Yale Press Log

Sotomayor v. Myth of Judicial Activism

In the wake of the recent New Haven firefighters’ race-discrimination suit and the questioning of Supreme Court nominee Sonia Sotomayor, the judicial branch has been thrust once again into the national limelight. With it has arrived that most familiar of partisan legal tropes—the accusation of judicial activism, or “legislating from the bench”.

At its core, the debate over judicial activism pits the assertion that the Constitution is incontrovertible against the claim that the document may be reconsidered and amended to reflect changes in society. In his book, The Myth of Judicial Activism, Kermit Roosevelt III tackles this debate head-on through an analysis of several key cases concerning America’s most controversial issues, including gay rights and abortion. Roosevelt’s clear sense of constitutional doctrine will be helpful to any student of the law, as well as concerned citizens wondering the meaning behind the political buzzwords.

A balanced solution to the problem of climate change

While the recent climate change legislation passed in the House of Representatives represents the first time Congress has approved a bill targeted at global warming, its passage does not come without controversy. The focus of the bill is a cap-and-trade system in which the total amount of emission pollution is capped and companies can trade pollution permits. Over time, the cap decreases, theoretically driving up the cost of emissions and encouraging companies to develop cleaner technologies’; however, the system has been criticized as a tax by Republicans.

In his book A Question of Balance, William Nordhaus seeks out a solution to the problems of climate change through economic analysis. He provides a thorough breakdown of the costs and benefits of a variety of policy options. The economic models that he uses provide insight into the complexity of the problem and the difficulty in finding a solution. We hope Nordhaus' next book will detail ways to avoid the wasteful "compromises, carve-outs, concessions and out-and-out gifts" that seem to accompany the passage of every bill.

Tweeting a revolution

As a messy election unfolds in Iran, details of the situation have been broadcast throughout the world not only by the mainstream news media, but also by Iranian citizens who are members of social networking sites such as Twitter. Iranian officials have tried to block the flow of information, first by restricting foreign press and later by the government curbing access to Twitter and other internet resources. 

Jonathan Zittrain, author of The Future of the Internet--and How to Stop It, and the OpenNet Initiative have recently release a study on Internet Censorship in Iran. In an interview with the New York Times, Zittrain commented that Twitter is somewhat resistant to censorship because of its multiple methods of updating, including SMS text messaging. However, the Iranian government has also tried to restrict updates via this method by blocking text message service, for some say up to 24 hours. As we look to see how the situation plays out, it seems to be relevant to look at the apparent ascendancy of social media and how it informs our understanding of world affairs.

Two more "wonderful things" from YUP

Yale Press titles have earned recent accolades on the popular blog and self-proclaimed "directory of wonderful things", BoingBoing.net. James Boyle's The Public Domain was praised for its informative yet entertaining take on copyright law. In the review, the author lauded Boyle as "one of the most articulate, thoughtful, funny and passionate thinkers in the global fight for free speech..." From patents on peanut butter sandwiches to gene sequences and business ideas, The Public Domain reveals the intense modern struggle over intellectual property rights. While scanning the blogosphere, you might also have noticed Jonathan Zittrain's The Future of the Internet and How to Stop It making an appearance in BoingBoing's holiday gift guide. A "provocative, well-reasoned and sometimes frustrating book," according to the bloggingheads, Zittrain's recently published work makes a great gift for the techie on your list. To hear James Boyle on NPR's On the Media, click here. To learn more about Zittrain's The Future of the Internet and How to Stop It, look here.