14 15 yale law report winter 2009 books in print

books in print Here’s just a sampling of the many other books recently Robin Goldstein written or edited by our alumni, faculty, staff, and students. The Wine Trials Fearless Critic Media, 2008 We welcome your submissions. If possible, please send us two review copies of your book: one for the Lillian Goldman Goldstein ’02 has gone around the country serv- Law Library and one for the Alumni Reading Room. ing 6,000 glasses of wine from brown paper bags to experts and everyday Government For wine drinkers around Philip Bobbitt Hugo Cyr America. Here are the Terror and Consent: Canadian Federalism and results, including full- and By the People The Wars for the Twenty-First Century Treaty Powers: Organic page reviews of the 100 Knopf, 2008 Constitutionalism at Work wines that beat $50 to Nicholas deB. Katzenbach Peter Lang, 2008 Some of It Was Fun: Working with RFK and LBJ Bobbitt ’75 contends that the $150 bottles in the blind tastings. W.W. Norton & Company, 2008 world is in transition from Using the Canadian federation as its start- nation states to “market states” ing point, this case study illustrates a range John Griffiths, Maurice Adams, and whose strategic reason for of factors to be considered in the appropri- Heleen Weyers being “is the protection of ate distribution of treaty powers within Euthanasia and Law in Europe civilians, not simply territory a federation. Cyr ’99 llm shows how the Hart Publishing, 2008 In 1960, Nicholas deB. Katzenbach ’47 or national wealth or any par- Canadian constitution has “organically” Griffiths ’65 and his watched the presidential election from Geneva, Switzerland, ticular dynasty, class, religion or developed a tight-knit set of rules and co-authors emphasize with the sense of anticipation that gripped many Americans. ideology.” This shift, he argues, principles responding to these distribu- recent legal develop- has huge implications for counterterror- tional factors. On leave from his faculty position at the University of Chicago, ments and new research, ism, because future terrorists—particularly Katzenbach was an academic, having taught at Yale Law School and include a full treat- if they possess nuclear or biological weap- prior to joining Chicago. He was not a government man, and he Marian Wright Edelman ment of Belgium, where ons—may threaten the legitimacy of the The Sea is So Wide and My Boat is had no connection to the Kennedys. But when John F. Kennedy euthanasia has been market state. So Small: Charting a Coarse won the presidency, Katzenbach became anxious to get involved— Some of It Was Fun is simultaneously back- legal since 2002. In addi- for the Next Generation he felt sidelined in Switzerland and was eager to play a role in ward and forward looking. As a memoir, it tion, the book includes Steven G. Calabresi and Hyperion, 2008 what he considered to be an administration with potential to allows its reader access behind the doors short descriptions writ- Christopher Yoo In America today, the gap ten by local specialists of what is known change the world. of some of the most important meetings of The Unitary Executive: between the rich and about actual practice in a number of other In short order, friends, former classmates, and colleagues of the 1960s. But, ultimately, Katzenbach uses Presidential Power from the poor is the greatest European countries (including the UK, Katzenbach began to work with the Kennedy administration his book as a lens to reexamine the trajec- Washington to Bush ever recorded—larger Switzerland, France, and Spain). and Katzenbach grew even more restless from his station in tory of politics today. “I was motivated to Yale University Press, 2008 than any other industrial- Switzerland. When former classmate Byron White ’46 was write the memoir because I felt that we This book undertakes a ized nation. As founder Philip Hamburger appointed deputy attorney general, Katzenbach’s wife, Lydia, were losing sight of government for and by the people in a wave detailed historical and legal and president of the Law and Judicial Duty urged him to give White a call. Within a day of that phone call, of greed and ideology which was divisive and often irrational,” examination of presidential Children’s Defense Fund, Harvard University Press, 2008 Katzenbach was on a plane to Washington and joined White (as Katzenbach explained. “WWII veterans had experienced what power and the theory of the Edelman ’63 knows all Hamburger ’82 traces the well as fellow YLS graduates Burke Marshall ’51, Louis Oberdorfer this country can do when we all work together for the common unitary executive. This theory— too well the suffering of so many of the history of what is today ’46, and later Norbert Schlei ’51) in the Department of Justice. good, and I wanted to share with young people the belief that that the Constitution gives the nation’s children. In her newest book, called “judicial review,” Katzenbach, of course, served as a trusted aide to both Bobby even the most difficult problems have solutions if we are will- president the power to remove Edelman asks difficult questions about drawing on previously Kennedy and Lyndon Johnson, acting as legal counsel and ing to seek them together.” and control all policy-making what we truly value, and looks hard at unexplored evidence. He deputy attorney general under RFK and then as attorney general Among the things Some of It Was Fun laments about contem- subordinates in the executive what we can—and must—do to build a explains the common law and under secretary of state for LBJ. His time with those two branch—has been the subject of heated nation fit for all children. porary politics: partisanship. ideals of law and judicial debate since the Reagan years. Co-authors leaders is the subject of his new book, Some of It Was Fun: Working “I think there are lessons from this period that are applicable duty, calling into question Calabresi ’83 and Yoo argue that all presi- with RFK and LBJ. A key participant in watershed moments of the today,” Katzenbach writes. “Our most important legislation the modern assumption dents have been committed proponents 60s, including the confrontation with segregationist George C. then depended on bipartisan support, and of the hundreds of that judicial review is a power within of the theory of the unitary executive, and Wallace during the integration of the University of Alabama, calls I made on members of both houses of Congress, I can recall judges’ control. Katzenbach takes his readers back to the time period of 1961 to very few that were not discussions centered on the merits of the they explore the meaning and implications of this finding. 1969 in this 352-page memoir. He describes Washington in 1961 legislation, whether it dealt with civil rights, immigration, as a time and place of “collective optimism, full of energy and prison reform, or federal criminal law…I hope young people will determination on the part of many of us, mostly World War II have the passion for government I had many years ago (and still (Opposite) On June 11, 1963 Federal Deputy Attorney General Nicholas Katzenbach faced off against veterans.” have). It is, after all, their future that is at stake.” Governor George C. Wallace at the University of Alabama. Wallace had blocked the University’s doorway in an attempt to prevent two African-American students from registering for classes. Photograph by Shel Hershorn 16 17 yale law report winter 2009 books in print

Van Jones Timothy D. Lytton Lea Shaver, Editor The Green Collar Economy: Holding Bishops Accountable: Access to Knowledge in Brazil: Robert C. Ellickson ’66, Walter E. Meyer Professor of Property How One Solution Can Fix How Lawsuits Helped the Catholic New Research on Intellectual Property, and Urban Law Our Two Biggest Problems The Household: Informal Order Around the Hearth Church Confront Clergy Sexual Abuse Innovation, and Development HarperOne, 2008 Princeton University Press, 2008 Harvard University Press, 2008 Information Society Project, 2008 Jones ’93 presents his plan for In a story of the tort system Saadia M. Pekkanen The first in a series, this solving the issues of a failing Ellickson explores the internal dynamics of as an engine of social justice, Japan’s Aggressive Legalism: book focuses on current economy and a devastated the home in his new book The Household: Informal Lytton ’91 reveals how plead- Law and Foreign Trade Politics issues in intellectual environment, arguing that we Order Around the Hearth. Writing for an audience ings, discovery documents, and Beyond the WTO property, innovation, and can invent and invest our way of sociologists, economists, lawyers, and individu- depositions fueled media cover- Stanford University Press, 2008 development policy from out of the pollution-based als interested in the fundamentals of domestic life, age of the Church scandal. a Brazilian perspective. The ways in which law has grey economy and into the Ellickson applies transaction cost economics, socio- This book shows how the Edited by Shaver ’06, interacted with concrete healthy new green economy. logical theory, and legal analysis as he examines litigation strategy of plain- each chapter is authored interests to reshape Japan’s Built by a broad coalition how the home is ordered. The Household illustrates tiffs’ lawyers gave rise to a by scholars from the foreign trade politics at the deeply rooted in the lives and struggles of how households are formed and how they choose widespread belief that the real prob- Fundação Getulio Vargas law schools in start of the twenty-first cen- ordinary people, this path has the practi- to govern themselves. Ellickson considers division lem was not the actions of individual São Paolo and Rio de Janeiro and examines tury can best be character- cal benefit of both cutting energy prices of labor, homeownership issues, and the handling priests, but rather the Church’s massive a policy area that significantly impacts ized as aggressive legalism. and generating enough work to pull the of domestic misconduct. institutional failure. access to knowledge in the country. These Today, Japan’s aggressive U.S. economy out of its present down- Using historical sources and statistics, the book include: exceptions and limitations to legalism is not confined to ward spiral. compares traditional family-based households to Justin Peacock copyright, free software and open business any one multilateral, regional, or bilateral more complex arrangements such as those in medi- A Cure for Night models, patent reform and access to medi- forum. In the shifting landscape of global Zachary Kaufman and Phil Clark, Eds. eval English castles, Israeli kibbutzim, and modern Doubleday, 2008 cines, and open innovation in the biotech- and regional realities, Pekkanen ’04 msl After Genocide: Transitional Justice, housing communities. nology sector. In his first novel, Peacock ’02 argues, aggressive legalism has emerged Post-Conflict Reconstruction, and “Most of the rules that govern the hearth,” Ellickson argues, “are not tells the story of Joel Deveraux as the most cohesive and legitimate Reconciliation in Rwanda and Beyond derived from law but rather are household-specific norms that evolve from who has been ejected from his attempt by Japanese actors to structure Columbia University Press, 2009 the repeated interactions of household participants.” job at a white-shoe law firm favorable outcomes in international trade. In these essays, leading schol- and has slid down the corpo- ars analyze the political, legal, rate ladder to the Brooklyn and regional impact of events Paul W. Kahn ’80, Robert W. Winner Professor of Law and the Humanities Public Defenders’ office. When in post-genocide Rwanda and Director, Orville H. Schell, Jr. Center for International Human Rights Deveraux’s boss offers him the within the broader themes Sacred Violence: Torture, Terror and Sovereignty second chair to the savvy Myra of transitional justice, recon- The University of Michigan Press, 2008 Goldstein in a high-profile murder case, he struction, and reconciliation. eagerly takes it. The defendant is Lorenzo Kaufman ’09 and Clark also “If we are quite willing to kill, why not torture?” Tate, an African-American pot dealer from Daniel Markovits ’00 incorporate contributions So begins Kahn’s newest book, Sacred Violence: the projects who is charged with the A Modern Legal Ethics: from Rwandan academics, practitioners, Torture, Terror and Sovereignty. To answer that murder of a white college student in a Adversary Advocacy in a Democratic Age and senior government officials who have question Kahn offers a broad philosophical and his- street shooting; and the tabloids have sunk Princeton University Press, 2008 rarely been heard from in the aftermath of torical inquiry into the nature of political violence. their teeth into the racially tinged trial. the genocide. The problem with torture, he argues, is neither its In A Modern Legal Ethics, Markovits proposes a violence nor its immorality. As a nation we remain wholesale renovation of legal ethics, one that contrib- Duncan Kennedy deeply committed to forms of political violence utes to ethical thought generally. Legal Reasoning: Collected Essays that are even more destructive and arguably Markovits reinterprets the positive law governing lawyers to identify fidelity as The Davies Group Publishers, 2008 just as immoral. To understand torture we must its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their This collection of four essays compare it not to law, but to combat, for torture personal judgments concerning the truth and justice of their clients’ claims. Next, written by Kennedy ’70 over a emerges as a response to that particular form of the book asks what it is like—not psychologically but ethically—to practice law sub- twenty-year span presents an combat that is terror. ject to the self-effacement that fidelity demands.F inally, A Modern Legal Ethics rein- account of legal reasoning by Exploring the place of torture in the political tegrates legal ethics into political philosophy in a fashion commensurate to lawyers’ judges, lawyers, and legal aca- imagination offers Kahn a new opportunity to central place in political practice. demics. Kennedy assembles in develop a modern political theology–the project “One of the book’s main aims is to connect ethical theory to the actual practice of a systematic way the insights that has been the subject of his last two books: Putting Liberalism in its Place adversary advocacy, including both the positive law governing lawyers and the lived of American legal realism with and Out of Eden. Together, these works challenge our easy assumptions about experience of lawyering,” Markovits explains. “The book is designed to be accessible Continental phenomenology the place of the rule of law in American political life. Kahn sees law and to a general audience and especially to students as they try to make sense of the and semiotics. sacrifice as dual sources of political meaning that are literally at war with law that they learn in their professional responsibility courses.” each other in American reactions to the attack of 9/11. 18 19 yale law report winter 2009 books in print

Daniel J. Solove Arlen Specter John C. Topping Jr., Michael C. Robert L. Tsai D.G. Martin ’68 Understanding Privacy Never Give In: MacCracken, and Frances Moore, Eds. Eloquence & Reason: Interstate Eateries: Harvard University Press, 2008 Battling Cancer in the Senate Sudden and Disruptive Climate Change: Creating a First Amendment Culture A Guide to Down-Home Cooking Along Thomas Dunne Books, 2008 Exploring the Real Risks Yale University Press, 2008 North Carolina’s Interstates, 2nd Ed. As rapidly changing tech- and How We Can Avoid Them Our State, 2008 nology makes information In early 2004, Specter ’56 Tsai ’97 presents a theory of the Earthscan, 2008 increasingly available, was in the midst of the First Amendment’s development. Philippa Webb and Hirad Abtahi scholars, activists, and pol- most difficult election While changes in emis- During the twentieth century, The Genocide Convention: Edward McWhinney ’51 llm, ’53 jsd icymakers have struggled in his quarter-century sions and atmospheric Americans gained trust in its The Travaux Préparatoires Self-Determination of Peoples and to define privacy. Solove career in the Senate. concentrations of green- commitments, turned the First Martinus Nijhoff Publishers, 2008 Plural-Ethnic States in Contemporary ’97 offers an overview of But his feelings of house gases are generally Amendment into an instrument International Law This two-volume work the difficulties involved in exhaustion and fatigue projected to be slow and for social progress, and exer- Martinus Nijhoff Publishers, 2007 gathers together the discussions of privacy. He were found to have a smooth, there are increas- cised their rhetorical freedom records of the multitude argues that no single defi- far more serious cause. ing indications that the to create a common language of meetings that, in the W. Michael Reisman ’64 llm, ’65 jsd nition can be workable, but rather that Specter was diagnosed intensity and impacts of of rights. Tsai explains that the context of the newly- and Guillermo Aruilar Alvarez there are multiple forms of privacy, related with Hodgkin’s disease, Stage IVB, the climate change on the guarantees of the First Amendment have established United The Reasons Requirement in to one another by family resemblances. most advanced stage. In this book, he environment and soci- become part of a governing culture and Nations, led to the adop- International Investment Arbitration: Drawing on a broad array of interdisciplin- describes the treatment he received and ety could, at least on a regional basis, be nationwide priority. Examining the rhe- tion of the Convention Critical Case Studies ary sources, Solove sets forth a framework offers his advice on how to handle the side abrupt and bumpy. In a series of essays, torical tactics of activists, presidents, and on the Prevention and Hotei Publishing, 2008 for understanding privacy. effects, both visible and private. Topping ’67 and his co-authors explore lawyers, he illustrates how committed Punishment of the the possibilities of such changes and their citizens seek to promote or destabilize a Crime of Genocide in December 1948. significance for our society, as well as our convergence in constitutional ideas. Alec Stone Sweet and Helen Keller Webb ’04 llm and Abtahi give academ- A Europe of Rights: The Impact of the ability to limit climate change. ics and practitioners easy access to the ECHR on National Legal Systems Genocide Convention’s travaux prépara- Oxford University Press, 2008 Stephen Joel Trachtenberg Big Man on Campus: toires. The foreward to this collection is written by Rosalyn Higgins ’62 jsd, A University President Speaks Out Stephen Joel Trachtenberg ’62 and President of the International Court of on Higher Education Gerald B. Kauvar, Eds. Justice. Jonathan Macey ’82, Deputy Dean Simon & Schuster, 2008 Letters to the Next President: and Sam Harris Professor of Corporate Law, Strengthening America’s Foundation in An insider’s look at the Corporate Finance, and Securities Law Higher Education Corporate Governance: current state of higher also of note The Korn/Ferry Institute, 2008 Promises Kept, Promises Broken education in America, Ian Ayres ’86 and Richard E. Speidel from Trachtenberg ’62, Princeton University Press, 2008 Studies in Contract Law, 7th ed. who spent 19 years as Stephen L. Carter ’79, William Nelson Foundation Press, 2008 Mark C. Weber ’78 president of The George Special Education Law and Litigation Cromwell Professor of Law Washington University. Treatise, 3rd ed. In Corporate Governance: Promises Kept, Promises Broken, Macey argues Palace Council This book brings together Henry M. Hoyt ’40, Translator LRP Publications, 2008 that promises (rather than contracts) are at the heart of a successful system Knopf, 2008 Trachtenberg’s years of Eugene Onegin: of corporate governance. In Macey’s words, “trust rather than reliance on experience, wisdom, and A Novel in Verse (by Alexander Pushkin) the prospect of enforcement is the focal point of a successful system of corporate Carter’s latest novel begins in the Luzius Wildhaber ’65 llm, ’68 jsd wit to reveal what goes on behind the Dog Ear Publishing, 2008 governance.” summer of 1952, when twenty promi- The European Court of Human Rights: scenes in the difficult and rewarding chal- This timely book examines different mechanisms of corporate governance nent men gather at a secret meeting on Harold Hongju Koh, Detlev F. Vagts, 1998–2006 History, Achievements, lenge of running a university. and ultimately argues that market-driven mechanisms of corporate governance Martha’s Vineyard and devise a plot to and William S. Dodge Reform (i.e., trading and takeovers) are more effective solutions than non-market devices manipulate the President of the United Transnational Business Problems, N.P. Engel, Publisher, 2006 such as boards of directors, shareholder voting, credit-rating agencies, and States. Soon after, the body of one of 4th ed. whistle-blowers. these men is found by Eddie Wesley, Foundation Press, 2008 According to Macey, reliance on the Sarbanes-Oxley Act is badly misplaced, Harlem’s rising literary star. When Eddie’s and heightened government oversight has put a stranglehold on the market. younger sister mysteriously disappears, Harold Hongju Koh Macey argues for the power of the market to self-regulate; he sees the Details about upcoming alumni and Eddie and the woman he loves, Aurelia Transnational Litigation in pricing capabilities of the capital markets as the most effective mechanism faculty book tours are now available at Treene, are pulled into what becomes a United States Courts for corporate governance. www.law.yale.edu/alumni. If you’d like twenty-year search for the truth. As Eddie Foundation Press, 2008 your book tour listed on the site, please and Aurelia uncover layer upon layer of www.law.yale.edu/podcasts email Director of Alumni Affairs Abigail intrigue, their odyssey takes them from Nicolas Kuonen ’06 llm the wealthy drawing rooms of New York Roth ’94 at [email protected]. La responsabilité précontractuelle If you’d like to hear authors discuss their through the shady corners of radical poli- Schulthess, 2007 work, be sure to check out the site! tics, all the way to the Oval Office.