I. The Beginning of the Modern Age

In the history of the literary canon, Hamlet often marks the demarcation that signals the beginning of the modern age. Hamlet reveals his interiority and introspection in his soliloquies drawing attention to what is going on inside of him.[1] While he carries the name of his father, Hamlet differs sharply from the ghost dressed in the regal vestiges of the Arthurian knight. That the young Hamlet retains this status despite the constant evolution in the modern conception of subjectivity is quite astonishing demonstrating that some works of art remain timeless as a tool to interpret each successive period.

The story…

Facebook has long viewed itself as a “neutral platform” avoiding political censorship and driven by the narrative of “connecting the world” as the moral imperative to spread across the world in the contemporary colonial project.

What followed from those humble beginnings has been a series of missteps. In 2016, Russia used the platform in attempts to sway the presidential election. It’s still unclear how effective that effort was. In 2019, a white supremacist in New Zealand live streamed a mass shooting. …

“The attempt to deny racial consideration is, at its root, an attempt to hide the underlying racial oppression, a reality no amount of wand-waving and obfuscation can eliminate.”[1]

Colorblindness “stands for the proposition that race ought to play no role in assessing individuals.”[2] The goal of colorblind constitutionalism seeks to make the words of Dr. King’s famous speech manifest where one’s character and abilities are the metrics considered. This is a noble and hopeful goal for sure and this argument has played an important role in reshaping American society forming the main argument in the desegregation cases.

This notion of…

Schrems II is short for the case, Data Protection Commissioner v. Facebook Ireland Ltd., Maximillian Schrems. The case was heard in the Court of Justice of the European Union (CJEU) last week concerning the arrangement between Europe and the United States called Privacy Shield. Privacy Shield governed the means by which personal data was transferred from Europe to the United States.

In their decision the CJEU invalidated the Privacy Shield meaning the 5,500 businesses that rely on the data transfer arrangement are no longer in compliance with European law and. …

Much has been made of race as a social construct and legal fiction. Race is inherently ambiguous and many factors affect personal identity including lineage, appearance, and representation in society. In Plessy v. Ferguson, the Supreme Court set forth the doctrine of “separate but equal.” In doing so the Supreme Court gave the State power to determine personal identity by determining an individual’s race. In this essay I present the problem of racial classification by revisiting Plessy v. Ferguson.

In Plessy, the Supreme Court reasoned that race was property ignoring the difficulties created by bifurcating race as an issue as…

In the law review article How to Save the Supreme Court, published in the Yale Law Journal, Daniel Epps and Ganesh Sitaraman write persuasively on reasons why it is necessary to reform the Supreme Court and offer two new reform plans.

They argue the Supreme Court has become too partisan with justices adhering to judicial interpretation that tracks along party line. Epps and Sitaraman hope to divorce the Court from this current trend, make the Court less partisan and less of a partisan issue.

You can read more about Epps and Sitaraman’s reform ideas: The Supreme Court Lottery and The…

Supreme Court Reform

The Supreme Court has become overly politicized. Control of the Supreme Court, the capture and control of the judiciary branch has become a motivating factor for the Republican party. Democrats have woken up to this coup as seen in the rancor over Supreme Court nominees that has divided Congress and polarized the legislature.

Fights over the courts has bred toxicity between the political parties and bred enmity, which divides the legislature who fails in their role of governing society.

Supreme Court reform should be motivated by an underlying focus on precedent. This would limit the role of the Court to…

The Court Risks Illegitimacy

When Donald Trump won the presidency, he won it at a critical moment in judicial history. It was at this time that Mitch McConnell blocked a vote for Barack Obama’s Supreme Court nominee Merrick Garland. No vote was called and McConnell reasoned that a president cannot appoint a judge in his last term. A rule that he has disregarded recently. His infidelity to his own rule is prominent because a liberal justice, Ruth Bader Ginsburg is 86 years old.

To go through some scenarios. Maybe President Trump would appoint a liberal justice to maintain a 5–4 balance, though in favor…

The past remembered is devoid of chaos.

We know what happened, all the details arranged in perfect symmetries and all the natures of you and me

our interactions a relationship clear for all to see.

Chaos deconstructed by all that came to be.

But as this moment approached it came with its old friend, Uncertainty, and Chaos reared its ugly heads and on entropy it fed.

Stronger it grew as the event horizon bloomed and us coming to the forking road.

Uncertainty, she reigns in the place where the gods play chance along the expanding arrow of time.

Though as we march steadily along the finite trail her strength doth weaken through what comes to be

Along Fortuna’s path no one is destined to see.

Imagine are flying down the autobahn, wind in your hair and the landscape a passing blur while deep house music whips you to unimaginably legal speeds in an exquisitely crafted metal box of the finest German precision when suddenly a sweet, bulging eyed adorable baby deer wobbles out in its finest Bambi impersonation.

You have the option of smashing through this adorable new life form, swerve into slow (a relative term) moving traffic in the right lane, or veer left into the dividing median.

This is a formulation of the classic trolley problem attributed to a number of philosophers and…

Stephen Ragan

Gypsy writer

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