The Unsolved Mysteries of “Unsolved Mysteries”

(Part 2 of 2) I fully expect that we will get some resolution to several important plot threads in Lost’s finale tonight, particularly matters that have been developed over the last season and Season 5’s finale: what “sideways world” is, what Desmond is up to, how MIB is going to be defeated, what happens to the remaining main characters, what Jack’s nuclear bomb explosion did, and perhaps more about what the Island is/does. The head writers have said that they don’t intend a Sopranos-style fade to black. Whether the resolution is fulfilling or not is a separate issue, but my guess is that I’ll like it.

But I also expect, just because there is limited time, that several key elements of the plot from past seasons are going to be simply dropped. I don’t mean comparatively trivial items like why Libby was in Hurley’s mental institution or where the polar bears came from. I mean crucial components of the plot from one or more seasons are going to get left behind like jettisoned cargo. Here’s my top 4.

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Rediscovering the Privileges or Immunities Clause

The Privileges or Immunities Clause of the Fourteenth Amendment has been largely dormant since the Slaughterhouse Cases of 1873.  Courts generally treat the Clause as adding little or nothing to the Fourteenth Amendment’s two better-known provisions, the Equal Protection and Due Process Clauses.  However, Bruce Boyden argues  in a new paper on SSRN that the Clause actually does have a distinctive role to play in constitutional doctrine, specifically, by regulating conflicts between states over competing “status regimes.”

As Bruce explains, America’s prototypical “status regime conflict” related to the rights of northern blacks who traveled to pro-slavery states prior to the Civil War.  Much litigation resulted from the refusal of some southern and western states to recognize the rights of such travelers.  Based on a review of the debates arising from these antebellum cases and the history surrounding the adoption of the Privileges or Immunities Clause, Bruce argues that the Clause was intended to ensure that interstate travelers could retain the legal status they enjoyed in their home states notwithstanding entrenched national divisions over legal status questions.

For Bruce, the ongoing significance of this history is that the Privileges or Immunities Clause should continue to be seen as a device for resolving status regime conflicts. 

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Lost Potential

(Part 1 of 2) Back when I was a teenager, I used to play Dungeons & Dragons with a group of friends. D&D, for those who have never played it, is essentially a pen-and-paper version of World of Warcraft. Instead of a computer running the game, that role in D&D was served by a person—the “Dungeon Master,” or DM—whose job it was to map out a location in advance and fill it with monsters, traps, and other characters and events, and keep that material hidden from the players until they reached certain points in the game. Whereas computer games display information visually to the players as they wander through the game world, in D&D the DM simply describes what happens, according to his or her pre-established plan and a set of fixed rules governing things like combat.

One of my friends was a particularly good DM. He would create settings full of portentous omens, intrigue, and mysterious characters. Seemingly random encounters would lead to unexpected coincidences. The world he created seemed richly populated with deeper meaning, and my friends and I loved exploring it.

But we ultimately discovered that there was no deeper meaning; there was no there there. He was making it all up on the fly, and when we started scratching beyond the surface, improbable barriers such as invulnerable gods and invincible monsters began to block our path. The narrative structure of the world collapsed under its own weight.

I’m reminded of all that by the final season of Lost. Lost, I think, illustrates a trap that the creators of D&D dungeons and network television series alike are apt to fall prey to: it is much, much more tempting to build suspense than to resolve it.

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