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THE LAW OF THE LAND

A GRAND TOUR OF OUR CONSTITUTIONAL REPUBLIC

A provocative, consistently interesting take on our constitutional history.

In the third volume of a series that assesses the Constitution from varying perspectives, a law professor approaches the document geographically, examining it through the prism of the states.

Constitutional law, as Amar (Law and Political Science/Yale Univ.; America’s Unwritten Constitution: The Precedents and Principles We Live By, 2012, etc.) reminds us, is not merely the province of scholars and judges, but rather “a game that many can play…if they are smart and serious.” The geographical angle is itself a kind of game that, while not wholly successful, has the virtue of reminding us how much of our constitutional law is shaped by our federalism. Using 12 states from all regions of the country, Amar tells individual constitutional stories; all hold national implications, but each one is distinctively imprinted by the characteristics of a place or region. He deals first with personalities, influential constitutional decision-makers whose roots powerfully affected their thoughts on the nature of the Union (Illinois’ Lincoln), the applicability of the Bill of Rights to the states (Alabama’s Hugo Black) and the limits of presidential power (New York’s Robert Jackson). The author then turns to signal cases—e.g., Brown v. Board of EducationTinker v. Des Moines and Bush v. Gore—where the histories of the states from which each arose have inflected our understanding of civil rights, free speech and presidential selection. Finally, Amar concludes with a discussion of some constitutional principles and provisions: presidential succession (Ohio and Texas), gun rights (Wyoming), search and seizure (Massachusetts), and federalism (New Jersey). Even those disinclined to accept his thesis of geographic determinism will delight in his smooth prose, his frank confessions of bias, his frequently sharp insights and the many sparkling nuggets he scatters throughout, whether about the location of the only national park site named after a Supreme Court case or how Camden, New Jersey, got its name.

A provocative, consistently interesting take on our constitutional history.

Pub Date: April 14, 2015

ISBN: 978-0-465-06590-5

Page Count: 352

Publisher: Basic Books

Review Posted Online: Jan. 18, 2015

Kirkus Reviews Issue: Feb. 1, 2015

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TOMBSTONE

THE EARP BROTHERS, DOC HOLLIDAY, AND THE VENDETTA RIDE FROM HELL

Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

Rootin’-tootin’ history of the dry-gulchers, horn-swogglers, and outright killers who populated the Wild West’s wildest city in the late 19th century.

The stories of Wyatt Earp and company, the shootout at the O.K. Corral, and Geronimo and the Apache Wars are all well known. Clavin, who has written books on Dodge City and Wild Bill Hickok, delivers a solid narrative that usefully links significant events—making allies of white enemies, for instance, in facing down the Apache threat, rustling from Mexico, and other ethnically charged circumstances. The author is a touch revisionist, in the modern fashion, in noting that the Earps and Clantons weren’t as bloodthirsty as popular culture has made them out to be. For example, Wyatt and Bat Masterson “took the ‘peace’ in peace officer literally and knew that the way to tame the notorious town was not to outkill the bad guys but to intimidate them, sometimes with the help of a gun barrel to the skull.” Indeed, while some of the Clantons and some of the Earps died violently, most—Wyatt, Bat, Doc Holliday—died of cancer and other ailments, if only a few of old age. Clavin complicates the story by reminding readers that the Earps weren’t really the law in Tombstone and sometimes fell on the other side of the line and that the ordinary citizens of Tombstone and other famed Western venues valued order and peace and weren’t particularly keen on gunfighters and their mischief. Still, updating the old notion that the Earp myth is the American Iliad, the author is at his best when he delineates those fraught spasms of violence. “It is never a good sign for law-abiding citizens,” he writes at one high point, “to see Johnny Ringo rush into town, both him and his horse all in a lather.” Indeed not, even if Ringo wound up killing himself and law-abiding Tombstone faded into obscurity when the silver played out.

Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

Pub Date: April 21, 2020

ISBN: 978-1-250-21458-4

Page Count: 400

Publisher: St. Martin's

Review Posted Online: Jan. 19, 2020

Kirkus Reviews Issue: Feb. 15, 2020

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WHY WE SWIM

An absorbing, wide-ranging story of humans’ relationship with the water.

A study of swimming as sport, survival method, basis for community, and route to physical and mental well-being.

For Bay Area writer Tsui (American Chinatown: A People's History of Five Neighborhoods, 2009), swimming is in her blood. As she recounts, her parents met in a Hong Kong swimming pool, and she often visited the beach as a child and competed on a swim team in high school. Midway through the engaging narrative, the author explains how she rejoined the team at age 40, just as her 6-year-old was signing up for the first time. Chronicling her interviews with scientists and swimmers alike, Tsui notes the many health benefits of swimming, some of which are mental. Swimmers often achieve the “flow” state and get their best ideas while in the water. Her travels took her from the California coast, where she dove for abalone and swam from Alcatraz back to San Francisco, to Tokyo, where she heard about the “samurai swimming” martial arts tradition. In Iceland, she met Guðlaugur Friðþórsson, a local celebrity who, in 1984, survived six hours in a winter sea after his fishing vessel capsized, earning him the nickname “the human seal.” Although humans are generally adapted to life on land, the author discovered that some have extra advantages in the water. The Bajau people of Indonesia, for instance, can do 10-minute free dives while hunting because their spleens are 50% larger than average. For most, though, it’s simply a matter of practice. Tsui discussed swimming with Dara Torres, who became the oldest Olympic swimmer at age 41, and swam with Kim Chambers, one of the few people to complete the daunting Oceans Seven marathon swim challenge. Drawing on personal experience, history, biology, and social science, the author conveys the appeal of “an unflinching giving-over to an element” and makes a convincing case for broader access to swimming education (372,000 people still drown annually).

An absorbing, wide-ranging story of humans’ relationship with the water.

Pub Date: April 14, 2020

ISBN: 978-1-61620-786-1

Page Count: 288

Publisher: Algonquin

Review Posted Online: Jan. 4, 2020

Kirkus Reviews Issue: Feb. 1, 2020

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