Though he strives mightily to be fair, Chemerinsky’s analysis remains vulnerable to the charge he most fears: an inevitably...
The dean of the School of Law at the University of California, Irvine, places our most revered governmental institution on trial and finds it deeply flawed.
If, as Chemerinsky (The Conservative Assault on the Constitution, 2010, etc.) posits, the Supreme Court’s two most important responsibilities are to protect the rights of minorities and to uphold the Constitution against the impulse of political majorities, it has too often failed. By these terms, he makes a convincing argument. He draws on a number of crucial (and, he insists, wrongly decided) cases from all eras and across many different areas of the law to demonstrate the court’s dereliction. When it comes to race, the court has historically done more harm than good. In times of crisis—during war, in the wake of 9/11, etc.—the court has failed to restrain majorities, has allowed free speech to be trampled, and has permitted the wrongful detention, incarceration and internment of citizens. Instead of protecting employees and consumers or ensuring a path to recovery for the injured, the court has favored protecting property, freedom of contract and states’ rights. Nor does the performance of the Warren-led court, far more in keeping with Chemerinsky’s forthrightly acknowledged liberal politics, absolve the court of its many lapses. He reminds us that Warren’s tenure was brief and argues that even in the areas of its greatest successes—voting rights, school desegregation, ensuring counsel for criminal defendants—the court did much less than was necessary. Needless to say, the Roberts-led court comes in for a shellacking. Taking hope from the stirring dissents contained in most of the especially important cases he cites, Chemerinsky rejects recent scholarly calls for the abolition of judicial review and offers instead a number of reforms designed to improve the court and return it to its proper mission.
Though he strives mightily to be fair, Chemerinsky’s analysis remains vulnerable to the charge he most fears: an inevitably biased critique, amounting merely to the complaint that “the Court’s decisions have not been liberal enough.”Pub Date: Sept. 25, 2014
ISBN: 978-0-670-02642-5
Page Count: 400
Publisher: Viking
Review Posted Online: June 29, 2014
Kirkus Reviews Issue: July 15, 2014
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
Greed, depravity, and serial murder in 1920s Oklahoma.
During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.Pub Date: April 18, 2017
ISBN: 978-0-385-53424-6
Page Count: 352
Publisher: Doubleday
Review Posted Online: Feb. 1, 2017
Kirkus Reviews Issue: Feb. 15, 2017
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
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
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