2024 Enlund Scholar -in- Residence Lecture

Not Born a Democracy: How to Reclaim the Preconditions for Constitutional Self-Governance

Beneath growing perceptions of constitutional crisis and democratic fragility in the United States lies a fundamental difficulty. Critical preconditions for effective self-government are either weak or missing in action, and our constitutional system seems to prevent actions to strengthen or build those preconditions.

Some of the most essential predicates for constitutional democracy that face jeopardy include education, reliable news, security against lethal violence and sufficient respect for government institutions, as well as an appreciation of the shared dignity and the differences among people to participate in and live by the results of collective self-governance.

As basic as these elements may be, none are ensured in the United States in 2024. Efforts to secure a federal constitutional right to education have failed in the courts. Once vibrant newspapers and magazines in the United States are disappearing, and instead, news is shared through social media, enabling misinformation and amplifying outrage. Deaths and injuries due to guns mount yearly, and courts block reform efforts to advance human safety. Political polarizing is mounting, along with distrust of elections and basic social institutions.

Accordingly, this year’s Enlund lecture will explore preconditions for self-government, the obstacles hindering their reinforcement, and promising policies and actions individuals can pursue to overcome challenges.

2024 Enlund Scholar-in-Residence

Professor Martha Minow has taught at Harvard Law School since 1981, where she served as dean for eight years. An expert on constitutional law, human rights, and legal advocacy for marginalized individuals and groups, Minow’s many books include SAVING THE NEWS: WHY THE CONSTITUTION CALLS FOR GOVERNMENT ACTION TO PRESERVE THE FREEDOM OF SPEECH (2021); WHEN SHOULD LAW FORGIVE? (2019) and IN BROWN’S WAKE: LEGACIES OF AMERICA’S CONSTITUTIONAL LANDMARK (2010). Her recent publications include “Distrust of Artificial Intelligence: Sources and Responses from Computer Science and Law,” with Cynthia Dwork, Daedalus (2022), and “Social Media, Distrust, and Regulation,” with Newton Minow, Nell Minow and Mary Minow, Lee. C. Bolling and Geoffrey R. Stone, eds., in SOCIAL MEDIA, FREEDOM OF SPEECH, AND THE FUTURE OF OUR DEMOCRACY (2022).

Minow currently serves as chair of the board of directors for the MacArthur Foundation and co-chair of the Access to Justice project of the American Academy of Arts and Sciences. She previously served on the Center for Strategic and International Studies Commission on Countering Violent Extremism and on the Independent International Commission Kosovo.

Her honors include the Ruth Bader Ginsburg Lifetime Achievement Award from the Women in Legal Education section of the American Association of Law Schools; the Freedom of the Press Career Achievement Award from the Reporters Committee for Freedom of the Press, the Sargent Shriver Equal Justice Award; the Joseph B. and Toby Gittler Prize, Brandeis University; and nine honorary degrees from schools in three countries.

The Enlund Scholar-in-Residence Program

Established in 1988, thanks to a gift from the late E. Stanley Enlund (JD ’42), the Enlund Scholar-in-Residence Program attracts the nation’s foremost legal minds. Enlund scholars provide the College of Law community of students, faculty, alumni and friends with differing perspectives on law, lawyers and social justice.

DePaul University College of Law is an accredited Illinois MCLE provider. This event has been approved for up to one hour of CLE credit.

Register for this free CLE event by September 18, 2024. There is a room cap of 100 in-person attendees, and online participants will receive a link to view the presentation the day before the event.

 No proof of vaccination is required of guests and masks are optional.       

You may be asked to show your ID while on campus. We know your time is valuable, and we appreciate your patience and cooperation.   

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Host or Publisher DePaul University College of Law