While accessible to general readers with some familiarity with leading cases and justices of the past century, this...
A novel approach to analyzing the majority and dissenting opinions of the Supreme Court.
In this slender volume, prolific legal writer Sunstein (Law/Harvard Univ.; Choosing Not to Choose: Understanding the Value of Choice, 2015, etc.) presents an original way of looking at the decisional postures of Supreme Court justices by characterizing them as assuming one of four personae. Heroes are willing to take bold action to overturn statutes and customs in response to perceived constitutional mandates. Soldiers are more deferential to the orders of the people as expressed through their elected representatives. Minimalists are open to change but prefer to accomplish it through small, incremental steps, building slowly on precedent. Mutes will use technical doctrines to avoid committing the court to any decision until public attitudes or the political process have moved the underlying issue further. No justice adopts the same persona consistently; a justice may tend to heroics in cases involving affirmative action, for example, but act as a soldier where abortion rights are at issue. While Sunstein believes that no persona is superior in all instances, he persuasively argues a preference for what he calls a "Burkean minimalist" as the persona that will most often produce sound decisions. Along the way, he includes illuminating discussions of theories of constitutional interpretation, doubts about the legitimacy of heroes invoking “abstract ideas about liberty or equality as anti-democratic swords," and clashes among the personae as revealed in the court's opinions. Carefully reasoned and clearly explained, Sunstein's approach offers a more insightful way of analyzing the positions of individual justices than resorting to simplistic ideologies or interpretive theories like "original meaning," which the author shows are of limited utility at best.
While accessible to general readers with some familiarity with leading cases and justices of the past century, this discussion will be of interest largely to law students, attorneys, and SCOTUS junkies.Pub Date: Oct. 7, 2015
ISBN: 978-0-19-022267-3
Page Count: 180
Publisher: Oxford Univ.
Review Posted Online: May 19, 2015
Kirkus Reviews Issue: June 1, 2015
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A Churchill-ian view of native history—Ward, that is, not Winston—its facts filtered through a dense screen of ideology.
Custer died for your sins. And so, this book would seem to suggest, did every other native victim of colonialism.
Inducing guilt in non-native readers would seem to be the guiding idea behind Dunbar-Ortiz’s (Emerita, Ethnic Studies/California State Univ., Hayward; Blood on the Border: A Memoir of the Contra War, 2005, etc.) survey, which is hardly a new strategy. Indeed, the author says little that hasn’t been said before, but she packs a trove of ideological assumptions into nearly every page. For one thing, while “Indian” isn’t bad, since “[i]ndigenous individuals and peoples in North America on the whole do not consider ‘Indian’ a slur,” “American” is due to the fact that it’s “blatantly imperialistic.” Just so, indigenous peoples were overwhelmed by a “colonialist settler-state” (the very language broadly applied to Israelis vis-à-vis the Palestinians today) and then “displaced to fragmented reservations and economically decimated”—after, that is, having been forced to live in “concentration camps.” Were he around today, Vine Deloria Jr., the always-indignant champion of bias-puncturing in defense of native history, would disavow such tidily packaged, ready-made, reflexive language. As it is, the readers who are likely to come to this book—undergraduates, mostly, in survey courses—probably won’t question Dunbar-Ortiz’s inaccurate assertion that the military phrase “in country” derives from the military phrase “Indian country” or her insistence that all Spanish people in the New World were “gold-obsessed.” Furthermore, most readers won’t likely know that some Ancestral Pueblo (for whom Dunbar-Ortiz uses the long-abandoned term “Anasazi”) sites show evidence of cannibalism and torture, which in turn points to the inconvenient fact that North America wasn’t entirely an Eden before the arrival of Europe.
A Churchill-ian view of native history—Ward, that is, not Winston—its facts filtered through a dense screen of ideology.Pub Date: Sept. 16, 2014
ISBN: 978-0-8070-0040-3
Page Count: 296
Publisher: Beacon Press
Review Posted Online: Aug. 17, 2014
Kirkus Reviews Issue: Sept. 15, 2014
BOOK REVIEW
BOOK TO SCREEN
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.
“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.
It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.Pub Date: Nov. 12, 2019
ISBN: 978-1-61039-950-0
Page Count: 432
Publisher: PublicAffairs
Review Posted Online: Aug. 28, 2019
Kirkus Reviews Issue: Sept. 15, 2019
SEEN & HEARD
© Copyright 2025 Kirkus Media LLC. All Rights Reserved.
Follow
Popular in this Genre
We can’t wait for you to join Kirkus!
It’s free and takes less than 10 seconds!
Already have an account? Log in.
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
Welcome Back!
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
