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THE BURGER COURT AND THE RISE OF THE JUDICIAL RIGHT

Two powerhouse law historians/journalists deliver a major contribution to the history of the Supreme Court.

Two scholars, each distinguished in his or her respective fields, challenge received orthodoxies about the Burger Supreme Court while detailing how earlier breakthroughs in civil rights and criminal law were reversed or hollowed out.

Graetz (Columbia Law School; The End of Energy: The Unmaking of America's Environment, Security and Independence, 2011, etc.) and Pulitzer Prize–winning former New York Times Supreme Court journalist Greenhouse (Yale Law School; The Supreme Court: A Very Short Introduction, 2012, etc.) break new ground in this study of the Supreme Court. What Chief Justice Warren Burger's (1907-1995) court actually did has been minimized over the years since he retired, and his years of service have been characterized as ones in which “nothing much happened.” On the contrary, in this groundbreaking study, the authors establish beyond a doubt that Burger's court gutted the most significant rulings of the previous court. Graetz and Greenhouse proceed by subject area, following the court across the years, as the cumulative body of its decisions reversed many of the major accomplishments of its predecessors. The rights of criminal suspects or defendants were undermined. School integration was transformed into economic segregation, resulting in the reconstruction of barriers between races by restricting funding to each separate district. By insisting that prior intent to discriminate be proven before its effects could be considered, the court also undermined certain civil rights achievements. Free speech protections were transformed by the court's perverse use of the power to expand rights of business speech (advertising) and earlier nonexistent freedoms of corporations. Like all human agencies, the court was fallible, misjudging both the contemporary importance of some cases and the future effects of others. Nonetheless, the authors relentlessly demonstrate, it accomplished the reversals it set out to achieve.

Two powerhouse law historians/journalists deliver a major contribution to the history of the Supreme Court.

Pub Date: June 7, 2016

ISBN: 978-1-4767-3250-3

Page Count: 512

Publisher: Simon & Schuster

Review Posted Online: April 10, 2016

Kirkus Reviews Issue: May 1, 2016

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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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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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