracy, the only person you hurt is you. Your […]

The Rule of Law as a Law of Rules – Reading Justice Scalia on His 81st Birthday

Justice Scalia, who passed away a year ago last month, would have been 81 yesterday. Re-reading a number of his opinions while doing some research yesterday – Morrison v. Olson and United States v. Santos being among the best that I was reviewing – I was reminded again of how compelling his writing was. More […]

Headlines Lie and Liars Use Headlines

For about seven years before law school, I worked as a freelance newspaper photographer (I’m not that old, I started in high school). I learned one of my most valued lessons about journalism during a photojournalism course taught by a great friend/mentor/co-worker. My professor displayed two photographs taken during the same political rally. The first photograph displayed a politician, standing at a podium, […]

The Dangers of Democracy: Human Rights and Majoritarianism

Introduction Last week, on December 15, we celebrated the 225th anniversary of the ratification of the Bill of Rights. While many Americans find good reason to celebrate the first ten amendments to the Constitution, not as many pause to appreciate that it is the amendments’ anti-democratic character that makes them so effective. Democracy, after all, […]