Are You Sympathetic to Federalism?

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I think federalism is entirely compatible with and make sense in the contexts of rights. What i mean is, rights are not just about things that quirt say. Rights are are grounded in political negotiation. And i think that the number of sites wer where that political negotiation is possible should be greater. I think government effectiveness is itself something that can and should be understood in rights terms. But we have a right to democratic participation and to the fruit of that participation, to bear fruit.

What does it mean to uphold disability rights, or the right to economic liberty? What framework should be used when rights appear to conflict? Constitutional law expert Jamal Greene contends that the way Americans view rights—as fundamental, inflexible, and universal—is at odds with how the rest of the world conceives of them, and even with how our own founders envisaged them. In his new book, How Rights Went Wrong, he lays out his vision for reimagining rights as the products of political negotiation. The goal of judges, he says, should be to manage disagreement in a way that leads to social harmony and social cohesion—and by doing so, foster the ultimate goal of peaceful pluralism.

Jamal and Tyler discuss what he’d change about America’s legal education system, the utility of having non-judges or even non-lawyers on the Supreme Court, how America’s racial history influences our conception of rights, the potential unintended consequences of implementing his vision of rights for America, how the law should view economic liberty, the ideal moral framework for adjudicating conflicts, whether social media companies should consider interdependencies when moderating content on their platforms, how growing up in different parts of New York City shaped his views on pluralism, the qualities that make some law students stand out, and more.

To register for the Talking Talent with Tyler Cowen event, please visit the link below: https://www.mercatus.org/events/talking-talent-tyler-cowen Read a full transcript enhanced with helpful links, or watch the full video.

Recorded April 5th, 2022 Other ways to connect

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