A thoughtful but ultimately unpersuasive attack on recent Supreme Court decisions. In The Politics of Law (1982), Kairys (Law/Temple University) argued that ``law is simply politics by other means.'' Similarly, he now debunks the idea that the rule of law has any rational basis other than the disparate political and cultural views of judges who make legal decisions. Kairys argues that for both liberal and conservative judges, ``loyalty to supposed legal principles—both substantive principles and principles of decision making—is selective, value-laden, and result-oriented.'' Although this disturbing conclusion appears overstated—while politics informs law, and decisional law is sometimes inconsistent, many would argue that legal rules have some objective basis—it lies at the heart of the author's analysis of the Supreme Court's decisions on the First Amendment, privacy, due process, and equal protection. Kairys rightly points out that the current Supreme Court is very much an activist court, seeking to limit access to federal courts and to curtail substantive rights. He also adroitly skewers the many internal inconsistencies, tortured misreadings of statutes and precedents, and even logical absurdities underlying recent Supreme Court decisions. The difficulty with his argument is that once he's postulated that legal reasoning is merely a value-laden rationalization for preconceived results, he loses any principled basis on which to criticize the reasoning of decisions that he disagrees with, except to point out that he has different values. Kairys doesn't so much argue as make a series of conclusive statements, some persuasive but most not. As he candidly admits, ``my analysis provides no more a determinate set of rules than the formulations that I have criticized.'' Kairys's anarchic vision of judicial decision-making is troubling, but he's on target in pointing out the Supreme Court's apparent agenda and its effect on recent decisions.
Pub Date: May 31, 1993
ISBN: 1-56584-071-2
Page Count: 256
Publisher: The New Press
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: April 1, 1993
BOOK REVIEW
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
A heartfelt if somewhat unsurprising view of old age by the former president. Carter (Living Faith, 1996, etc.) succinctly evaluates the evolution and current status of federal policies concerning the elderly (including a balanced appraisal of the difficulties facing the Social Security system). He also meditates, while drawing heavily on autobiographical anecdotes, on the possibilities for exploration and intellectual and spiritual growth in old age. There are few lightning bolts to dazzle in his prescriptions (cultivate family ties; pursue the restorative pleasures of hobbies and socially minded activities). Yet the warmth and frankness of Carter’s remarks prove disarming. Given its brevity, the work is more of a call to senior citizens to reconsider how best to live life than it is a guide to any of the details involved.
Pub Date: Oct. 26, 1998
ISBN: 0-345-42592-8
Page Count: 96
Publisher: Ballantine
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: Sept. 15, 1998
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