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JUDICIOUS CHOICES

THE NEW POLITICS OF SUPREME COURT CONFIRMATIONS

A neat but overbroad analysis of the current state of Supreme Court confirmation proceedings. Since 1968, when the nomination of Abe Fortas to replace Earl Warren as chief justice was shot down by maverick Republican senators defying a politically impotent LBJ, the confirmation process has become ``disorderly, contentious and unpredictable. In short...thoroughly democratic,'' writes Silverstein (Political Science/Boston Univ.). What made '68 such a turning point in judicial history? A number of factors, which the author untangles with the self-assurance of a skilled classroom lecturer. He argues that in the decade before the Fortas nomination, the Warren Court had jettisoned the jurisprudence of restraint, reinventing the federal judiciary as a haven for ethnic and religious minorities seeking novel forms of relief. This heightened judicial activism lured more politically powerful, upper-middle-class groups (such as consumer advocates and conservationists) into federal courtrooms throughout the US. By 1968, the political winds had shifted, a new breed of senators had assumed power, and Richard Nixon's law-and- order regime was dawning. But the politically potent upper middle class was prepared to lobby against any anti-activist Supreme Court nominee who threatened its access to the courts. Silverstein's depiction of confrontational confirmations as a by-product of judicial activism is suggestive, but he tends to downplay factors that don't fit perfectly into this theory—he covers the Clarence Thomas confirmation hearings, for example, as if they were nothing but a debate over the separation of powers. And his argument that the modern confirmation process has resulted in uninspiring ``stealth'' nominees such as David Souter and Anthony Kennedy completely fails to explain how a controversial, well-known nominee such as Antonin Scalia can have, in the author's own words, ``sailed through'' the process. Silverstein articulately presents a provocative theory but stretches it beyond its limits.

Pub Date: Oct. 1, 1994

ISBN: 0-393-03692-8

Page Count: 172

Publisher: Norton

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 15, 1994

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GOOD ECONOMICS FOR HARD TIMES

Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.

“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.

It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.

Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.

Pub Date: Nov. 12, 2019

ISBN: 978-1-61039-950-0

Page Count: 432

Publisher: PublicAffairs

Review Posted Online: Aug. 28, 2019

Kirkus Reviews Issue: Sept. 15, 2019

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HOW TO FIGHT ANTI-SEMITISM

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

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