A carefully reasoned plea for a continuing engagement of the American judiciary in establishing a worldwide rule of law.
A liberal Supreme Court justice takes on a conservative bugbear.
Associate Justice Breyer (Making Our Democracy Work: A Judge's View, 2010, etc.) notes that consideration of the decisions of foreign courts in Supreme Court opinions has recently "sometimes evoked strongly adverse political reactions," even though references to foreign decisions appear from the court's earliest days. The author attempts to allay such concerns by placing the court's modern engagement with foreign law in the context of a global economy. "The objections of critics," he writes, "do not reflect the reality of today's federal court dockets….It is not the cosmopolitanism of some jurists that seeks this kind of engagement but the nature of the world itself that demands it." Breyer argues that as American government and business become more closely enmeshed with foreign governments and with international organizations and commercial interests, federal courts cannot function effectively without taking perceptive account of the decisions and underlying reasoning of other nations' courts. While he acknowledges concerns that decisions based in part on foreign law may lack political legitimacy, particularly in the context of determining what constitutes unacceptable "unusual" punishment under the Eighth Amendment, he dismisses these cases as a sideshow. Breyer illustrates the plethora of international issues confronting the court by examining at length a number of cases involving, for example, the geographical reach of the Securities and Exchange Commission rule prohibiting fraud in securities sales and the interaction between a treaty on a foreign defendant's consular access and American criminal procedure. Breyer's style and exposition are remarkably clear. His summaries of cases are sufficiently detailed to highlight the complexity and subtlety of the issues presented for decision without being entirely daunting to readers outside the legal profession. Nevertheless, few but lawyers will likely have the patience to work through the arguments.
A carefully reasoned plea for a continuing engagement of the American judiciary in establishing a worldwide rule of law.Pub Date: Sept. 15, 2015
ISBN: 978-1-101-94619-0
Page Count: 400
Publisher: Knopf
Review Posted Online: July 24, 2015
Kirkus Reviews Issue: Aug. 15, 2015
BOOK REVIEW
BOOK REVIEW
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”
The powerful story of a father’s past and a son’s future.
Atlantic senior writer Coates (The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood, 2008) offers this eloquent memoir as a letter to his teenage son, bearing witness to his own experiences and conveying passionate hopes for his son’s life. “I am wounded,” he writes. “I am marked by old codes, which shielded me in one world and then chained me in the next.” Coates grew up in the tough neighborhood of West Baltimore, beaten into obedience by his father. “I was a capable boy, intelligent and well-liked,” he remembers, “but powerfully afraid.” His life changed dramatically at Howard University, where his father taught and from which several siblings graduated. Howard, he writes, “had always been one of the most critical gathering posts for black people.” He calls it The Mecca, and its faculty and his fellow students expanded his horizons, helping him to understand “that the black world was its own thing, more than a photo-negative of the people who believe they are white.” Coates refers repeatedly to whites’ insistence on their exclusive racial identity; he realizes now “that nothing so essentialist as race” divides people, but rather “the actual injury done by people intent on naming us, intent on believing that what they have named matters more than anything we could ever actually do.” After he married, the author’s world widened again in New York, and later in Paris, where he finally felt extricated from white America’s exploitative, consumerist dreams. He came to understand that “race” does not fully explain “the breach between the world and me,” yet race exerts a crucial force, and young blacks like his son are vulnerable and endangered by “majoritarian bandits.” Coates desperately wants his son to be able to live “apart from fear—even apart from me.”
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”Pub Date: July 8, 2015
ISBN: 978-0-8129-9354-7
Page Count: 176
Publisher: Spiegel & Grau
Review Posted Online: May 5, 2015
Kirkus Reviews Issue: July 1, 2015
BOOK REVIEW
BOOK REVIEW
SEEN & HEARD
BOOK TO SCREEN
BOOK TO SCREEN
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