Recommended particularly for attorneys and other legal professionals who can appreciate, analyze, and critique the author's...
An influential legal commentator grapples with the jurisprudential legacy of Antonin Scalia (1936-2016).
During his lengthy tenure on the Supreme Court, Scalia promoted two approaches to interpreting statutes and the Constitution, textualism and originalism, with the aim of limiting what he saw as unprincipled judicial activism through the use of more objective analytical methods. Hasen (Law and Political Science/Univ. of California, Irvine; Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections, 2016, etc.) argues that while Scalia was very successful in promoting both approaches in courts and law schools, neither provide the benefits Scalia claimed for them and Scalia himself was inconsistent in their use. "Scalia tried to have it both ways,” writes the author, “by describing himself as bound by strong neutral principles, and then bending those principles to adhere to other principles, such as ideology or respect for precedent." Hasen effectively supports his critique with incisive analysis of pertinent cases and legal commentary, clearly explaining the fundamental theoretical and practical weaknesses of these methodologies. While Scalia could be charming in person, his legal writing was notorious for an overbearing and sarcastic attitude, especially in dissent. His slashing prose style certainly called attention to his views, but Hasen contends that by attacking other justices personally and questioning their intelligence and motivations, he contributed to a coarsening of legal discourse and unnecessarily "took aim at the legitimacy of the Supreme Court's decisionmaking," all to the court's detriment. In later chapters, the author addresses Scalia's approach to cases involving such politically controversial topics as affirmative action and campaign financing, and here his arguments are on shakier ground. Hasen seems to disapprove of the jurisprudence of this conservative justice on largely ideological grounds, and his discussion of these topics frequently swerves from careful analysis to partisan advocacy.
Recommended particularly for attorneys and other legal professionals who can appreciate, analyze, and critique the author's viewpoint for themselves.Pub Date: March 20, 2018
ISBN: 978-0-300-22864-9
Page Count: 248
Publisher: Yale Univ.
Review Posted Online: Jan. 7, 2018
Kirkus Reviews Issue: Feb. 1, 2018
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
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
PERSPECTIVES
This autobiography might almost be said to supply the roots to Wright's famous novel, Native Son.
It is a grim record, disturbing, the story of how — in one boy's life — the seeds of hate and distrust and race riots were planted. Wright was born to poverty and hardship in the deep south; his father deserted his mother, and circumstances and illness drove the little family from place to place, from degradation to degradation. And always, there was the thread of fear and hate and suspicion and discrimination — of white set against black — of black set against Jew — of intolerance. Driven to deceit, to dishonesty, ambition thwarted, motives impugned, Wright struggled against the tide, put by a tiny sum to move on, finally got to Chicago, and there — still against odds — pulled himself up, acquired some education through reading, allied himself with the Communists — only to be thrust out for non-conformity — and wrote continually. The whole tragedy of a race seems dramatized in this record; it is virtually unrelieved by any vestige of human tenderness, or humor; there are no bright spots. And yet it rings true. It is an unfinished story of a problem that has still to be met.
Perhaps this will force home unpalatable facts of a submerged minority, a problem far from being faced.
Pub Date: Feb. 28, 1945
ISBN: 0061130249
Page Count: 450
Publisher: N/A
Review Posted Online: Oct. 7, 2011
Kirkus Reviews Issue: Feb. 1, 1945
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