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Books in Print Here’S Just a Sampling of the Many Other Books Recently Philip Galanes Written Or Edited by Our Alumni, Faculty, Staff, and Students 14 15 yale law report summer 2008 books in print Here’s just a sampling of the many other books recently Philip Galanes written or edited by our alumni, faculty, staff, and students. Emma’s Table: A Novel Harper Collins Publishers, 2008 We welcome your submissions. If possible, please send us two review copies of your book: one for the Lillian Goldman Novelist Galanes ’91 offers the tale of Emma Sutton—a one-time media darling Law Library and one for the Alumni Reading Room. who is fresh from a yearlong stretch in prison. Emma finds her life just as she left it before her incarceration: filled with glit- tering business successes and bruising Michael Abramowicz Edward H. Bonekemper III personal defeats. Emma is eager to put her Predictocracy: Market Mechanisms for Grant and Lee: Victorious American “difficulties” behind her, but the ruthless- Public and Private Decision Making and Vanquished Virginian ness with which she pursues an exquisite Yale University Press, 2008 Praeger Publishers, 2007 antique dining table underscores just how Predicting the future is a Bonekemper ’67 offers a hard true redemption is going to be. defendant were assured that they would be safe from dam- serious business for virtu- multi-theater, war-long com- From Moral nation as long as their doubts were not “reasonable.” ally all public and private parison of the commanding Michael D. Goldhaber In making his case, Whitman delves into a history that institutions, for they must general skills of Ulysses S. A People’s History of the European reaches deep into Antiquity, when the Christian theology often make important Grant and Robert E. Lee. The Court of Human Rights Comfort to Moral of judging first formed, and continues into the Middle Ages, decisions based on such book clarifies the impact Rutgers University Press, 2007 when the Common Law and Civil Law traditions emerged predictions. Abramowicz both generals had on Goldhaber ’93 introduces Certainty out of the decline of the judicial ordeal. His book then car- ’98 explores how institu- the outcome of the Civil American audiences to the ries the story into the seventeenth and eighteenth centu- tions from legislatures to War while also providing judicial arm of the Council corporations might improve their predic- readers with eighteen battle maps and James Q. Whitman ries, when the “reasonable doubt” rule emerged during an of Europe, whose mission is tions and arrive at better decisions by a set of appendices that describes the The Origins of Reasonable Doubt: era of constitutional and legal crisis in the Anglo-American centered on interpreting the means of prediction markets, a promising casualties incurred by each army, battle Theological Roots of the Criminal Trial world. Throughout all these centuries, he argues, Christian European Convention on new tool with virtually unlimited potential by battle. Yale University Press, 2008 judges and jurors both sought “moral comfort”— means of assur- Human Rights. He describes applications. ing themselves that they could convict defendants without fear the ways in which the Mary L. Dudziak Council has routinely con- “Beyond a reasonable doubt” is a key phrase in of risking their own salvation. Exporting American Dreams: A.C.E. Bauer fronted nations over their most culturally- the American criminal justice system, heard from the highest Today, these theological concerns have vanished. Yet even in No Castles Here Thurgood Marshall’s African Journey sensitive, hot-button issues, arguing that courts in the nation to prime-time television dramas. Yet, as the absence of the psychological context of moral peril in which Random House Books for Young Readers, 2007 Oxford University Press, 2008 in the battle for the world’s conscience, the Ford Foundation Professor of Comparative and Foreign Law our ancestors lived, the reasonable doubt rule has survived, but In her first novel, Alice Thurgood Marshall became court in Strasbourg may be pulling ahead. James Q. Whitman ’88 observes in The Origins of Reasonable Doubt: has come to be viewed as a protection for defendants—a means Bauer ’86 tells the story of a living icon of civil rights of making conviction harder, rather than easier for jurors. No Theological Roots of the Criminal Trial, the term has become fraught an eleven-and-a-half year when he argued Brown v. David S. Grewal with uncertainty of meaning as judges, lawyers, and jurors longer seen as a means of moral comfort for jurors, the rule is old boy in Camden, New Board of Education before Network Power: struggle with vague definitions of what makes a defendant now a type of exhortation against easy conviction, a warning to Jersey. Written for ages the Supreme Court in 1954. The Social Dynamics of Globalization guilty “beyond a reasonable doubt.” jurors that they must have moral certainty in their decision. nine and up, the book tells Six years later, he was at Yale University Press, 2008 Whitman writes in the book’s introduction: Whitman writes: the story of Augie Boretski, a crossroads. A rising Grewal ’02 draws on several who is badly bullied but generation of activists ‘Beyond a reasonable doubt’ is among the most majestic phrases The problems of our world are not the problems of the eighteenth centuries of political and finds respect with the help were making sit-ins and social thought to show how in our law; but in practice it is vexingly difficult to interpret and century, or the thirteenth century, or the fourth century. Jurors of a gay mentor from the Big Brothers pro- demonstrations rather than lawsuits globalization is best under- apply. There is always some possible uncertainty about any case. today bring relatively few Christian qualms to the process of gram, a really tough sixth grade teacher, the hallmark of the civil rights move- stood in terms of a power Exactly what kind of uncertainty counts as a legal ‘doubt’? judgment, and we have little need for a rule intended to coax and the last of the fairy godmothers. ment. What role, he wondered, could inherent in social relations, Exactly when are legal ‘doubts’ about the guilt of the accused them into convicting. Moreover, they rarely face cases in which he now play? When in 1960 the Kenyan which he calls network ‘reasonable’ ones? there is no real factual uncertainty. We can no longer instruct independence leaders asked him to power. Using this frame- jurors that their job is to ‘confirm’ an obvious truth. The very help write their constitution, Marshall work, he demonstrates In this 288-page historical examination, Whitman argues that task of the trial has changed in a modern urban world. threw himself into their cause. Dudziak how our standards of social coordination the modern legal system has lost sight of the original purpose ’84 recounts the untold story of Marshall’s both gain in value the more they are used of the reasonable doubt rule. According to Whitman, the idea Asking twenty-first century jurors to abide by an eighteenth- journey to Africa. and undermine the viability of alternative of “reasonable doubt” was originally not a rule of law at all, but century instruction, Whitman says, “is neither wise nor kind.” forms of cooperation. a rule of theology. And its original function was not to protect Ultimately Whitman argues for a return to the original spirit the accused, but to protect the souls of jurors. The doctrine, he of reasonable doubt—that is, a focus on the fact that a juror’s explains, was created to make conviction easier —jurors who decision is, at its core, a moral one on which another person’s feared losing their own salvation in convicting an innocent fate rests. 16 17 yale law report summer 2008 books in print Charles Halpern Daniel J. Kornstein Richard Revesz and Michael Livermore Making Waves and Riding the Currents: Partial Verdicts: Essays on Law and Life Retaking Rationality: Activism and the Practice of Wisdom AuthorHouse, 2008 How Cost Benefit Analysis Can It is a bit odd for any nation to be deeply divided, Berrett-Koehler Publishers, 2008 Better Protect the Environment In essays that are by turns and Our Health witlessly vulgar, religiously orthodox, Public interest advocate and serious, whimsical, medita- Oxford University Press, 2008 social innovator Halpern ’64 tive, and witty, Kornstein ’73 militarily aggressive, economically savage, offers a memoir about working explores various aspects of Revesz ’83 and Livermore argue and ungenerous to those in need, while maintaining for a more just, compassionate, the legal profession based that one of the least under- and sustainable world while on his thirty-five years of “a political stability, a standard of living, and love stood—and most important— cultivating the wisdom that experience as an attorney. causes of our failure to protect of country that are the envy of the world supports and deepens this work. Mary Gardiner Jones He uses the legal discipline the environment has been a With forewords by Robert B. Tearing Down Walls: as a springboard for musings of a general misguided rejection of reason. —all at the same time. Reich ’73 and the Dalai Lama, A Woman’s Triumph nature. They believe that by embrac- the book aims to teach readers about Hamilton Books, 2007 ing and reforming cost-benefit integrating the inner and outer work In this memoir, Jones ’48 Charles Lane analysis, and by joining reason of their lives through the practice of The Day Freedom Died: offers a look back at her and compassion, progressive groups can wisdom. The Colfax Massacre, the Supreme Court, life—including her relation- help enact strong environmental and and the Betrayal of Reconstruction ship with her forceful and public health regulation. Henry Holt and Co., 2008 ” Joshua Hawley domineering mother, the vir- Peter H.
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