Thirty-seven essays (and one poem) by Schuck (Yale Law School) approach contentious issues of current American politics from the "pragmatic, reformist, nonideological, empirically minded spirit" of the "militant moderate." In the essays, he critiques current structures of Affirmative Action; looks at "culture war" issues such as school vouchers, tort litigation against gun manufacturers, and the constitutional status of political parties and private groups with discriminatory membership policies; justifies some cases of ethnic profiling; and proposes the creation of a regulated market for the trade of refugee protection obligations. Annotation ©2005 Book News, Inc., Portland, OR
|Publisher:||Rowman & Littlefield Publishers, Inc.|
|Product dimensions:||5.82(w) x 8.92(h) x 0.60(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 ItBend 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
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.