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 30, 2014

Kirkus Reviews Issue: July 15, 2014

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Not an easy read but an essential one.

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Title notwithstanding, this latest from the National Book Award–winning author is no guidebook to getting woke.

In fact, the word “woke” appears nowhere within its pages. Rather, it is a combination memoir and extension of Atlantic columnist Kendi’s towering Stamped From the Beginning (2016) that leads readers through a taxonomy of racist thought to anti-racist action. Never wavering from the thesis introduced in his previous book, that “racism is a powerful collection of racist policies that lead to racial inequity and are substantiated by racist ideas,” the author posits a seemingly simple binary: “Antiracism is a powerful collection of antiracist policies that lead to racial equity and are substantiated by antiracist ideas.” The author, founding director of American University’s Antiracist Research and Policy Center, chronicles how he grew from a childhood steeped in black liberation Christianity to his doctoral studies, identifying and dispelling the layers of racist thought under which he had operated. “Internalized racism,” he writes, “is the real Black on Black Crime.” Kendi methodically examines racism through numerous lenses: power, biology, ethnicity, body, culture, and so forth, all the way to the intersectional constructs of gender racism and queer racism (the only section of the book that feels rushed). Each chapter examines one facet of racism, the authorial camera alternately zooming in on an episode from Kendi’s life that exemplifies it—e.g., as a teen, he wore light-colored contact lenses, wanting “to be Black but…not…to look Black”—and then panning to the history that informs it (the antebellum hierarchy that valued light skin over dark). The author then reframes those received ideas with inexorable logic: “Either racist policy or Black inferiority explains why White people are wealthier, healthier, and more powerful than Black people today.” If Kendi is justifiably hard on America, he’s just as hard on himself. When he began college, “anti-Black racist ideas covered my freshman eyes like my orange contacts.” This unsparing honesty helps readers, both white and people of color, navigate this difficult intellectual territory.

Not an easy read but an essential one.

Pub Date: Aug. 13, 2019

ISBN: 978-0-525-50928-8

Page Count: 320

Publisher: One World/Random House

Review Posted Online: April 28, 2019

Kirkus Reviews Issue: May 15, 2019

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A clear and candid contribution to an essential conversation.


Straight talk to blacks and whites about the realities of racism.

In her feisty debut book, Oluo, essayist, blogger, and editor at large at the Establishment magazine, writes from the perspective of a black, queer, middle-class, college-educated woman living in a “white supremacist country.” The daughter of a white single mother, brought up in largely white Seattle, she sees race as “one of the most defining forces” in her life. Throughout the book, Oluo responds to questions that she has often been asked, and others that she wishes were asked, about racism “in our workplace, our government, our homes, and ourselves.” “Is it really about race?” she is asked by whites who insist that class is a greater source of oppression. “Is police brutality really about race?” “What is cultural appropriation?” and “What is the model minority myth?” Her sharp, no-nonsense answers include talking points for both blacks and whites. She explains, for example, “when somebody asks you to ‘check your privilege’ they are asking you to pause and consider how the advantages you’ve had in life are contributing to your opinions and actions, and how the lack of disadvantages in certain areas is keeping you from fully understanding the struggles others are facing.” She unpacks the complicated term “intersectionality”: the idea that social justice must consider “a myriad of identities—our gender, class, race, sexuality, and so much more—that inform our experiences in life.” She asks whites to realize that when people of color talk about systemic racism, “they are opening up all of that pain and fear and anger to you” and are asking that they be heard. After devoting most of the book to talking, Oluo finishes with a chapter on action and its urgency. Action includes pressing for reform in schools, unions, and local governments; boycotting businesses that exploit people of color; contributing money to social justice organizations; and, most of all, voting for candidates who make “diversity, inclusion and racial justice a priority.”

A clear and candid contribution to an essential conversation.

Pub Date: Jan. 16, 2018

ISBN: 978-1-58005-677-9

Page Count: 256

Publisher: Seal Press

Review Posted Online: Oct. 9, 2017

Kirkus Reviews Issue: Nov. 1, 2017

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