One of the most significant works about constitutional interpretation in recent years.
An incisive rethinking of the U.S. Constitution.
Sunstein, the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School, begins by pointing out the irrefutable fact that “the Constitution does not contain the instructions for its own interpretation.” Thus, “no approach to constitutional interpretation is required or self-justifying.” On those grounds, he briskly swats away every jurisprudentially, philosophically, and historically justified interpretive scheme—“anti-originalist” as well as “originalist,” of the left as well as the right—that has been advanced since the 19th century. All schools and schemes of interpretation fall before his generous-spirited ax strokes. In their place, he argues, there can be only one acceptable, humane approach to judicial interpretation: the search among jurists for a “ ‘reflective equilibrum’ in which [jurists’] judgments, at multiple levels of generality, are brought into alignment with each other” in order to achieve the most democratically acceptable and fairest outcome achievable at the time. “There is no alternative to the search for reflective equilibrium,” writes the author, because “no theory makes sense for every imaginable world.” Though disarmingly and intentionally “simple and straightforward,” as well as open-hearted, common-sensical, and succinct, Sunstein’s text, given its grave and demanding subject, requires readers’ attentiveness. Despite the author’s fair-mindedness, it’s clear that his main targets are the originalist and traditionalist arguments that have recently captured the radical right and are overturning decades of settled constitutional law. Is Sunstein’s interpretive scheme strong enough to halt the further advance of originalist and traditionalist thinking on the Supreme Court? Probably not. But it’s a brave, muscular, and compelling roadblock now standing in the way of originalist ideologues. This book should be in the hands of every law student, constitutional lawyer, judge, and Supreme Court justice.
One of the most significant works about constitutional interpretation in recent years.Pub Date: Aug. 15, 2023
ISBN: 9780691252049
Page Count: 208
Publisher: Princeton Univ.
Review Posted Online: April 3, 2023
Kirkus Reviews Issue: May 1, 2023
A clearly delineated guide to finally eradicate poverty in America.
A thoughtful program for eradicating poverty from the Pulitzer Prize–winning author of Evicted.
“America’s poverty is not for lack of resources,” writes Desmond. “We lack something else.” That something else is compassion, in part, but it’s also the lack of a social system that insists that everyone pull their weight—and that includes the corporations and wealthy individuals who, the IRS estimates, get away without paying upward of $1 trillion per year. Desmond, who grew up in modest circumstances and suffered poverty in young adulthood, points to the deleterious effects of being poor—among countless others, the precarity of health care and housing (with no meaningful controls on rent), lack of transportation, the constant threat of losing one’s job due to illness, and the need to care for dependent children. It does not help, Desmond adds, that so few working people are represented by unions or that Black Americans, even those who have followed the “three rules” (graduate from high school, get a full-time job, wait until marriage to have children), are far likelier to be poor than their White compatriots. Furthermore, so many full-time jobs are being recast as contracted, fire-at-will gigs, “not a break from the norm as much as an extension of it, a continuation of corporations finding new ways to limit their obligations to workers.” By Desmond’s reckoning, besides amending these conditions, it would not take a miracle to eliminate poverty: about $177 billion, which would help end hunger and homelessness and “make immense headway in driving down the many agonizing correlates of poverty, like violence, sickness, and despair.” These are matters requiring systemic reform, which will in turn require Americans to elect officials who will enact that reform. And all of us, the author urges, must become “poverty abolitionists…refusing to live as unwitting enemies of the poor.” Fortune 500 CEOs won’t like Desmond’s message for rewriting the social contract—which is precisely the point.
A clearly delineated guide to finally eradicate poverty in America.Pub Date: March 21, 2023
ISBN: 9780593239919
Page Count: 288
Publisher: Crown
Review Posted Online: Nov. 30, 2022
Kirkus Reviews Issue: Jan. 1, 2023
BOOK REVIEW
PERSPECTIVES
PERSPECTIVES
SEEN & HEARD
A fierce, penetrating, and empowering call for change.
Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.
The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.
A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)Pub Date: June 2, 2020
ISBN: 978-0-593-09465-5
Page Count: 64
Publisher: Penguin Workshop
Review Posted Online: March 14, 2020
Kirkus Reviews Issue: April 1, 2020
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