I was tired enough yesterday and I had a number of post-vacation things to do, so I did not leave the house. But I did have a chance to do something I rarely do. A copy of the latest edition of the Yale Law Report was in our mailbox and I decided, during a period when I felt incapable of doing anything else, to scroll through it and see what’s going on at the law school I graduated from almost 60 years ago and which, except for its architecture, is hard for me to recognize, it is so much busier than it was then.
The first 30 pages of the journal were devoted to events at the school, activities of various student clinics, and activities of the faculty. Remarkable stories about advances in working on potential legal framework changes for palliative health care, about how to regain adherence to the rule of law, on potential settlement terms of the Russian-Ukrainian war, the relationship between law and technology (including AI), how to advance various forms of environmental protection, how to slow down use of the Supreme Court’s “Emergency Docket”, how to cope with federal actions that threaten local public safety, programs to introduce Yale students to foreign legal systems and to introduce foreign legal students to the American legal system, how to analyze the effects of tariffs, how to increase laws internationally to protect women from violence, issues regarding drug patents, protection of immigrants, denial of benefits for certain Agent Orange survivors, and so on.
Virtually every one of these activities seem to me to be directed to the public good; there are very, very few that I would possibly question. The issue also discussed 18 books written by faculty or others close to the school, and had a number of feature articles, in addition the usual class notes and condolences.
I assume that the magazines published by many or most other law schools could have an equal number of activities that should be applauded. As do all of the medical schools, and other professional schools serving the various interests of mankind.
My question is a simple one. With all of this good work going on, hard and good work, why is the world in such miserable condition? And I don’t mean this as a silly or facetious question. It’s a serious one. With all of this work going through the efforts of clearly very bright people……why is everything so screwed up?
I am now reading a book titled The Remaking of Italy, written under the pseudonym of “Pentad”, and published in 1941 with Mussolini in control, and World War II flaring. It is a remarkable book in that it tells the story of the Italan peninsula from pre-Roman times until the then present, and the political changes are constant. Some for the better, more for the worse, but throughout all of this political uproar, life, for those able to keep alive, keeps going. Books are written, art is created, science makes discoveries, and so on.
So, today is not any different. Errant political leaders suppress progress for many, but the world goes on. People do what people do.
Under Mussolini (the strongman who could not resist the stronger man from the Third Reich), and in a war where Italians knew they would be a loser even if their side won, it was probably hard to glimpse a better future. As “Pentad” said:
“It seems that, against the growing and irrepressible aspirations towards solidarity, liberty, and justice, there frequently arise resisting forces which try to paralyze those aspirations,and often succeed in so doing. When this happens, the idea of Lex succombs to that of Rex and the individual loses every guarantee.”
We are not living in Mussolini’s Italy and World War II is long over. But we are living in Trump’s America, and we all (should) see the leadership parallels. “Pentad” makes it clear that this too will pass. But “Pentad” also makes it clear that it may not pass tomorrow, and that it may not pass in time for the current generation to see it pass. “Pentad” also makes it clear that it will not disappear on its own, and not by external forces, but by internal actions when the time is ripe. Mussolini will die, the war will end one way or another, but the “remaking” of Italy will be up to the Italians. A lesson to remember.
By the way, you may wonder who “Pentad” was. First, as you may know, a “pentad” is a group of five somethings. In this case, it was a collaboration of five authors, Italian and British who felt the necessity of hiding their identities. From what I see, today in 2026, no one can yet identify them.



























































































































































