With clear-minded authority, Banner tells the story of a crucial, but misunderstood, part of the constitutional structure.
The fiery language directed at SCOTUS obscures a fascinating, complex story, says this engaging book.
The past decade has seen waves of vitriol directed at the Supreme Court from one side or another, so it is refreshing to find a book that sets out the institution’s history without histrionics. Banner is a distinguished legal academic who has written a series of interesting books, including How the Indians Lost Their Land, The Death Penalty, and The Decline of Natural Law, and his intention here is to explain how the Court has operated since its founding. A point that is often missed is that the Court focuses on appeals, judicial review, and technical issues of law. It can, if it chooses, hear cases where the facts are in dispute, but those are unusual. It is often seen as leaning toward the conservative side of the spectrum, but in the 1960s and 1970s it was certainly of a liberal bent. Critics often claimed, then, that in decisions like Miranda, Brown, and Roe, it was ignoring public opinion, going beyond its constitutional role, and creating disruption. When the Court became more conservative, its previous supporters and opponents switched sides and arguments, apparently without a hint of irony. Banner lays out the reasoning in recent cases like Dobbs but is scrupulously evenhanded, offering no opinion about the legal merits of either the decision or the dissent. He notes that calls for changing the Court to affect decisions, such as by increasing the number of judges, are not new but have never received much support. For its part, the Court often shows a surprising independent streak. Banner avoids jargon wherever possible, and the result is a book that is accessible, intelligent, and colorful.
With clear-minded authority, Banner tells the story of a crucial, but misunderstood, part of the constitutional structure.Pub Date: Nov. 4, 2024
ISBN: 9780197780350
Page Count: 656
Publisher: Oxford Univ.
Review Posted Online: June 28, 2024
Kirkus Reviews Issue: Aug. 1, 2024
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 fierce, penetrating, and empowering call for change.
Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.
The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.
A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)Pub Date: June 2, 2020
ISBN: 978-0-593-09465-5
Page Count: 64
Publisher: Penguin Workshop
Review Posted Online: March 14, 2020
Kirkus Reviews Issue: April 1, 2020
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