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AMERICAN CONTAGIONS

EPIDEMICS AND THE LAW FROM SMALLPOX TO COVID-19

Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource.

Don’t want to wear a virus-blocking mask? Well, neither did some people a century ago—and the law caught up with them, too.

In a book that’s both timely, considering the pandemic, and remarkably speedy, considering that it began as a spring 2020 Yale Law School class, Bancroft Prize winner Witt looks at the sometimes contending, sometimes cooperating forces of public interest and private liberty in times of epidemic disease. “New germs help make new laws and institutions,” he writes, “yet old ways of doing things shape the course of epidemics and the ways in which we respond to them.” In the earliest years of the republic as now, he observes, there have been two major branches of disease control: the sanitarian and the quarantinist. Then as now, the sanitarian—wear a mask, practice social distancing—has been reserved for the better off, while quarantines have been brought to bear on immigrant and minority populations. So it is that the White House argues with increased urgency for a wall to block putatively disease-bearing border crossers, and so it is that the earliest colonial inhabitants of the Hamptons ordered that “no Indian shall come to towne…until they be free of the small poxe.” Whether Chinese worker, Jewish immigrant, or Irish tenement dweller, quarantinist measures of control applied to the Other, who often could not obey laws imposed by the landed majority, such as having dining and toilet facilities far apart. Witt documents how the federal government has consistently punted health regulations to the states, with results ranging from Michigan’s banning anyone with a venereal disease from marrying to “Typhoid Mary” Mallon’s serving 23 years in involuntary isolation, “never having been convicted of or even charged with a crime.” No matter which regime is followed, writes the author, the current pandemic violates the doctrine that public health is paramount.

Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource.

Pub Date: Oct. 27, 2020

ISBN: 978-0-300-25727-4

Page Count: 180

Publisher: Yale Univ.

Review Posted Online: Aug. 17, 2020

Kirkus Reviews Issue: Sept. 1, 2020

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KILLERS OF THE FLOWER MOON

THE OSAGE MURDERS AND THE BIRTH OF THE FBI

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

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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

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THE GREATEST SENTENCE EVER WRITTEN

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

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Words that made a nation.

Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

Pub Date: Nov. 18, 2025

ISBN: 9781982181314

Page Count: 80

Publisher: Simon & Schuster

Review Posted Online: Aug. 29, 2025

Kirkus Reviews Issue: Oct. 1, 2025

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