While accessible to general readers with some familiarity with leading cases and justices of the past century, this...
A novel approach to analyzing the majority and dissenting opinions of the Supreme Court.
In this slender volume, prolific legal writer Sunstein (Law/Harvard Univ.; Choosing Not to Choose: Understanding the Value of Choice, 2015, etc.) presents an original way of looking at the decisional postures of Supreme Court justices by characterizing them as assuming one of four personae. Heroes are willing to take bold action to overturn statutes and customs in response to perceived constitutional mandates. Soldiers are more deferential to the orders of the people as expressed through their elected representatives. Minimalists are open to change but prefer to accomplish it through small, incremental steps, building slowly on precedent. Mutes will use technical doctrines to avoid committing the court to any decision until public attitudes or the political process have moved the underlying issue further. No justice adopts the same persona consistently; a justice may tend to heroics in cases involving affirmative action, for example, but act as a soldier where abortion rights are at issue. While Sunstein believes that no persona is superior in all instances, he persuasively argues a preference for what he calls a "Burkean minimalist" as the persona that will most often produce sound decisions. Along the way, he includes illuminating discussions of theories of constitutional interpretation, doubts about the legitimacy of heroes invoking “abstract ideas about liberty or equality as anti-democratic swords," and clashes among the personae as revealed in the court's opinions. Carefully reasoned and clearly explained, Sunstein's approach offers a more insightful way of analyzing the positions of individual justices than resorting to simplistic ideologies or interpretive theories like "original meaning," which the author shows are of limited utility at best.
While accessible to general readers with some familiarity with leading cases and justices of the past century, this discussion will be of interest largely to law students, attorneys, and SCOTUS junkies.Pub Date: Oct. 7, 2015
ISBN: 978-0-19-022267-3
Page Count: 180
Publisher: Oxford Univ.
Review Posted Online: May 19, 2015
Kirkus Reviews Issue: June 1, 2015
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.
“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.
It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.Pub Date: Nov. 12, 2019
ISBN: 978-1-61039-950-0
Page Count: 432
Publisher: PublicAffairs
Review Posted Online: Aug. 28, 2019
Kirkus Reviews Issue: Sept. 15, 2019
SEEN & HEARD
A forceful, necessarily provocative call to action for the preservation and protection of American Jewish freedom.
Known for her often contentious perspectives, New York Times opinion writer Weiss battles societal Jewish intolerance through lucid prose and a linear playbook of remedies.
While she was vividly aware of anti-Semitism throughout her life, the reality of the problem hit home when an active shooter stormed a Pittsburgh synagogue where her family regularly met for morning services and where she became a bat mitzvah years earlier. The massacre that ensued there further spurred her outrage and passionate activism. She writes that European Jews face a three-pronged threat in contemporary society, where physical, moral, and political fears of mounting violence are putting their general safety in jeopardy. She believes that Americans live in an era when “the lunatic fringe has gone mainstream” and Jews have been forced to become “a people apart.” With palpable frustration, she adroitly assesses the origins of anti-Semitism and how its prevalence is increasing through more discreet portals such as internet self-radicalization. Furthermore, the erosion of civility and tolerance and the demonization of minorities continue via the “casual racism” of political figures like Donald Trump. Following densely political discourses on Zionism and radical Islam, the author offers a list of bullet-point solutions focused on using behavioral and personal action items—individual accountability, active involvement, building community, loving neighbors, etc.—to help stem the tide of anti-Semitism. Weiss sounds a clarion call to Jewish readers who share her growing angst as well as non-Jewish Americans who wish to arm themselves with the knowledge and intellectual tools to combat marginalization and defuse and disavow trends of dehumanizing behavior. “Call it out,” she writes. “Especially when it’s hard.” At the core of the text is the author’s concern for the health and safety of American citizens, and she encourages anyone “who loves freedom and seeks to protect it” to join with her in vigorous activism.
A forceful, necessarily provocative call to action for the preservation and protection of American Jewish freedom.Pub Date: Sept. 10, 2019
ISBN: 978-0-593-13605-8
Page Count: 224
Publisher: Crown
Review Posted Online: Aug. 22, 2019
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