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LABORATORY OF JUSTICE

Name: LABORATORY OF JUSTICE
Author: David L. Faigman
ISBN: 0-8050-7274-8

THE SUPREME COURT’S 200-YEAR STRUGGLE TO INTEGRATE SCIENCE AND THE LAW

by David L. Faigman ‧ RELEASE DATE: June 3, 2004

A diffusive, but always interesting, exploration of science in the law.

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Law is more art than science. Yet the law adds to and subtracts from its knowledge base, like science, and relies on scientific findings for guidance.

So observes Faigman (Law/Univ. of California, Hastings; Legal Alchemy, not reviewed), noting that the layers of science that run through American case law produce sometimes puzzling results: “The Constitution . . . is a strange admixture of abiding fundamental values and archaic and obsolete natural philosophy,” and “the Supreme Court adheres to constitutional doctrine sometimes in the face of overwhelming evidence to the contrary.” Even so, Faigman adds, the flexibility of the Constitution allows for endless new layerings. Thus, even as vestiges of the anthropology that defended slaveholding in the Dred Scott case—and that made Thomas Jefferson wonder whether he were right in the matter of “all men are created equal”—continue to float about in the depths of the law, contemporary jurists draw on the latest sociological findings of the role of race in, say, educational attainment to argue playing field–leveling programs pro and con. Thus, too, Justice Stevens was recently moved to remark that “if a constitutional rule is premised on empirical facts, then the rule should change when the facts, or our knowledge of the facts, change,” concurring with Justice O’Connor’s hopeful determination that while today using race to balance student-body composition is necessary, “twenty-five years from now, the use of racial preferences will no longer be necessary to further the interests approved today.” (Notes Faigman, “It will be the social scientists of 2028 who will tell us whether Justice O’Connor’s prediction has come true.”) The law’s admission of and reliance on science—especially statistics, that most empirical of disciplines—is sometimes a source of conflict. An even greater conflict, Faigman argues, is the failure of the Court to develop a “set or systematic criteria by which to measure constitutional facts”: that is, to develop a science of its own.

A diffusive, but always interesting, exploration of science in the law.

Pub Date: June 3, 2004

ISBN: 0-8050-7274-8

Page Count: 416

Publisher: Henry Holt

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: April 1, 2004

Categories:

GENERAL NONFICTION

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NUTCRACKER

by E.T.A. Hoffmann ‧ RELEASE DATE: Oct. 28, 1996

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This is not the Nutcracker sweet, as passed on by Tchaikovsky and Marius Petipa. No, this is the original Hoffmann tale of 1816, in which the froth of Christmas revelry occasionally parts to let the dark underside of childhood fantasies and fears peek through. The boundaries between dream and reality fade, just as Godfather Drosselmeier, the Nutcracker's creator, is seen as alternately sinister and jolly. And Italian artist Roberto Innocenti gives an errily realistic air to Marie's dreams, in richly detailed illustrations touched by a mysterious light. A beautiful version of this classic tale, which will captivate adults and children alike. (Nutcracker; $35.00; Oct. 28, 1996; 136 pp.; 0-15-100227-4)

Pub Date: Oct. 28, 1996

ISBN: 0-15-100227-4

Page Count: 136

Publisher: Harcourt

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Aug. 15, 1996

Categories:

GENERAL NONFICTION

- BOOK REVIEW
THE NUTCRACKER AND THE MOUSE KING
by E.T.A. Hoffmann ; adapted by Natalie Andrewson ; illustrated by Natalie Andrewson

- BOOK REVIEW
THE NUTCRACKER
by E.T.A. Hoffmann & illustrated by Julie Paschkis

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TO THE ONE I LOVE THE BEST

EPISODES FROM THE LIFE OF LADY MENDL (ELSIE DE WOLFE)

by Ludwig Bemelmans ‧ RELEASE DATE: Feb. 23, 1955

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An extravaganza in Bemelmans' inimitable vein, but written almost dead pan, with sly, amusing, sometimes biting undertones, breaking through. For Bemelmans was "the man who came to cocktails". And his hostess was Lady Mendl (Elsie de Wolfe), arbiter of American decorating taste over a generation. Lady Mendl was an incredible person,- self-made in proper American tradition on the one hand, for she had been haunted by the poverty of her childhood, and the years of struggle up from its ugliness,- until she became synonymous with the exotic, exquisite, worshipper at beauty's whrine. Bemelmans draws a portrait in extremes, through apt descriptions, through hilarious anecdote, through surprisingly sympathetic and understanding bits of appreciation. The scene shifts from Hollywood to the home she loved the best in Versailles. One meets in passing a vast roster of famous figures of the international and artistic set. And always one feels Bemelmans, slightly offstage, observing, recording, commenting, illustrated.