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
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
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