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WHY THE INNOCENT PLEAD GUILTY AND THE GUILTY GO FREE

AND OTHER PARADOXES OF OUR BROKEN LEGAL SYSTEM

Not every citizen will read this book, but we’d be better off if a good many did.

A veteran of the bench hands down sobering judgments about the U.S. judicial system.

We want to think that when we have our day in court, justice will be served. In this debut collection of essays, Rakoff, drawing on two-plus decades of experience as a federal judge, suggests otherwise, describing a system “beset by hypocritical pretentions, conundrums, paradoxes, and shortcomings.” Our courts, he argues, function differently than how the Founding Fathers intended, contrary to what is portrayed in the media and in opposition to the notions of most Americans. The author comes at his topic from varying angles, arguing that eyewitness testimony is dubious; the death penalty is far from error-free (and more expensive than incarceration); and the amazing forensics portrayed on TV shows are not necessarily based on reliable science. Saliently, he also shows that many accused enter into pleas in which prosecutors hold all the cards, and a compelling minihistory of Chief Justice John Marshall illustrates how his court set the standard for a judicial system “more deferential to the executive branch…than to the legislative branch,” the echoes of which are heard today. Some of these pieces began as articles in the New York Review of Books and remain in that style. Although Rakoff sometimes uses unnecessarily dense language—e.g., “the future deterrent value of successfully prosecuting individuals far outweighs the prophylactic benefits of imposing compliance measures that are often little more than window-dressing”—a law degree is not required to follow the narrative, which never slips into screed. As the author makes clear, our justice system affects all of us. We pay dearly—financially and otherwise—when people are imprisoned falsely or for longer than they should be. In addition to laying out the flaws, Rakoff offers practical solutions. Even if you do not agree with his answers, it’s hard to refute his case that we have serious problems that deserve attention.

Not every citizen will read this book, but we’d be better off if a good many did.

Pub Date: Feb. 16, 2021

ISBN: 978-0-374-28999-7

Page Count: 208

Publisher: Farrar, Straus and Giroux

Review Posted Online: Nov. 2, 2020

Kirkus Reviews Issue: Dec. 1, 2020

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FOOTBALL

A smart, rewarding consideration of football’s popularity—and eventual downfall.

A wide-ranging writer on his football fixation.

Is our biggest spectator sport “a practical means for understanding American life”? Klosterman thinks so, backing it up with funny, thought-provoking essays about TV coverage, ethical quandaries, and the rules themselves. Yet those who believe it’s a brutal relic of a less enlightened era need only wait, “because football is doomed.” Marshalling his customary blend of learned and low-culture references—Noam Chomsky, meet AC/DC—Klosterman offers an “expository obituary” of a game whose current “monocultural grip” will baffle future generations. He forecasts that economic and social forces—the NFL’s “cultivation of revenue,” changes in advertising, et al.—will end its cultural centrality. It’s hard to imagine a time when “football stops and no one cares,” but Klosterman cites an instructive precedent. Horse racing was broadly popular a century ago, when horses were more common in daily life. But that’s no longer true, and fandom has plummeted. With youth participation on a similar trajectory, Klosterman foresees a time when fewer people have a personal connection to football, rendering it a “niche” pursuit. Until then, the sport gives us much to consider, with Klosterman as our well-informed guide. Basketball is more “elegant,” but “football is the best television product ever,” its breaks between plays—“the intensity and the nothingness,” à la Sartre—provide thrills and space for reflection or conversation. For its part, the increasing “intellectual density” of the game, particularly for quarterbacks, mirrors a broader culture marked by an “ongoing escalation of corporate and technological control.” Klosterman also has compelling, counterintuitive takes on football gambling, GOAT debates, and how one major college football coach reminds him of “Laura Ingalls Wilder’s much‑loved Little House novels.” A beloved sport’s eventual death spiral has seldom been so entertaining.

A smart, rewarding consideration of football’s popularity—and eventual downfall.

Pub Date: Jan. 20, 2026

ISBN: 9780593490648

Page Count: 304

Publisher: Penguin Press

Review Posted Online: Oct. 24, 2025

Kirkus Reviews Issue: Dec. 1, 2025

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A PEOPLE'S HISTORY OF THE UNITED STATES

For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.

Pub Date: Jan. 1, 1979

ISBN: 0061965588

Page Count: 772

Publisher: Harper & Row

Review Posted Online: May 26, 2012

Kirkus Reviews Issue: Jan. 1, 1979

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