by Ken MacVey
After many years as a practicing lawyer, I remain proud of what I do. Putting aside lawyer jokes, stale references to ambulance chasing and analogies with other professions that charge by the hour, I have enjoyed doing what lawyers do and I am unapologetic about it.
Sometimes to clients, colleagues, and classes that I teach, I give my elevator pitch on why law is essential to, in fact constitutive of American society. It varies but goes something like this –
“We are all aware of the visible physical infrastructure we use every day that we take for granted but can’t do without. The water reservoirs, pumps and pipelines we rely on to have a glass of water or to take a shower. The electrical plants and transmission lines that light and power our homes and businesses. The sewer systems that protect our public health. The roads and freeways that can take us anywhere in the country and deliver our food and medicine and every other item of commerce we depend on.
“But there is another infrastructure you don’t see – the invisible infrastructure of law. Without law, the physical infrastructure we take for granted would not exist as we know it. For roads or sewers to be constructed and run, contracts must be entered, funds procured by loans and bonds, and health and safety standards set by law. In fact, there is not a single thing in our lives that you care about law does not touch. Your name and identity – a matter of law. Your home and personal property – a matter of law. Same with the money in your bank account; protection from thugs and crooks; the right to speak or vote. Your citizenship and the country you live in, the United States of America, are creatures of law. Law is what ties all of us together.”
“Law as our invisible infrastructure” is my elevator pitch as to how and why law is fundamental to what we do and who we are. And just as engineers and workers attend to one kind of infrastructure, judges and lawyers attend to another.
But now I am wondering, will I still be able to give this pitch? In the infancy of the second Trump administration, we are witnessing one of the gravest internal threats to the rule of law in American history. Read more »






With its pristine rainforest, complex ecosystems and rich wildlife, Ecuador has been home to one of the most biodiverse countries on Earth. For thousands of years indigenous peoples have also lived harmoniously in this rainforest on their ancestral land. All that has now changed. Since the 1960s, oil companies, gold miners, loggers and the enabling infrastructural workers have all played their part in the systematic deforestation and destruction of this complex eco-system. Human rights abuses, health issues, deleterious effects on the people’s cultures and the displacement of people have all become part of the indigenous people’s lives. But wherever and whenever oppression, exploitation and social injustice raises its ugly head, resistance will eventually emerge, and so it is with the indigenous Waorani people of the Ecuadorian rainforest, under the leadership of Nemonte Nenquimo.




It doesn’t take a lot of effort to be a bootlicker. Find a boss or someone with the personality of a petty tyrant, sidle up to them, subjugate yourself, and find something flattering to say. Tell them they’re handsome or pretty, strong or smart, and make sweet noises when they trot out their ideas. Literature and history are riddled with bootlickers: Thomas Cromwell, the advisor to Henry VIII, Polonius in Hamlet, Mr. Collins in Pride and Predjudice, and of course Uriah Heep in David Copperfield.
There is something repulsive about lickspittles, especially when all the licking is being done for political purposes. It’s repulsive when we see it in others and it’s repulsive when we see it in ourselves It has to do with the lack of sincerity and the self-abasement required to really butter someone up. In the animal world, it’s rolling onto your back and exposing the vulnerable stomach and throat—saying I am not a threat.




Risham Syed. The Heavy Weights, 2008.
Despite the fact that Newcomb’s paradox was discovered in 1960, I’ve been prompted to discuss it now for three reasons, the first being its inherent interest and counterintuitive conclusions. The two other factors are topical. One is a scheme put forth by Elon Musk in which he offered a small prize to people who publicly approved of the free speech and gun rights clauses in the Constitution. Doing so, he announced, would register them and make them eligible for a daily giveaway of a million dollars provided by him (an almost homeopathic fraction of his 400 billion dollar fortune). The other topic is the rapid rise in AI’s abilities, especially in AGI (Artificial General Intelligence). Soon enough it will be able, somewhat reliably, to predict our behaviors, at least in some contexts.