Meditations of a Militant Moderate: Cool Views on Hot Topics

by Peter H. Schuck

Overview

Vital center. Radical middle. Amid the red state/blue state divide, is there now space for an iconoclastic militant moderate? In this unusual and remarkably readable collection of short essays on a wide variety of hot-button public issues—race, affirmative action, surrogate motherhood, diversity, immigration, compensation of 9/11 victims, exclusion of gays from the Boy Scouts and the military, the 2004 election, the rule of law in developing countries, the invasion of Iraq, and many more—Yale Law School professor Peter H. Schuck reveals the distinctive sensibility and policy orientation of a militant moderate: pragmatic, reformist, nonideological, empirically minded, and skeptical of many liberal and conservative pieties.

Product Details

ISBN-13:	9780742539617
Publisher:	Bloomsbury Academic
Publication date:	08/25/2005
Pages:	248
Product dimensions:	6.00(w) x 9.00(h) x 0.56(d)

About the Author

Peter H. Schuck is Simeon E. Baldwin Professor of Law at Yale Law School.

Table of Contents

Chapter 1 Preface: What Is a Militant Moderate?
Part 2 Part I: Civil Rights and Wrongs
Chapter 3 Affirmative Action I: Don't Mend It or End It—Bend It
Chapter 4 Affirmative Action II: The Supreme Court Botches the Job
Chapter 5 Affirmative Action III: Racial Preferences in Supreme Court Nominations
Chapter 6 Groups and Equal Protection: The Flawed Theory of Owen Fiss
Chapter 7 Race Matters: The Incoherence of Cornel West
Chapter 8 Slavery Reparations: A Misguided Movement
Chapter 9 Housing Integration: Use Vouchers, Not Courts
Part 10 Part II: The Culture Wars
Chapter 11 The Pledge of Allegiance: A Noncoercive Endorsement of Religion
Chapter 12 School Vouchers: A Compelling Case for Choice
Chapter 13 Military Recruitment on Campus: The Solomon Amendment
Chapter 14 Expressive Groups: Political Parties and Gays in the Boy Scouts
Chapter 15 Professors and Profession: An Odd Couple
Chapter 16 Tax Day: Deficit Reduction Made Easy
Part 17 Part III: The Rule of Law
Chapter 18 Class Actions: Analyzing the Issues
Chapter 19 Punitive Damages: Lawless (In)justice
Chapter 20 Lying: Law's Ambivalence
Chapter 21 Civil Juries: Here to Stay
Chapter 22 Impact Litigation: Courts and Institutional Reform
Chapter 23 Gun Control: Keeping Tort Law in Its Place
Chapter 24 Tort Reform: A Mixed Bag
Chapter 25 Surrogate Motherhood: Reflections on Baby M
Part 26 Part IV: Dealing with Terrorism and Victims
Chapter 27 Preemptive Strikes: Revising the UN Charter
Chapter 28 Profiling: The Uses of Stereotypes
Chapter 29 Compensating Victims: Some Hard Questions
Chapter 30 The 9/11 Compensation Fund: A Bad Precedent
Chapter 31 Adjudicating Terrorism: A Hybrid Model Court
Part 32 Part V: A Nation of Immigrants
Chapter 33 Immigration, Diversity, and Nationhood: The Formula Still Works
Chapter 34 Refugees: Protecting More by Sharing the Burden
Chapter 35 Reforming the 1996 Immigration Reform: Advice to President Bush
Chapter 36 Citizenship after 9/11: Continuity and Change
Chapter 37 Immigrant Voting: Wrong Response to a Genuine Need
Part 38 Part VI: Developing Giants
Chapter 39 China: Forward and Backward
Chapter 40 India: What the Raj Wrought
Part 41 Part VII: The Future of Liberalism
Chapter 42 Rethinking Liberalism: A Paradox Unresolved
Chapter 43 Diversity: Society's Teacher
Chapter 44 Punctilios for a Diverse Society: Candor and Thicker Skins
Chapter 45 The 2004 Elections: A Militant Moderate's Interpretation

What People are Saying About This

Joseph I. Lieberman

Peter Schuck's book is a provocative read in the best sense of the phrase—it provokes thinking. Schuck looks at contemporary issues in a way that should make people of all political beliefs want to look at those issues again.

Editorial Reviews

Peter Schuck's book is a provocative read in the best sense of the phrase—it provokes thinking. Schuck looks at contemporary issues in a way that should make people of all political beliefs want to look at those issues again.

Senator Joseph I. Lieberman (D-Conn.)

We live in a Crossfire world—even if the CNN show Crossfire is gone—most of our public discourse features people at one end of the political spectrum screaming at people at the other end, or people whose job is to spin madly for one party shouting at the spinners on the other side. What about those who are not wingers, or who have no interest in pandering to a political party? That is where Peter Schuck comes in. Meditations of a Militant Moderate gives us thoughtful, reasoned, and straightforward analysis and commentary on some of the most important and volatile issues of our time. You don't have to agree with Peter on every issue to appreciate the class with which he handles his arguments and the insights he brings to the social, legal, and political spheres. What a refreshing antidote to the mindless cacophony.

Norman Ornstein

Can affirmative action be fixed? Did 9/11 victims deserve special compensation? When is stereotyping necessary? In the age of Michael Moore and Ann Coulter, Peter Schuck shows that the middle, far from being a halfway house, has an intellectual vibrance all its own, and he reminds a hyperventilating culture that in the values debate the greatest strength of all—wisdom—is in the center. Dip into Meditations of a Militant Moderate and meet one of the best essayists of our time.

Jonathan Rauch

Peter Schuck demonstrates in most vivid fashion that political moderation need not entail avoiding offense or controversy, much less seeking compromise for its own sake. His essays are provocative and far from consensual. But his approach to public policy is invariably intelligent, thoughtful, practical, and incremental—qualities all too scarce in this era of polarized politics and ideologically driven initiatives at home and abroad.

Thomas Mann

Can affirmative action be fixed? Did 9/11 victims deserve special compensation? When is stereotyping necessary? In the age of Michael Moore and Ann Coulter, Peter Schuck shows that the middle, far from being a halfway house, has an intellectual vibrance all its own, and he reminds a hyperventilating culture that in the values debate the greatest strength of all--wisdom--is in the center. Dip into Meditations of a Militant Moderate and meet one of the best essayists of our time.--Jonathan Rauch, syndicated columnist and senior writer, National Journal

Peter Schuck demonstrates in most vivid fashion that political moderation need not entail avoiding offense or controversy, much less seeking compromise for its own sake. His essays are provocative and far from consensual. But his approach to public policy is invariably intelligent, thoughtful, practical, and incremental--qualities all too scarce in this era of polarized politics and ideologically driven initiatives at home and abroad.--Thomas Mann, The Brookings Institution

We live in a Crossfire world--even if the CNN show Crossfire is gone--most of our public discourse features people at one end of the political spectrum screaming at people at the other end, or people whose job is to spin madly for one party shouting at the spinners on the other side. What about those who are not wingers, or who have no interest in pandering to a political party? That is where Peter Schuck comes in. Meditations of a Militant Moderate gives us thoughtful, reasoned, and straightforward analysis and commentary on some of the most important and volatile issues of our time. You don't have to agree with Peter on every issue to appreciate the class with which he handles his arguments and the insights he brings to the social, legal, and political spheres. What a refreshing antidote to the mindless cacophony.--Norman Ornstein, resident scholar, American Enterprise Institute

From the Publisher