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RADICALS IN ROBES

WHY EXTREME RIGHT-WING COURTS ARE WRONG FOR AMERICA

Not entirely the partisan screed that you’d expect, not especially provocative, but enlightening and in some places...

Attempting to support his alarmist view of how life would degrade under the sway of extreme right-wing judges, Sunstein (The Second Bill of Rights, 2004, etc.) nevertheless presents a surprisingly balanced history of constitutional law.

Sunstein (Jurisprudence/Univ. of Chicago Law School) warns that legal fundamentalists, who interpret the Constitution according to the “original understanding,” that is, how the framers and ratifiers conceived it, would deprive us of many of the freedoms and protections that we now take for granted. Fundamentalist courts would, for example, overturn Roe v. Wade on the basis that the Constitution does not protect privacy, strike as unconstitutional key provisions of anti-discrimination laws such as the Civil Rights Act and environmental safeguards such as the Clean Air Act, permit states to bar women from practicing as doctors or lawyers, declare even modest gun control laws invalid, scale back the rights of the accused, shield commercial advertising from government regulation and poke giant doorways in the wall that separates church and state. In fact, states could establish official religions. Sunstein’s most compelling argument against fundamentalism is that the framers and ratifiers were only human, so the Constitution can’t be perfect. Sunstein, however, does not establish a strong one-to-one correspondence between fundamentalism and extreme right-wing politics, other than to say that Justice Antonin Scalia, the most conservative member of the U.S. Supreme Court, is a fundamentalist. Not until near the end does he state, without much support, “The constitutional judgments of fundamentalists are eerily close to the political judgments of conservative politicians.” His evidence that courts are generally shifting to the extreme right is also weak. Sunstein promotes a minimalist approach to constitutional law, which allows that it’s okay to nudge the law carefully in one direction or another (right or left) with incremental decisions, rather than overreach, as he believes the Supreme Court did in Roe v. Wade.

Not entirely the partisan screed that you’d expect, not especially provocative, but enlightening and in some places fascinating.

Pub Date: Oct. 1, 2005

ISBN: 0-465-08326-9

Page Count: 272

Publisher: Basic Books

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 1, 2005

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BETWEEN THE WORLD AND ME

NOTES ON THE FIRST 150 YEARS IN AMERICA

This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”

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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

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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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