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Navigating The Transition To A More Innovation-Centric Antitrust (Review Of Richard J. Gilbert, Innovation Matters), Jonathan Baker

Book Reviews

Review of Richard J. Gilbert Innovation Matters: Competition Policy for the High-Technology Economy MIT Press 2020

The Breakthrough: Human Rights In The 1970s (Book Review), Richard Wilson

Book Reviews

The Breakthrough, as the title suggests, is a kind of sequel to the provocative work of human rights history’s current enfant terrible, Samuel Moyn. He co-edits this volume of contributed works with a kindred colleague, Jan Eckel, who teaches modern and contemporary history at the University of Freiburg, Germany. In an early footnote, Moyn recognizes the similarity of the project he and Eckel share: “[Eckel and I] propose somewhat different interpretations of why the decade [of the 1970s] was so pivotal.” Moyn, until this year a professor of history at Columbia University, and who is also trained in law, joined …

Time Out Of Joint, Kenneth Anderson

Book Reviews

(reviewing War Time: An Idea, Its History, Its Consequences by Mary L. Dudziak) American University, WCL Research Paper No. 2013-10Abstract:The meaning of time in war is the topic of legal historian Mary L. Dudziak's 2012 book. This extended review essay (30 pp) considers both on its own terms of cultural criticism, and then from the standpoint of rationalist and realist critics. The book's overall cultural claim is that time in war is its own category and has effects and meaning in war independent of the considerations of security, liberty, and necessity in war that are often thought to be all …

Book Review: The Public International Law Regime Governing International Investment, By Jose E. Alvarez, The Hague: Hague Academy Of International Law, 2011, Pp. 502, Susan Franck

Book Reviews

Jose Alverez's recent book, The Public International Law Regime Governing International Investment, places international investment law firmly within the rubric of public international law. Historically, international investment law might have been classified as pure private international law given the private commercial actors and investment activities involved. Alvarez posits that a dichotomous public versus private law paradigm does not work in the context of international investment and makes the implicit explicit by considering investment law’s unique, arguably sui generis, hybrid essence that crosses the public and private international law divides. This book review explores Alvarez's primary thesis and his extended exposition …

Book Review: Pregnant Pause: An International Legal Analysis Of Maternity Discrimination, Candace S. Kovacic-Fleischer

Book Reviews

Professor Kovacic-Fleischer reviewed Pregnant Pause, which collects legal documents relating to workplace discrimination with emphasis on maternity and paternity leave issues. The book suggests that the United States should provide paid maternity leave as most countries do and paternity leave as some countries do. No country provides women and men with equal amounts of paid family leave. Pregnant Pause explains that without maternity leave, women may lose jobs when they have a baby and/or may pay an economic “child penalty.” Pregnant Pause notes that depending on how much or little leave and pay is allocated to men, parental leave policies …

Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson

Book Reviews

A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.

Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus

Book Reviews

American constitutional historians and jurists have debated for decades what to make of the Constitution's relative silence about foreign affairs. The framers said a good deal about one aspect of foreign affairs—war powers. However, there are only a few provisions dealing with diplomacy and foreign affairs more generally, empowering the President to make treaties and name ambassadors, but only with the advice and consent of the Senate. Nonetheless, the lesson of American history and constitutional law, at least since the early twentieth century, is that the President has the preeminent if not exclusive role in shaping and conducting U.S. foreign …

The Long War, The Federal Courts, And The Necessity / Legality Paradox, Stephen I. Vladeck

Book Reviews

This paper is a solicited review of Ben Wittes's book "Law and the Long War: The Future of Justice in the Age of Terror," which rightly suggests that there would be far less legal uncertainty today vis-a-vis the conduct of the war on terrorism had the Bush Administration sought - and had Congress provided - framework legislation governing issues ranging from the detention of "enemy combatants" to surveillance and even interrogation.

Nevertheless, the review takes issue with Wittes's critique of the role of the courts thus far, especially his contention that the Supreme Court's decisions to date may be seen …

What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson

Book Reviews

This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006).

International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, and similar issues. The volume under review seeks to cover both aspects of the debate, with emphasis on the latter, narrower issues. The review essay argues …

What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson

Book Reviews

American University, WCL Research Paper No. 2009-18Abstract:This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006); following AJIL permission, it is given in unedited form and is available in final form in 103 AJIL 1 (January 2009).International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, …

Book Review: Stephen Hopgood, 'Keepers Of The Flame: Understanding Amnesty International', Kenneth Anderson

Book Reviews

American University, WCL Research Paper No. 2008-66Abstract:This brief review (1100 words) examines Stephen Hopgood's half journalism-half anthropological journey inside the world of Amnesty International. The book is an outstanding piece of both reportage and analysis, and the review discusses the various pressures, political and ideological and social, on AI and those that work in its International Secretariat. As the review notes, AI is more like a religious order than anything else, and that observation has ramifications for the NGO world beyond AI.

The Past, Present, And Future Of The United Nations: A Comment On Paul Kennedy And The Parliament Of Man, Kenneth Anderson

Book Reviews

The Parliament of Man: The Past, Present, and Future of the United Nations (ISBN 978-84-8306-737-6) American University, WCL Research Paper No. 2008-70AbstractThis is the English language version of an essay (10,000 words) appearing in the Revista de Libros (Madrid), considering the history and future of the United Nations and global governance through the lens of Paul Kennedy's recent work, The Parliament of Man. The essay is highly skeptical of what it describes as platonism about the future of the UN as the seat of global governance. It offers an alternative view of how to consider the work of the UN, …

States Of Terror, States Of Consent: Philip Bobbitt's Strategic Transnational Politics For The Twenty-First Century, Kenneth Anderson

Book Reviews

American University, WCL Research Paper No. 2008-64Abstract:This essay is a book review from the Times Literary Supplement of Philip Bobbitt's widely remarked and admired Terror and Consent. The review compares Bobbitt's unabashedly strategic view of the response of democratic states to terrorism, and contrasts it with more narrowly cost-benefit analysis-driven approaches to responding to terrorism. The review criticizes 'tactical' approaches to terrorism as too focused upon 'event driven catastrophism'. The review considers Bobbitt's analysis of the changing nature of states, and the rise of what he calls the 'market-state'. The essay ends by querying whether the market-state, as Bobbitt conceives …

Going It Alone: The Terror Presidency: Justice And Judgment Inside The Bush Administration, Kenneth Anderson

Book Reviews

Jack Goldsmith's The Terror Presidency is one of the most important evaluations of the Bush Administration's War on Terror to come from inside the administration. More than just a memoir, the book offers a cogent historical and legal analysis of the profound dilemmas that confront administration officials caught between competing demands of protecting the American public while respecting civil liberties. The review sympathetically considers the issues as presented in the book, and traces through the ways in which these difficult matters, all the ones that have confronted the Bush administration and created so many political disputes, will continue to confront …

Adios A Todo Eso: Un Requiem Por El Neoconservadurismo (Ensayo Sobre Despues De Los Neocons: Por Francis Fukuyama), Kenneth Anderson

Book Reviews

This review essay from the Revista de Libros (Madrid) is a Spanish translation and adaptation of a review that originally appeared in the Times Literary Supplement (London) in September 2006, of Francis Fukuyama, After the Neocons (Profile/Yale UP 2006). (Traducido del ingles por Luis Gago, Revista de Libros.)El ensayo considera los argumentos sobre el neoconservadurismo ofrecidos por Francis Fukuyama - tanto la historia intelectual del neoconservadurismo como un analisis de sus exitos y fracasos.(The review praises Fukuyama's sober and careful intellectual history of neoconservatism, and breaks the idea down into seven interrelated propositions. It considers Fukuyama's argument that neoconservatives violated …

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Book Reviews

This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson

Book Reviews

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.

Expanded Horizons: Memory, Memorials And Manhattan's Living Skyline, Kenneth Anderson

Book Reviews

Book Review of James Sanders, Celluloid Skyline: New York and the MoviesSome cities are characterized by their monuments. Paris is one, and Washington another. Unsurprisingly, these are also cities characterized by being the seat of government, cities of the State, urban spaces delineated by ministries, bureaucracies, courts of law, the architecture of administrative apparatus, devoted to governing in the present in part by mythologizing, monumentalizing, the past. The myth-making need not be dictatorial, let alonetotalitarian or Stalinist, in its architectural effect. Nor is it necessary that in order for monuments to be enjoyed aesthetically, the politics and ideologies which gave …

The Guatemalan Ways Of Death, Kenneth Anderson

Book Reviews

Book review of Allen J. Christenson, Art and Society in a Highland Maya Community; Garrett W. Cook, Renewing the Maya World: Expressive Culture in a Highland Town; Diane M. Nelson, A Finger in the Wound: Body Politic in Quincentennial Guatemala; June C. Nash, Mayan Visions: The Quest for Autonomy in an Age of Globalization.

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Book Reviews

Review essay on National Reading Panel, Teaching Children to Read: An Evidence-Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction; G. Coles, Reading Lessons: The Debate Over Literacy; G. Coles, Misreading Reading: The Bad Science That Hurts Children; M. Stout, The Feel-Good Curriculum: The Dumbing Down of America's Kids in the Name of Self-Esteem; D. McGuinness, Why Our Children Can't Read and What We Can Do About It. What is it about teaching reading that arouses such passions in Americans? Shall we have phonics or whole language or both? Why this debate should be …

Get Smart: The Rise Of Authoritarianism And Our Crackpot Culture, Kenneth Anderson

Book Reviews

Review of "Sleeping With Extra-Terrestrials: The Rise of Irrationalism and Perils of Piety", by Wendy Kaminer, Pantheon (2000)Abstract:This essay reviews a book by distinguished cultural critic Wendy Kaminer on the rise in American society of culturally and politically powerful forces of irrational belief that have become increasingly able to impose what amounts to their private pieties on the polity and the public square. Kaminer has a wide range of targets in mind, ranging across the religious and belief spectrum, from Christian creationists to New Age occultists. She argues that the prevalent multicultural ethic gives them ground to demand that their …

Disneyworld Is Not Enough, Kenneth Anderson

Book Reviews

Review of The Mouse That Roared: Disney and the end of innocence, by Henry A. Giroux. Rowman and Littlefield, 12 Hid's Copse Road, Cumnor Hill, OxfordThis essay reviews a book of cultural criticism directed against what the author, Henry Giroux, regards as the corporate manipulation of culture, particularly the culture of children, by corporate interests, particularly the Disney company. The review argues that, contrary to Giroux's argument, Disney and such corporations relentlessly press the message of American left-liberal politically correct piety.

Women In Law, Susan Carle

Book Reviews

No abstract provided.

A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson

Book Reviews

This 1999 Los Angeles Times Book Review essay examines Richard and Joan Ostling's account of contemporary Mormonism in the United States. Richard Ostling, a reporter for Time Magazine, obtained extensive access to Mormon Church officials in the course of researching the book, and it gives the fullest account available currently of Mormon life in America. The review finds the book to be very evenhanded and objective, and perhaps the best introduction to the Mormon faith extant today, whether by Mormon church members or non-members.

Peepshow, Kenneth Anderson

Book Reviews

Book Review of Bob Woodward, "Shadow: Five Presidents and the Legacy of Watergate"In the months after the impeachment of William Jefferson Clinton, the race was on, publish or perish, to make some sense of the events of the last year. Notwithstanding that Bob Woodward is the dean of inside-Beltway reporting, the journalist who had defined coverage of presidential implosions, from Richard Nixon onward he faced stiff competition from a wide range of Clintonia writers, both journalists and former aides, including Michael Isikoff, George Stephanopoulos and Christopher Hitchens. Woodward's entry, "Shadow," attempts to cut loose from the crowd by being about …

The Erotics Of Virtue, Kenneth Anderson

Book Reviews

(Obituary Essay on Dominique Aury/Pauline Reage, Author of Story of O)This essay originally appeared in the LA Times book review as an obituary essay on Dominique Aury, author (under the name Pauline Reage) of the pornographic classic Story of O. The essay argues that Story of O is a fairy tale in which the heroine, O, seeks to escape from modernity's enforced virtues of equality, freedom, and choice into a world of the virtues of hierarchy - the eroticized analogues of religious submission. The novel is driven forward by a downward spiral in which O seeks to surrender herself to …

El Liberalismo Feminista De Martha Nussbaum, Macarena Saez

Book Reviews

No abstract provided.

The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement (London) conjoins two books - the first, by investment banker turned finance historian Peter L. Berstein, is a history of the idea of risk, as it developed from Renaissance times through contemporary finance. The second, by the former editor of the derivatives journal Risk, Lillian Chew, is an account of contemporary financial derivatives and their uses and abuses. The point of linking these two books in a single review is to point out that the basic ideas behind today's financial derivatives - forms of forwards, options, swaps, and so on - are …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

The Remoteness That Betrays Desire, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …