A smart brief about the high court that suffers from sometimes dubious and occasionally inadmissible historical evidence.
Abortion, gay rights, disputed presidential elections and wartime powers have appeared on the Supreme Court docket under chief justices Rehnquist and Roberts, but this occasionally enlightening, often injudicious account focuses more on prickly egos.
CNN senior legal analyst and New Yorker staff writer Toobin (Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election, 2001, etc.) raises red flags in noting that he conducted confidential interviews “with the justices and more than seventy-five of their law clerks.” All the justices—even press-hostile Clarence Thomas and Washington-allergic David Souter? Since these interviews were “on a not-for-attribution basis,” how can we judge, for example, the claim that Sandra Day O’Connor found the presidency of George W. Bush “arrogant, lawless, incompetent, and extreme”? This vague sourcing is regrettable, because much about the justices’ personalities and deliberations in the last 20 years appears on the record. Moreover, Toobin displays a gift for narrative and abundant insights into how justice—and justices—get made. We learn that in the waning years of the Rehnquist Court, the justices’ isolation meant they influenced each other not in chambers, but in public questions during oral arguments. Over the last two decades, Toobin informs us, even the most conservative justices have grown increasingly tolerant toward gay clerks. In another tidbit, we hear that Mario Cuomo tantalized Bill Clinton with his interest in the vacancy that ultimately went to Ruth Bader Ginsburg. Despite periodic attempts at fairness, Toobin’s views color his characterizations. Liberal Stephen Breyer has “an almost messianic belief in the power of reason,” while more right-leaning justices are dismissed as crusty (the late Byron White) or “famously pugnacious” (Antonin Scalia). Toobin’s surprise that Dubya would appoint justices of his own ideological stripe seems disingenuous. Surely such a well-informed writer is aware of the confirmation reverses suffered by LBJ and Nixon in the 1960s and, at a greater extreme, FDR’s court-packing scheme of 1937.
A smart brief about the high court that suffers from sometimes dubious and occasionally inadmissible historical evidence.Pub Date: Sept. 18, 2007
ISBN: 978-0-385-51640-2
Page Count: 336
Publisher: Doubleday
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: July 15, 2007
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
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