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
A smart, rewarding consideration of football’s popularity—and eventual downfall.
A wide-ranging writer on his football fixation.
Is our biggest spectator sport “a practical means for understanding American life”? Klosterman thinks so, backing it up with funny, thought-provoking essays about TV coverage, ethical quandaries, and the rules themselves. Yet those who believe it’s a brutal relic of a less enlightened era need only wait, “because football is doomed.” Marshalling his customary blend of learned and low-culture references—Noam Chomsky, meet AC/DC—Klosterman offers an “expository obituary” of a game whose current “monocultural grip” will baffle future generations. He forecasts that economic and social forces—the NFL’s “cultivation of revenue,” changes in advertising, et al.—will end its cultural centrality. It’s hard to imagine a time when “football stops and no one cares,” but Klosterman cites an instructive precedent. Horse racing was broadly popular a century ago, when horses were more common in daily life. But that’s no longer true, and fandom has plummeted. With youth participation on a similar trajectory, Klosterman foresees a time when fewer people have a personal connection to football, rendering it a “niche” pursuit. Until then, the sport gives us much to consider, with Klosterman as our well-informed guide. Basketball is more “elegant,” but “football is the best television product ever,” its breaks between plays—“the intensity and the nothingness,” à la Sartre—provide thrills and space for reflection or conversation. For its part, the increasing “intellectual density” of the game, particularly for quarterbacks, mirrors a broader culture marked by an “ongoing escalation of corporate and technological control.” Klosterman also has compelling, counterintuitive takes on football gambling, GOAT debates, and how one major college football coach reminds him of “Laura Ingalls Wilder’s much‑loved Little House novels.” A beloved sport’s eventual death spiral has seldom been so entertaining.
A smart, rewarding consideration of football’s popularity—and eventual downfall.Pub Date: Jan. 20, 2026
ISBN: 9780593490648
Page Count: 304
Publisher: Penguin Press
Review Posted Online: Oct. 24, 2025
Kirkus Reviews Issue: Dec. 1, 2025
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
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