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THE AFFIRMATIVE ACTION PUZZLE

A LIVING HISTORY FROM RECONSTRUCTION TO TODAY

A must-read for anyone interested in the history of affirmative action and its associated legal conundrums.

Can equality be legislated? So asks this thoroughgoing examination of legal efforts to rectify racial injustice through affirmative action.

Many discussions of affirmative action have been derailed through simple confusion of terms, writes Urofsky (Emeritus, History/Virginia Commonwealth Univ.; Dissent and the Supreme Court: Its Role in the Court’s History and the Nation’s Constitutional Dialogue, 2015). There’s “soft” affirmative action, which encourages equality by way of what amounts to goodwill, and then “hard” affirmative action, which imposes equality by way of quotas and makes it a zero-sum game. In the instance of hard affirmative action, he writes, consider what might happen if Jews were limited entrance by quota into certain professions even as, because of educational success, they lead in several areas of law, medicine, and the like. It’s for that reason that when, in 1970, the federal Equal Economic Opportunity Commission began pushing for hard, quota-based reforms, “every single national Jewish organization protested.” Urofsky’s comprehensive survey examines early efforts at affirmative action, a phrase that appears for the first time in the 1935 Wagner Act but some of whose outlines were in place in the Reconstruction era and during World War I, when women workers replaced men in factories. Urofsky notes that while the literature has emphasized the African American experience, affirmative action has extended to include other groups and has occasioned enough controversy in most instances to lend credence to Justice Harry Blackmun’s observation that “in order to get past race and gender, we have to take race and gender into account.” The author doesn’t stake an advocacy position, for the most part, except to note that in the strictest terms, hard/quota affirmative action is a violation of Title VII and “of the constitutional order, namely, that rights are individual.” He also observes that in recent quota decisions affecting, for instance, the admission of Asian Americans into elite universities, limiting their number has had the unintended consequence of benefiting white males who otherwise might not have made the cut.

A must-read for anyone interested in the history of affirmative action and its associated legal conundrums.

Pub Date: Jan. 28, 2020

ISBN: 978-1-10-187087-7

Page Count: 592

Publisher: Pantheon

Review Posted Online: Oct. 13, 2019

Kirkus Reviews Issue: Nov. 1, 2019

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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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WHEN BREATH BECOMES AIR

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...

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A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.

Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.

Pub Date: Jan. 19, 2016

ISBN: 978-0-8129-8840-6

Page Count: 248

Publisher: Random House

Review Posted Online: Sept. 29, 2015

Kirkus Reviews Issue: Oct. 15, 2015

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