Review by Booklist Review
American University law professor Tsai (America's Forgotten Constitutions, 2014) explores the historical struggle for equality in the U.S. from a legal perspective. In this book, he approaches equality in practice through the lenses of fair play, rationality, anti-cruelty, and free speech to highlight the complications of equality and how to pursue it through alternative strategies when equality cannot be achieved on its own. Tsai uses legal cases, statutes, newspapers, and law reviews to provide greater context for his examination of the concept of practical equality and elaborate on how to promote and preserve this ideology. This could be challenging reading, at first, for those who are unfamiliar with constitutional history, but Tsai's clear writing and questioning approach make this ultimately both accessible and engaging. Readers interested in civil rights, constitutional law, and legal history will find Tsai's timely analysis to be deeply thought-provoking as the topic of egalitarianism remains highly contested in today's political discourse.--Raymond Pun Copyright 2018 Booklist
From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review
Tsai (America's Forgotten Constitutions), a law professor at American University, presents an unusually practical guide for advocates pursuing legal challenges to systemic inequalities in American society. Tsai argues that, while it would be gratifying to have courts apply 14th Amendment equal protection jurisprudence to eliminate all inequalities affecting minorities, women, and citizens and noncitizens alike in every case, courts are reluctant to make such sweeping rulings for a host of reasons-for example, fear of risking cultural disruption or popular blowback that might erode the courts' authority. In the face of such reluctance, Tsai proposes that challenges based on more limited and focused legal theories have a greater likelihood of success. He demonstrates how traditional legal concepts such as due process and First Amendment rights have underpinned successful challenges. He illustrates his points with examples that touch on many current highprofile controversies, including racial profiling, the passage of the Defense of Marriage Act, and the current administration's attempts to implement a ban on immigration from Muslim countries. Although his tactical suggestions are pragmatic, Tsai writes with passion about the moral necessity of eliminating the damage inequality does. This framework will resonate with readers interested in equality and advocacy. (Feb.) © Copyright PWxyz, LLC. All rights reserved.
(c) Copyright PWxyz, LLC. All rights reserved
Review by Kirkus Book Review
A timely review of America's pursuit of equality and pragmatic solutions to better achieve it.Tsai (Law/American Univ.; America's Forgotten Constitutions: Defiant Visions of Power and Community, 2014, etc.) argues that to overcome injustice and inequality, we must be open to "second-best solutions" and "workable alternatives" as a matter of constitutional duty to seek common ground. This approach, writes the author, "practical egalitarianismentails creating a long-term backup plan to deal with recurring situations where we struggle to enforce equality's demands. Practical egalitarians take seriously the basic idea of civic equality for all." Yet "equality," a loaded word with substantial variations in meaning and emphasis, can be tough to pin down. The author clearly understands this conundrum and addresses the issue with appropriate nuance and respect for diverse ideologies, and he argues that gradual and incremental developments can be just as important as massive legal battles, particularly in the advancement of fairness and free speech. Tsai examines how Americans have wrestled with equality throughout history, from slavery to the most recent ban on Muslim travelers, and the lessons we can draw from these struggles. Much of the book offers practical advice for spreading equality in the legal system, but he mostly avoids legalese, delivering his ideas in vivid prose: "Instead of flying higher and higher into theory in a quest for gorgeously rendered concepts that can solve all of our problems at once, our goal should be to immerse ourselves in the squalor of human existence." Like a battle "waged on multiple fronts," equality's advocates must be prepared to "initiate fresh lines of attack." The author's intended audience, however, is not entirely clear. The premise inherent in the subtitle will likely find currency among general readers, but the book seems best tailored for policymakers, scholars, jurists, and activists.A well-reasoned treatise on the history of equality in America and how best to secure it in the future. Copyright Kirkus Reviews, used with permission.
Copyright (c) Kirkus Reviews, used with permission.
