A provocative and maddening study of judicial activism for the benefit of the haves over the have-nots.
Equality is supposedly enshrined in the law of the land, but inequality reigns supreme thanks to a battery of rulings by the Supreme Court.
From the time of the New Deal until the end of the Warren Burger era, the Supreme Court was an instrument of social policy for the benefit of the poor, shattering such things as the “anti-Okie laws” that made it a crime to transport a poor person across the borders of some 28 states and made it a highly desired career track to be a “poverty lawyer.” This track was followed by none other than Ruth Bader Ginsberg, who made her first Supreme Court argument against an Air Force policy that awarded higher benefits to male than female officers. However, writes Cohen (Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, 2016, etc.), the Nixon era saw the emergence of a right-tending court that poverty lawyers sought to avoid, one that, after Burger retired in 1986, took a definite shift toward favoring corporate interests over individual ones. The inequalities that ensued are of several kinds. Court rulings in the field of education, for example, have validated “the widespread model of overwhelmingly minority urban school districts surrounded by largely white suburban ones,” with the money flowing away from those urban centers and the concomitant “extremely high levels of school segregation.” A different ruling might have created equality of opportunity instead of a clear path to failure, Cohen suggests. Similarly, rulings on political campaign finance have favored corporations, as in the case of Citizens United, and other interventions in politics, as with Bush v. Gore, have worked against the “fundamental principle of American law that court rulings have precedential value.” Throughout, Cohen examines roads not taken, ones that might have “built a different society,” while noting that the court is likely to take an even more rightward tack in coming years.
A provocative and maddening study of judicial activism for the benefit of the haves over the have-nots.Pub Date: Feb. 25, 2020
ISBN: 978-0-7352-2150-5
Page Count: 400
Publisher: Penguin Press
Review Posted Online: Nov. 17, 2019
Kirkus Reviews Issue: Dec. 15, 2019
SEEN & HEARD
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
Greed, depravity, and serial murder in 1920s Oklahoma.
During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.Pub Date: April 18, 2017
ISBN: 978-0-385-53424-6
Page Count: 352
Publisher: Doubleday
Review Posted Online: Feb. 1, 2017
Kirkus Reviews Issue: Feb. 15, 2017
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
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
PERSPECTIVES
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