A Cautionary Tale: Globalization and Legitimation Crisis in the Rule of Law in the United States

Abstract

Globalization creates a crisis for the future of democracy in the United States.

1. U.S. law schools consistently treat international and transnational law as add-ons to the curriculum. This leaves graduates unaccustomed to the relationship between future trade and investment targeting skilled and educated regional labor pools.

2. The current Supreme Court interpretations of the federalism in the U.S. Constitution create a barrier to full democratic representation in Nation-State negotiation and foreign policy.

3. As a result of this political economy, the preservation of democracy within the United States suffers from growing disbelief in the rule of law.

4. The judicial coup by the Supreme Court in Bush v. Gore, therefore, requires both curricular reform and methodic institution of critical oppositional norms and methods to regain democratic legitimation of the rule of law.