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COURTING JUSTICE

GAY MEN AND LESBIANS V. THE SUPREME COURT

A telling story of justice’s grinding wheels, and a crackerjack resource volume on gay legal history. (8 pp. photos, not...

The unsettled legalities of gay rights—seen through the lens of Supreme Court decisions—are fully and fascinatingly explored by Detroit News journalists Murdoch and Price (And Say Hi to Joyce, 1995).

As Murdoch and Price make amply clear, the Supreme Court has “determined not to be an engine driving social change in the area of gay rights.” While the authors appreciate that the judiciary is a deliberative (rather than executive) body, they fault it nevertheless for having “been a drag on the nation, holding back the pace of progress toward the full acceptance of gay people.” The court is notoriously secretive, so Murdoch and Price pulled together their materials from the National Archives, newspapers, justices’ papers, and (perhaps most significantly) interviews with the principals and the justices’ clerks. Starting with the court’s decision in favor of One, The Homosexual Magazine in 1958, and continuing through the ruling that upheld the dismissal of a gay scoutmaster in 2000, Murdoch and Price explain the constitutional issues involved—from freedom and fairness to privacy and free speech and due process. In the process they provide a primer on the ways of the Supreme Court—its curious isolation from the involved parties and each justice’s isolation from all the others—and sketch the personalities of William O. Douglas, John Paul Stevens, William J. Brennan, and many others. They include Brennan’s dissenting opinion in a case involving the dismissal of a bisexual schoolteacher, Kameny’s 1960 formulation of “an equal-rights position that would provide much of the intellectual underpinnings for what would be known as the gay-rights movement,” and an examination of sodomy law and its infringement “on the right of privacy and free association.” Among the historical tidbits included is a 1950s New York Times headline: “Perverts Called Government Peril.”

A telling story of justice’s grinding wheels, and a crackerjack resource volume on gay legal history. (8 pp. photos, not seen)

Pub Date: June 1, 2001

ISBN: 0-465-01513-1

Page Count: 592

Publisher: Basic Books

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: April 15, 2001

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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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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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