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THE AUTHORITY OF THE COURT AND THE PERIL OF POLITICS

A cogent overview of the court’s crucial role, the application of which is sure to be discussed among scholars.

Why the Supreme Court deserves the public’s trust.

Based on his 2021 lecture at Harvard Law School, Supreme Court Justice Breyer offers a selected history of court cases, a defense of judicial impartiality, and recommendations for promoting the public’s respect for and acceptance of the role of the judiciary in the future. The author regrets that many Americans see the justices as “unelected political officials or ‘junior varsity’ politicians themselves, rather than jurists,” asserting that “nearly all” justices apply “the basic same interpretive tools” to decide a case: “They will consider the statute’s text, its history, relevant legal tradition, precedents, the statute’s purposes (or the values that underlie it), and the relevant consequences.” Although Breyer maintains that all try to avoid the influence of ideology or political philosophy, he acknowledges that suggesting “a total and clean divorce between the Court and politics is not quite right either,” since a justice’s background, education, and experiences surely affect their views, especially when considering the consequences of a decision. The judicial process, Breyer explains, begins as a conference held once or twice each week where substantive discussion leads to preliminary conclusions. Sometimes, in order to find a majority, the court will take a minimalist perspective, allowing those who differ “on the broader legal questions to come together in answering narrower ones.” Noting that, in 2016, only 1 in 4 Americans could name the three branches of federal government, Breyer suggests a revival of civics education in schools so that students can learn how government works and what the rule of law is. He believes that confidence in government will result from citizens’ participation in public life: by voting, taking part in local governance such as school boards, and resolving their differences through argument, debate, cooperation, and compromise, all of which are “the embodiment of the democratic ideal.”

A cogent overview of the court’s crucial role, the application of which is sure to be discussed among scholars.

Pub Date: Sept. 7, 2021

ISBN: 978-0-674-26936-1

Page Count: 104

Publisher: Harvard Univ.

Review Posted Online: June 23, 2021

Kirkus Reviews Issue: July 15, 2021

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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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  • Kirkus Reviews'
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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 Yorker staff 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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TOMBSTONE

THE EARP BROTHERS, DOC HOLLIDAY, AND THE VENDETTA RIDE FROM HELL

Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

Rootin’-tootin’ history of the dry-gulchers, horn-swogglers, and outright killers who populated the Wild West’s wildest city in the late 19th century.

The stories of Wyatt Earp and company, the shootout at the O.K. Corral, and Geronimo and the Apache Wars are all well known. Clavin, who has written books on Dodge City and Wild Bill Hickok, delivers a solid narrative that usefully links significant events—making allies of white enemies, for instance, in facing down the Apache threat, rustling from Mexico, and other ethnically charged circumstances. The author is a touch revisionist, in the modern fashion, in noting that the Earps and Clantons weren’t as bloodthirsty as popular culture has made them out to be. For example, Wyatt and Bat Masterson “took the ‘peace’ in peace officer literally and knew that the way to tame the notorious town was not to outkill the bad guys but to intimidate them, sometimes with the help of a gun barrel to the skull.” Indeed, while some of the Clantons and some of the Earps died violently, most—Wyatt, Bat, Doc Holliday—died of cancer and other ailments, if only a few of old age. Clavin complicates the story by reminding readers that the Earps weren’t really the law in Tombstone and sometimes fell on the other side of the line and that the ordinary citizens of Tombstone and other famed Western venues valued order and peace and weren’t particularly keen on gunfighters and their mischief. Still, updating the old notion that the Earp myth is the American Iliad, the author is at his best when he delineates those fraught spasms of violence. “It is never a good sign for law-abiding citizens,” he writes at one high point, “to see Johnny Ringo rush into town, both him and his horse all in a lather.” Indeed not, even if Ringo wound up killing himself and law-abiding Tombstone faded into obscurity when the silver played out.

Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

Pub Date: April 21, 2020

ISBN: 978-1-250-21458-4

Page Count: 400

Publisher: St. Martin's

Review Posted Online: Jan. 19, 2020

Kirkus Reviews Issue: Feb. 15, 2020

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