An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and...
Explaining why Justice John Roberts' surprising support for the Affordable Care Act remains within the bounds of conservative jurisprudence is the takeoff point for Reason senior editor Root in this exploration of how a 150-year-old political and legal conflict has shaped the country.
Where American political life can be divided between progressives and conservatives, the Supreme Court also polarizes around judicial activism versus restraint. As Root notes, one generation's activists often become the next generation's conservatives. Felix Frankfurter, a Franklin Roosevelt appointee to the bench in the 1930s, supported the New Deal, but in a 1962 case, Frankfurter opposed extending the protection of law to voters in a Tennessee voting rights case. Robert Bork, appointed by Ronald Reagan and an idol of conservatives, switched from youthful activism in support of the right to contraception to later restraint on the abortion issue. Seemingly opposites, the older Frankfurter and Bork shared judicial views first systematized by early-20th-century judge Oliver Wendell Holmes. For Holmes, the Supreme Court had no business getting involved in political cases that should be left to the responsibility of legislative majorities and the voters who elect them. As Holmes famously remarked in a letter to a friend in 1920, “If my fellow citizens want to go to Hell I will help them. It's my job.” Damon documents how judicial restraint reduced the 14th Amendment's intended protections of citizens' “immunities and privileges” to a matter of contracts. The author also reviews conservative and libertarian efforts on the legal front since the 1980s and provides kudos to the Cato Institute and Institute for Justice for changing the legal agenda. In the last chapter, “Obamacare on Trial,” Root follows that contentious battle and unpacks Roberts’ surprising conclusions.
An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues.Pub Date: Nov. 4, 2014
ISBN: 978-1137279231
Page Count: 288
Publisher: Palgrave Macmillan
Review Posted Online: Sept. 30, 2014
Kirkus Reviews Issue: Oct. 15, 2014
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
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
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
PERSPECTIVES
© Copyright 2025 Kirkus Media LLC. All Rights Reserved.
Follow
Popular in this Genre
We can’t wait for you to join Kirkus!
It’s free and takes less than 10 seconds!
Already have an account? Log in.
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
Welcome Back!
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
