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OUT OF ORDER

STORIES FROM THE HISTORY OF THE SUPREME COURT

For the time being, a well-considered, lively survey of what the Supreme Court does, how it’s constituted and, bonus round,...

Here comes the judge—and she has stories to tell.

O’Connor (The Majesty of the Law, 2003, etc.), the first woman to serve as a justice on the Supreme Court—though, she hastens to add, not the first woman to hold a post of importance in that highest judiciary in the land—has been retired for half a decade, but still she is asked what being a justice is like. And, of course, she’s heavily involved in civic education, educating Americans about what being American is about. The result is this lightly told but deeply thought-through history of the court, part of “a government that develops and evolves, that grows and changes, over time.” Her case studies are many, including Marbury v. Madison, which articulated some of that evolution and established the court’s authority as the final arbiter of the constitutionality of legislation, and some of Daniel Webster’s greatest hits—for, she reminds us, Webster argued some 200 cases before the court, “known for his ability to marshal precedents and historical evidence with skill.” Apart from the most significant cases, such as Brown v. Board of Education, O’Connor examines just a few minor cases and then mostly to illustrate points about the humanity of the court—Scalia is a funny guy, Rehnquist was a card, etc. She is candid, opinionated and even entertaining throughout, though we wait breathlessly for the fly-on-the-wall story of how the Supreme Court decided to give George W. Bush the presidency.

For the time being, a well-considered, lively survey of what the Supreme Court does, how it’s constituted and, bonus round, how to argue before it.

Pub Date: March 5, 2013

ISBN: 978-0-8129-9392-9

Page Count: 256

Publisher: Random House

Review Posted Online: Feb. 7, 2013

Kirkus Reviews Issue: March 1, 2013

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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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