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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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ABUNDANCE

Cogent, well-timed ideas for meeting today’s biggest challenges.

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Helping liberals get out of their own way.

Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.

Cogent, well-timed ideas for meeting today’s biggest challenges.

Pub Date: March 18, 2025

ISBN: 9781668023488

Page Count: 320

Publisher: Avid Reader Press

Review Posted Online: Jan. 16, 2025

Kirkus Reviews Issue: Feb. 15, 2025

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