Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts

WILDLAND: THE MAKING of AMERICA'S FURY (audiobook) by Evan Osnos


Published in September of 2021 by Macmillan Audio.

Read by the author, Evan Osnos.
Duration: 17 hours, 7 minutes.
Unabridged.

Evan Osnos is a reporter for The New Yorker. He was inspired to write about the phenomenon of Donald Trump and the 2016 and 2020 elections when he returned from an multi-year assignment in China and noted that politics, journalism and even economics in the United States had changed. He didn't use this analogy, but I will: Parents don't notice their kids changing and growing because they see them every day. But, the aunts and uncles who only see them at the holidays can easily detect the changes.

For Wildland Osnos went to three places that he used to live to investigate: Greenwich, Connecticut; Chicago, Illinois; and Clarksburg, West Virginia. 

In West Virginia, he primarily looks at the changes in journalism such as the loss of local news and small town newspapers. He also looks at government pulling back environmental regulations and business avoiding responsibilities such as living up to pension obligations and cleaning up their messes. The shenanigans from Peabody Energy to avoid pension obligations were especially egregious.

In Connecticut he follows up on the business theme by looking at Greenwich - a town seemingly full of hedge fund managers. Really, it's not, but their wealth and their change of mindset is changing the town. The mindset embraces famed economist Milton Friedman's maxim that the purpose of a corporation is to maximize returns for its shareholders. I grew up in a town with one very large corporation with multiple factories. It provided scholarships, paid for public art and architecture and provided benevolent leadership through boards, committees and generally being engaged with the community that its leadership lived in and provided its labor force. 

In Chicago, he looks at the near-collapse of some communities - the ones that make the news all of the time for the murders. He discusses how the manufacturing base of Chicago left and how that helped lead to the decline of some neighborhoods. which ties into the Greenwich part of the book.

On top of all of this, throw in the Supreme Court case generally known Citizens United. It opened up the flood gates for money in politics. Now millions of dollars could be spent on primary campaigns. In 2020, my state was not really a player in Presidential politics, but we saw almost non-stop ads over 1 race for the House of Representatives. One ad after another from both sides. Those kinds of ad campaigns are the result of the Citizens United decision in 2010.  The Supreme Court held that the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including non-profit corporations, labor unions, and other associations. With that decision, politics changed.     

Outsiders with a lot of money now had a chance to come in and be effective without having the strong organization and the political contacts of a political party.    

The book takes a long time to develop and I nearly quit several times in the first couple of hours. There was so much talk of hedge fund managers and the new prevailing mercenary quality in big business. Notice that I said "prevailing" - the mercenary quality has always been there but it was restrained by other cultural norms. But, once it moves on to West Virginia and Chicago the book got more interesting to me. I guess it's simply because I don't know ultra-rich hedge fund managers and I don't identify with that lifestyle, but I do know poor black people in a big city and I grew up in a rural area. 

At the halfway point, he starts to tie all of this stuff together and then the book gets good. About 3/4 of the way through the book he starts to tie in the rise of Trumpism. To be honest, I had forgotten that this was the point of the book in the frist place. 
Osnos ties it together. It's not some big nefarious plot, but rather the result of a lot of forces converging - the Citizens United decision, the change in the philosophy of big business, the loss of local news reporting, the loss of good jobs in rural areas and the big cities all come together.

Toss in a great deal of frustration, Osnos makes it seem that the arrival of a person like Donald Trump was inevitable. I contend that it also explains Bernie Sanders. Like Trump, Sanders is truly a political outsider. Sanders isn't even a member of the Democrat party and has not put in a lot of work building the party organization. Still, he almost won their nomination in 2016 and ran very strong in 2020 because this decision lets money make up for not being part of a party and having access to all of the connections and organization that political parties can provide. 

This book doesn't have a lot of answers, but it points out a lot of problems and you have to know what the problems are before solutions can be found.

I rate this audiobook 5 stars out of 5. It can be found on Amazon.com here: WILDLAND: THE MAKING of AMERICA'S FURY by Evan Osnos.

THE WAR on KIDS: HOW AMERICAN JUVENILE JUSTICE LOST ITS WAY by Cara H. Drinan






Published by Oxford University Press in November of 2017.

Cara H. Drinan is a law professor at The Catholic University of America in Washington, D.C. Her book The War on Kids: How American Juvenile Justice Lost Its Way deals primarily with the changes to the justice system over the last 30 years and the mostly unforeseen consequences of those changes.

Drinan discusses how in the late 1980's and early 1990's the United States was experiencing a crime wave, including "the nation's peak murder rate" (p. 156) and a number of these criminals were minors. Lawmakers responded by making it easier to move cases involving juvenile offenders into adult court. Juvenile court, although imperfect, at least made some attempt to accommodate itself to the specific needs of youth offenders and offered opportunities to rehabilitate themselves. It also recognized the fact that young people's brains just work differently than adult brains - a point Drinan brings up often throughout the book,

Early in the book, Drinan offers a powerful set of facts about the effects of poverty on youth and the truly dreadful conditions that some young people grow up in. Chapter 2's detailed description of Terrence Graham's childhood is tough reading. He was failed by nearly every adult relative in his life and was clearly failed by the social workers that knew the conditions he lived in and did nothing to remove him from a home filled with drugs, hunger, violence, chaos and deprivation. I wouldn't have let a dog stay in that house, let alone a human child.

Drinan also describes how defendants in the justice system often have to depend on understaffed public defender offices that clearly don't have the time to do much more than process their clients and hope for the best. The book Rights at Risk: The Limits of Liberty in America by David K. Shipler also covers this topic very well. Minors moved up into adult court become a part of an already over-burdened system. 

Not that the juvenile courts are doing much better. On pages 58 and 59 Drinan details a litany of failings, including statistics that show more than half of the minors held in juvenile detention don't even have an attorney. Public defenders that deal in juvenile law are overwhelmed. The industry standard is no more than 200 cases per defense attorney. Some have caseloads with more than 1,500 clients. There is no way they can do any sort of quality work with that sort of caseload. To make matters worse, many are not even trained in juvenile law. 

Drinan argues that there need to be a whole series of safety nets in place to help young people like Terrence Graham from getting into the justice system in the first place, but she offers precious few specifics. She also argues for rehabilitative programming in juvenile detention but only offers one detailed description - a program in Missouri that does sound promising. It is so promising that it makes me wonder why the other states haven't adopted it as well.

The second half of this slim book is a tough read. Not due to the content, but due to a lot of legalese. She makes a series of recommendations that sound all right, but I really can't say for sure because I am not an attorney. It's almost like she forgot who her intended audience was at the halfway point of the book and lapsed into jargon and started talking to the attorneys reading the book.

There are times when Drinan comes off as more than a little naive. She often reminds the reader that youth are often impulsive and their brains don't work like an adult human's brain. True enough. At times, though, she sounds like she would excuse nearly any crime simply because the perpetrator was a youth and youth can be more easily rehabilitated than adults. One case study involved a young man that lured another to a car wash so he could "talk" about an issue they were having. Instead, he ambushed him and shot him three times with a rifle. This is different than a young person who is serving time because he was the driver waiting outside in the car during a robbery in a store that resulted in someone being shot.


The closing is an unsatisfying mish-mash that takes way too many shots at Donald Trump. I am not a fan of the President. Despite all of his faults though, he is a political newbie and had nothing to do with the current state of the juvenile justice system.

Read the first half of this book to find out the depth of the problems with our juvenile justice system. It is powerful reading.

I rate this book 3 stars out of 5.


This book can be found on Amazon.com here: THE WAR on KIDS: HOW AMERICAN JUVENILE JUSTICE LOST ITS WAY by Cara H. Drinan.

Note: I received an advance uncorrected proof of this book for free so that I could write an honest review as a part of the Amazon Vine Program.

Supreme Justice: A Novel of Suspense by Phillip Margolin












Originally published in 2010.
Published in 2011 by Harper.

A death row case, the Supreme Court and Homeland Security politics come together in Supreme Justice. The central question of the death row case is does the government have the right to withhold information deemed to be important to national security in a murder trial? In the case featured in the story, Sara Woodruff is a police officer on death row for killing her former lover. She denies any involvement and points the finger at suspected connections with the CIA and Homeland Security. She is sure he was kidnapped from her apartment and executed and the government's refusal to talk is going to cost her her life..

The Supreme Court building
If the story had been told from the point of view of Woodruff's defense team this book may have been quite suspenseful, entertaining and informative. Instead, it is told from the point of view of a set of ongoing Margolin characters: Dana Cutler, Brad Miller and Keith Evans. Miller works at the Supreme Court as a clerk and the justice he clerks for is interested in Woodruff's case. When there is an assassination attempt on the justice, Miller and the justice begin to suspect that there may be something about the Woodruff case that itself that caused the attempt.

Sadly, the book just never seems to take off and too many coincidences start to pile up to make the book a lot less dramatic than it could have been. Rather than building up to the suspected conspiracy, we short-circuit all of that and just start at the top. Throw in a twist that was telegraphed more than 100 pages from the end and a professional woman who does not know how to operate a modern day smart phone (hint: if you take pictures of legal documents that are not supposed to exist, you should e-mail them right away to your partners!) and I just was not impressed as a I have been with other Margolin books.

Not Margolin's best effort.

I rate this book 3 out of 5 stars and it can be found on Amazon.com here: Supreme Justice: A Novel of Suspense.

Reviewed on February 17, 2013.

Lincoln and Chief Justice Taney: Slavery, Secession and the President's War Powers by James F. Simon





An interesting head-to-head biography about two gentlemen who went head-to-head quite often during the Civil War.

Published in 2006 by Simon and Schuster.

James F. Simon's Lincoln and Chief Justice Taney shines an interesting light on two overlooked aspects of 19th century American history.

The first overlooked aspect is the Supreme Court, specifically the person of Roger Taney (pronounced Tawney), the Chief Justice most famous for what may be known for all time as his single worst legal opinion, and one of the most controversial and ill-considered opinions of all time - Dred Scott.


Roger Taney  
(1777-1864)
Simon tells the story of Taney's life, including his surprisingly liberal views on slavery and his legal defense of blacks who were seized illegally to be sold into slavery, the fact that he freed most of his family's slaves and even provided a modest pension for the elderly ones. Taney even defended an the rights of an abolitionist preacher to preach his message in Maryland. However, it seems that those opinions all changed once slavery became THE issue of the 1840s and 1850s. His views seem to have hardened in response to outside pressure on the institution of slavery.

Abraham Lincoln 
(1809-1865)
I must admit that I was not well-informed about Taney - for me he was the man who is most famous for the line about African-Americans in which he says that they were "so far inferior that they had no rights which the white man was bound to respect."  Of course, it turns out that Taney's political life was much more than just that one line that appears in all of the history books and I did learn a lot about Taney's life and the intricate politics of the era - more than a reader normally gets: Jackson, Calhoun, Webster, Clay and finally Lincoln. Taney bridges all of these figures, was seen as a moderating presence for most of that time and really gets the short-shrift historically due to the abusive excesses of the Dred Scott decision.

Lincoln, on the other hand, is, seemingly, the subject of a new biography every week. What has not been written about Lincoln? In this case, there is nothing new, but the focus on his administration's interactions with the Taney Court is interesting and thought-provoking.


This is a good, small dual biography of two of the towering political figures of their time. Not so much detail that the general history reader is bored, not so little that the serious reader of history is turned off.


I rate this biography 4 stars out of 5.

This book can be found on Amazon.com here: Lincoln and Chief Justice Taney.


Reviewed on May 15, 2011.

The Tenth Justice by Brad Meltzer





I thoroughly enjoyed this audiobook

Originally published in 1997.

The Tenth Justice is an interesting little morality play set at the Supreme Court. What do you do if you accidentally leak information about a supreme court case and someone uses that inside information to make a fortune? What do you do if they come back and threaten to expose your slip-up unless you provide more information?

In my opinion, Meltzer's character does the wrong thing but that is what makes the story so interesting.

Meltzer's dialogue works so well with Thomas Gibson's performance that it sounds as if they were in the room copying down the natural flow of the characters' conversations as they were spoken. Truly, they were very fun to listen to.

I rate this audiobook 5 stars out of 5. It can be found on Amazon.com here: The Tenth Justice by Brad Meltzer. 

Reviewed on October 15, 2004.

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