Meditations of a Militant Moderate Cool Views on Hot Topics,9780742539600

Meditations of a Militant Moderate Cool Views on Hot Topics

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ISBN13: 9780742539600
ISBN10: 0742539601
Format: Hardcover
Pub. Date: 2005-08-31
Publisher(s): Rowman & Littlefield Publishers
List Price: $136.00

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Summary

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 Schuck reveals the distinctive sensibility and policy orientation of a militant moderate: pragmatic, reformist, non-ideological, empirically-minded, and skeptical of many liberal and conservative pieties.

Author Biography

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

Table of Contents

Preface: What Is a Militant Moderate? ix
PART I CIVIL RIGHTS AND WRONGS
1(50)
Affirmative Action I: Don't Mend It or End It---Bend It
4(7)
Affirmative Action II: The Supreme Court Botches the Job
11(7)
Affirmative Action III: Racial Preferences in Supreme Court Nominations
18(5)
Groups and Equal Protection: The Flawed Theory of Owen Fiss
23(10)
Race Matters: The Incoherence of Cornel West
33(10)
Slavery Reparations: A Misguided Movement
43(5)
Housing Integration: Use Vouchers, Not Courts
48(3)
PART II THE CULTURE WARS
51(28)
The Pledge of Allegiance: A Noncoercive Endorsement of Religion
54(4)
School Vouchers: A Compelling Case for Choice
58(4)
Military Recruitment on Campus: The Solomon Amendment
62(5)
Expressive Groups: Political Parties and Gays in the Boy Scouts
67(4)
Professors and Profession: An Odd Couple
71(5)
Tax Day: Deficit Reduction Made Easy
76(3)
PART III THE RULE OF LAW
79(54)
Class Actions: Analyzing the Issues
82(4)
Punitive Damages: Lawless (In)justice
86(4)
Lying: Law's Ambivalence
90(4)
Civil Juries: Here to Stay
94(9)
Impact Litigation: Courts and Institutional Reform
103(11)
Gun Control: Keeping Tort Law in Its Place
114(5)
Tort Reform: A Mixed Bag
119(3)
Surrogate Motherhood: Reflections on Baby M
122(11)
PART IV DEALING WITH TERRORISM AND VICTIMS
133(28)
Preemptive Strikes: Revising the UN Charter
136(4)
Profiling: The Uses of Stereotypes
140(5)
Compensating Victims: Some Hard Questions
145(10)
The 9/11 Compensation Fund: A Bad Precedent
155(4)
Adjudicating Terrorism: A Hybrid Model Court
159(2)
PART V A NATION OF IMMIGRANTS
161(18)
Immigration, Diversity, and Nationhood: The Formula Still Works
164(5)
Refugees: Protecting More by Sharing the Burden
169(1)
Reforming the 1996 Immigration Reform: Advice to President Bush
170(2)
Citizenship after 9/11: Continuity and Change
172(4)
Immigrant Voting: Wrong Response to a Genuine Need
176(3)
PART VI DEVELOPING GIANTS
179(16)
China: Forward and Backward
181(5)
India: What the Raj Wrought
186(9)
PART VII THE FUTURE OF LIBERALISM
195(26)
Rethinking Liberalism: A Paradox Unresolved
198(2)
Diversity: Society's Teacher
200(4)
Punctilios for a Diverse Society: Candor and Thicker Skins
204(5)
Civility: A Sometime Virtue
209(5)
The 2004 Elections: A Militant Moderate's Interpretation
214(7)
Credits 221(4)
Index 225(6)
About the Author 231

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