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HOW TO INTERPRET THE CONSTITUTION

One of the most significant works about constitutional interpretation in recent years.

An incisive rethinking of the U.S. Constitution.

Sunstein, the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School, begins by pointing out the irrefutable fact that “the Constitution does not contain the instructions for its own interpretation.” Thus, “no approach to constitutional interpretation is required or self-justifying.” On those grounds, he briskly swats away every jurisprudentially, philosophically, and historically justified interpretive scheme—“anti-originalist” as well as “originalist,” of the left as well as the right—that has been advanced since the 19th century. All schools and schemes of interpretation fall before his generous-spirited ax strokes. In their place, he argues, there can be only one acceptable, humane approach to judicial interpretation: the search among jurists for a “ ‘reflective equilibrum’ in which [jurists’] judgments, at multiple levels of generality, are brought into alignment with each other” in order to achieve the most democratically acceptable and fairest outcome achievable at the time. “There is no alternative to the search for reflective equilibrium,” writes the author, because “no theory makes sense for every imaginable world.” Though disarmingly and intentionally “simple and straightforward,” as well as open-hearted, common-sensical, and succinct, Sunstein’s text, given its grave and demanding subject, requires readers’ attentiveness. Despite the author’s fair-mindedness, it’s clear that his main targets are the originalist and traditionalist arguments that have recently captured the radical right and are overturning decades of settled constitutional law. Is Sunstein’s interpretive scheme strong enough to halt the further advance of originalist and traditionalist thinking on the Supreme Court? Probably not. But it’s a brave, muscular, and compelling roadblock now standing in the way of originalist ideologues. This book should be in the hands of every law student, constitutional lawyer, judge, and Supreme Court justice.

One of the most significant works about constitutional interpretation in recent years.

Pub Date: Aug. 15, 2023

ISBN: 9780691252049

Page Count: 208

Publisher: Princeton Univ.

Review Posted Online: April 3, 2023

Kirkus Reviews Issue: May 1, 2023

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WHEN BREATH BECOMES AIR

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...

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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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DEAR NEW YORK

A familiar format, but a timely reminder that cities are made up of individuals, each with their own stories.

Portraits in a post-pandemic world.

After the Covid-19 lockdowns left New York City’s streets empty, many claimed that the city was “gone forever.” It was those words that inspired Stanton, whose previous collections include Humans of New York (2013), Humans of New York: Stories (2015), and Humans (2020), to return to the well once more for a new love letter to the city’s humanity and diversity. Beautifully laid out in hardcover with crisp, bright images, each portrait of a New Yorker is accompanied by sparse but potent quotes from Stanton’s interviews with his subjects. Early in the book, the author sequences three portraits—a couple laughing, then looking serious, then the woman with tears in her eyes—as they recount the arc of their relationship, transforming each emotional beat of their story into an affecting visual narrative. In another, an unhoused man sits on the street, his husky eating out of his hand. The caption: “I’m a late bloomer.” Though the pandemic isn’t mentioned often, Stanton focuses much of the book on optimistic stories of the post-pandemic era. Among the most notable profiles is Myles Smutney, founder of the Free Store Project, whose story of reclaiming boarded‑up buildings during the lockdowns speaks to the city’s resilience. In reusing the same formula from his previous books, the author confirms his thesis: New York isn’t going anywhere. As he writes in his lyrical prologue, “Just as one might dive among coral reefs to marvel at nature, one can come to New York City to marvel at humanity.” The book’s optimism paints New York as a city where diverse lives converge in moments of beauty, joy, and collective hope.

A familiar format, but a timely reminder that cities are made up of individuals, each with their own stories.

Pub Date: Oct. 7, 2025

ISBN: 9781250277589

Page Count: 480

Publisher: St. Martin's

Review Posted Online: Aug. 1, 2025

Kirkus Reviews Issue: Sept. 1, 2025

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