The Gray Area with Sean Illing

Why America's obsession with rights is wrong

Sep 2, 2021

58:26

Episode guests

Jamal Greene

Highlights

AI Chapters

Episode notes

The American Approach to Rights Conflicts

00:40

The Virtue of Citizens in "r"epublican Thinking

01:08

The Rights as Trumps Side Constraint in American Law

04:27

The American Approach to Rights Conflicts

02:52

Introduction

3min

The American Approach to Rights Conflicts

3min

The Rights as Trumps Side Constraint in American Law

4min

The Importance of Citizens in a Deliberative Democracy

6min

Is It Possible to Put More Economic Thinking and Economic Judgment Calls Into the US Courts?

5min

Talk Space - The Number One on Line Theraphy Platform

3min

Why Judges Shouldn't Be Involved in Courts

2min

How Much Control Do Courts Have Over Our Political Life?

2min

Brown Versus Board of Education

3min

10.

The Art of Judgment in Civil Rights Cases

4min

11.

Is the German Constitution Protecting Women's Rights?

5min

12.

Get Your Hours Back With Click Up

3min

13.

Canadian Supreme Court Decision on Abortion

4min

14.

The Politics of Abortion Rights

2min

15.

Is There a Better Way for American Courts to Think About Gun Rights?

3min

16.

The Seeds of a System That Takes Proportionality More Seriously

3min

17.

Is There a Barrier to a More Proportional System?

5min

Vox's Zack Beauchamp talks with Columbia law professor Jamal Greene about his book How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart. They discuss how the US obsession with rights and their protections gives too much power to judges and the courts, makes it difficult for ordinary citizens to find reasonable solutions to legitimate problems, and has made this country's legal system not only nonsensical but dangerous.

Host: Zack Beauchamp (@zackbeauchamp), Senior Correspondent, Vox

Guest: Jamal Greene (@jamalgreene), Dwight Professor of Law, Columbia Law School

References:

How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart by Jamal Greene (HMH Books; 2021)
"From Guns to Gay Marriage, How Did Rights Take Over Politics?" by Kelefa Sanneh (New Yorker; May 24)
Lochner v. New York, 198 US 45 (1905)
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 US __ (2018)
District of Columbia v. Heller, 554 US 570 (2008)
"Texas's radical anti-abortion law, explained" by Ian Millhiser (Vox; Sept. 2)

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This episode was made by:

Producer: Erikk Geannikis
Editor: Amy Drozdowska
VP, Vox Audio: Liz Kelly Nelson

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The Gray Area with Sean Illing

Why America's obsession with rights is wrong

Episode guests

The American Approach to Rights Conflicts

The Virtue of Citizens in "r"epublican Thinking

The Rights as Trumps Side Constraint in American Law

The American Approach to Rights Conflicts

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