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Books in Print by Yale Alumni, Faculty, Staff, and Students

Child rearing is the one ‘no exit’ relationship “that is left in society.

control for all of that, you” still find that mothers work less, earn less, and achieve less than non- mothers do.” Parents of sick children, and especially children with chronic illnesses or disabilities, face additional challenges, as Alstott found in both her life and her Anne Alstott Confronts research. “When you have a kid who is sick, it intensifies everything else.... This is a very hard-hit group of people.... You very often find that parents Challenges of Parenting stop working, usually one parent will stop working, you find families thrown into poverty, you find that No Exit: What Parents Owe Their Children whole trade-off between taking care of your kid and and What Society Owes Parents making ends meet for the family can become Oxford University Press, 2004 extremely severe.” Alstott adds, “That’s where the ‘no exit’ of the After she completed the first draft of No Exit, title comes in, because child rearing is the one Anne L. Alstott ’87 says, “I had this experience of ‘no-exit’ relationship that is left in society, and has living the book I had already written.” One of her to be left.” sons became sick, greatly changing her life. “A Alstott admits that the title of her book is aggres- healthy kid is demanding in certain ways,” she says. sive, but she deployed the words “no exit” with a “Then when you have a kid who is really seriously purpose. “I meant it to have a little bit of a sting.... sick, those demands become significant, and they As much as everybody loves their kids, delights in become wrenching, and they just absolutely over- their kids... I wanted to separate out the Hallmark ride everything in your life.” moment from the hard realities that I think every No Exit looks at how the need to provide continu- parent really faces.” ity of care to children places a distinct burden on Alstott’s central policy proposal to improve the parents. While having a child is a choice, caring for long-term economic prospects of parents is to create a child is a vital role for society. Alstott says, “This is “caretaker resource accounts.” In her plan, care- a book that tries to do the hard thing of saying that taker parents of children under thirteen would even a pluralist society has to value this one thing, receive $5,000 a year, which could be used for child because it’s different than any other way of life.” care, their own education, or their retirement sav- According to Alstott, empirical studies all point to ings. Alstott tailored her approach to provide maxi- the same conclusion about parenting. “No matter mum individual autonomy. “I completely sidestep how many things you control for—you can say, Does this very contentious debate over whether mothers that really control for education? Does that really should work, whether mothers shouldn’t work. control for work experience? Does that really con- My thought is, give them the resources they need, trol for how driven people are?—and even when you and then let them choose. If they choose to work, 24 |25 YLR Summer 2004

my proposals make them better able to work; if are very much treated as Hallmark items in the they choose not to work, my proposals make them political discourse,” she says. And while her policy better able not to work.” proposals face various technical challenges, she Alstott says that she started writing No Exit says, “I think the foremost challenge is actually because she wasn’t satisfied with the literature on going to be to make politicians focus on this...and care work or the way family issues were discussed to get politicians to understand that this is what more broadly. “I think children and child rearing the everyday life of so many people is about.” Œ

David Bernstein You Can’t Say That!: The Growing Threat to Civil Liberties from Interracial Intimacies: Sex, Marriage, Antidiscrimination Laws Identity, and Adoption Here’s just a sampling of the many , 2003 Vintage Books, 2004 books recently written or edited by our Bernstein ’89 points out Kennedy ’82 hits a nerve at the center of alumni, faculty, staff, and students. that the goal of left-wing American society: race relations and our We welcome your submissions. egalitarian activists to elevate antidiscrim- most intimate ties to each other. Kennedy If possible, please send us two review ination concerns above all others poses an challenges us to examine how prejudices copies of your book: one for the especially acute threat to civil liberties. and biases still fuel fears and inform our Lillian Goldman Law Library and one The First Amendment explicitly prohibits sexual, marital, and family choices. He for the Alumni Reading Room. the government from interfering with tackles such subjects as the presence of freedom of expression, but antidiscrimina- sex in racial politics, the historic role of tion laws, Bernstein says, put that freedom legal institutions in policing racial bound- , at risk. aries, and the present-day battles over James S. Fishkin race-matching adoption policies. Deliberation Day Gilbert Hahn, Jr. Press, 2004 The Notebook of a Native Ethan J. Leib Ackerman ’67, Sterling Washingtonian Deliberative Democracy in America Professor of Law and Political Pennsylvania State University Press, 2004 Science, and Fishkin argue Hamilton Books, 2004 A distinguished Washington attorney for While drawing on the rich theoretical liter- that Americans can revitalize more than fifty years, Hahn ’48 has had a ature about deliberative democracy, Leib their democracy and break lifetime interest in the welfare of the ’03 concentrates on designing an institu- the cycle of cynical media manipulation District of Columbia and his fellow tional scheme for embedding deliberation that is crippling public life.They propose a Washingtonians.This book chronicles in the practice of American democratic new national holiday—Deliberation Day— Hahn’s social and political life as a native government. At the heart of it is a process for each presidential election year. On this Washingtonian. for the adjudication of issues of public day people throughout the country would policy by assemblies of randomly selected meet in public spaces and engage in struc- citizens—a fourth branch of government tured debates about issues that divide the he calls the “popular branch”—resulting in candidates in the upcoming presidential the enactment of laws subject both to election. judicial review and to possible veto by the executive and legislative branches. continued on next page ➤ ˘ Books in Print

Harold Newman and Jon O. Newman A Genealogical Chart of Greek Mythology University of North ➤ Books continued from previous page Carolina Press, 2003 Marnia Robinson This work by Harold Newman and son Jon Peace Between the Sheets: Free Culture: O. Newman ’56 is the first comprehensive Healing with Sexual Relationships How Big Media Uses genealogical chart of virtually all of the Frog, Ltd., 2004 Technology and the Law named figures of Greek mythology that Robinson ’79 explains why relationships so can be shown to be related.The product of to Lock Down Culture often start out great—and then painfully more than 35 years of research, the book and Control Creativity deteriorate.Within the human brain a includes a 72-page continuous chart that Penguin Press, 2004 primitive urge to seek pleasure and reward links 3,673 named figures into a single can eventually drive people apart. While new technologies always lead to “family tree”spanning 20 generations and new laws, Lessig ’89 shows that never Robinson offers ways to outmaneuver an 80-page index that provides a citation biology to bring couples to intimacy. before have the big cultural monopolists to authoritative ancient sources for each drummed up such unease about these relationship. advances—especially the Internet—to David Schoenbrod and Ross Sandler shrink the public domain, while using the Democracy By Decree: What Happens Jedediah Purdy, Editor same advances to control what we can When Courts Run Government Democratic Vistas: Reflections on and can’t do with the culture all around us. , 2003 the Life of American Democracy What’s at stake is our freedom—to create, Do you want unelected lawyers to control to build, and ultimately, to imagine. Yale University Press, 2004 your government? They already do, argues More than a dozen contributors consider this new book by Schoenbrod ’68 and the nature and prospects of democracy as Catharine A. MacKinnon Sandler.Together, they explain how courts it relates to the American experience— and Reva B. Siegel, Editors and lawyers have come to control many of free markets, religion, family life, the Cold Directions in Sexual the most important programs of state and War, higher education, and more. Based on local government from education and ser- Harassment Law the Tercentennial DeVane Lectures deliv- vices for the homeless to foster care and Yale University Press, 2003 ered at Yale University, and edited by Purdy prisons, and what should be done about it. MacKinnon ’77 collaborates ’01, essayists include Dean Anthony T. with Reva Siegel ’86, Nicholas Kronman ’75, Stephen L. Carter ’79, and deB. Katzenbach Professor of Ian Shapiro ’87. Law, and other authorities to The Moral Foundations appraise what has been accomplished in of Politics Kent Roach and Robert J. Sharpe, the field of sexual harassment law and Yale University Press, 2003 Editors what still needs to be done. Siegel’s intro- When do governments ductory essay considers how sexual Brian Dickson: A Judge’s Journey merit our allegiance, and harassment came to be regulated as sex University of Toronto Press, 2003 when should they be llm discrimination. Other YLS faculty contribu- Roach ’88 and Sharpe have written denied it? Ian Shapiro ’87, tors include , an accessible biography of one of Canada’s William R. Kenan, Jr. Professor and ’58, ’78, Judith Resnik, and greatest legal figures, Brian Dickson. Chairman of Political Science and Robert Post ’77. Their book traces Dickson’s life from a Professor (Adjunct) of Law, investigates Depression-era boyhood in Saskatchewan, this most enduring of political dilemmas to the battlefields of Normandy, the board- in this innovative book. Shapiro discusses rooms of corporate Canada, and high judi- the different answers that have been pro- cial office, while providing an inside look at posed by the major political theorists in the work of the Supreme Court during its the utilitarian, Marxist, and social contract most crucial period. traditions over the past four centuries. 26 |27 YLR Summer 2004

James Gustave Speth Red Sky at Morning: Anthony T. Kronman, Editor America and the Crisis History of the Yale Law School: of the Global Environment The Tercentennial Lectures Yale University Press, 2004 Yale University Press, 2004 Speth ’69, dean of the Yale In the spring of 2001, Yale Law School marked the School of Forestry and University’s Tercentennial with a lecture series Environmental Studies, warns devoted to tracing the history of YLS from its early that in spite of all the international nego- 19th-century beginnings in a New Haven law office to tiations and agreements of the past two decades, efforts to protect Earth’s environ- the present time. The series consisted of six lectures: one by former professor llm ment are not succeeding. Still, he says, the Robert Stevens ’58 , entitled “History of the Yale Law School: Provenance and challenges are not insurmountable, and Perspective”; two by of Law and Legal History John Langbein, he offers comprehensive, viable new entitled “Blackstone, Litchfield, and Yale: The Founding of Yale Law School” and strategies for dealing with environmental “Law School in a University: Yale’s Distinctive Path in the 19th Century”; one threats around the world. by Chancellor Kent Professor of Law and Legal History Robert Gordon, entitled “Professors and Policy Makers: Yale Law School in the New Deal and After”; one by Robert Stevens Larned Professor Emeritus of History Gaddis Smith, entitled “Law, Politics, and the University to Uni: University in the 20th Century”; and one by former visiting professor Laura Kalman, The Politics of Higher Education entitled “From Legal Process to Law and Economics Without Stopping at Critical Politico’s Publishing, 2004 Legal Studies: Yale Law School in the 1960s and 1970s.” Stevens ’58 llm draws on a lifetime of The six lectures were gathered into a book published in March of 2004 by the experience at the highest levels of univer- Yale University Press. Dean Anthony Kronman ’75, assisted by a gift from the sity education around the world to pro- Anchorage Charitable Fund through the generosity of Elizabeth R. and Michael A. vide an authoritative and accessible Varet ’65, arranged to send a copy of the book to every YLS graduate and to every account of the history and politics of current YLS student and faculty member. (The books were mailed to graduates in the higher education in Britain in modern spring; if you have not received your copy, please contact the YLS Office of Alumni times. and Public Affairs at 203 432-8464.) Œ

Michael Irven Swygert And,We Must Make Them Noble: A Contextual History of ALSO OF NOTE William N. Eskridge, Jr. ’78 the Valparaiso University and Nan D. Hunter Carolina Academic Press, 2004 Edward H. Bonekemper ’67 Sexuality, Gender and the Law In this book, Swygert ’68 llm traces the A Victor, Not a Butcher: (Second Edition) evolution of one small law school in Ulysses S. Grant’s Overlooked America’s heartland—the Valparaiso Foundation Press, 2003 University School of Law—and examines Military Genius the individuals who fashioned a distinc- Regnery Publishing, 2004 Jerry L. Mashaw, Richard A. Merrill, tive form of legal education, one that pro- and Peter M. Shane ’77 vides students with the necessary knowl- Nora V. Demleitner ’92, Administrative Law: The American edge and skills of law practice, while still Douglas A. Berman, Marc L. Miller, Public System, Cases and Materials furnishing opportunities for the develop- and Ronald F.Wright ’84 (Fifth Edition) ment of moral, ethical, and religious Sentencing Law and Policy: Cases, West, 2003 values. Œ Statutes, and Guidelines Aspen Publishers, 2004 Austin D. Sarat ’88, Lawrence R. Douglas ’89, and Martha Umphrey, Editors Law’s Madness UMP, 2003 Œ