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.