Peter H. Schuck - Böcker

Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War’s farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions.In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law.The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.

America is the first society in history to make ethno-racial diversity an affirmative social ideal rather than viewing it as a fearful menace, as almost all other societies still do. Since the 1960s, America has pursued this ideal in many forms—not only to remedy past discrimination against minorities but also to increase diversity for its own sake.It is high time for an accounting. How diverse are we now and what can we expect in the future? Why do we, unlike the rest of the world, think that diversity is desirable and that more of it is better? What risks does diversity pose? What are the roles of law, politics, and informal social controls in promoting diversity? How can we manage diversity better?In this magisterial book, Peter H. Schuck explains how Americans have understood diversity, how we came to embrace it, how the government regulates it now, and how we can do better. He mobilizes a wealth of conceptual, historical, legal, political, and sociological analysis to argue that diversity is best managed not by the government but by families, ethnic groups, religious communities, employers, voluntary organizations, and other civil society institutions. Analyzing some of the most controversial policy arenas where politics and diversity intersect—immigration, multiculturalism, language, affirmative action, residential neighborhoods, religious practices, faith-based social services, and school choice—Schuck reveals the conflicts, trade-offs, and ironies entailed by our commitment to the diversity ideal. He concludes with recommendations to help us manage the challenge of diversity in the future.

From healthcare to workplace and campus conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often--and how it might become more effective--is a vital responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.

A unique primer on how to think intelligently about the thorniest public issues confronting us today Let's be honest, we've all expressed opinions about difficult hot-button issues without always thinking them through. With so much media spin, political polarization, and mistrust of institutions, it's hard to know how to think about these tough challenges, much less what to do about them. One Nation Undecided takes on some of today's thorniest issues and walks you through each one step-by-step, explaining what makes it so difficult to grapple with and enabling you to think smartly about it. In this unique what-to-do book, Peter Schuck tackles poverty, immigration, affirmative action, campaign finance, and religious objections to gay marriage and transgender rights. For each issue, he provides essential context; defines key concepts and values; presents the relevant empirical evidence; describes and assesses the programs that now seek to address it; and considers many plausible solutions. Schuck looks at all sides with scrupulous fairness while analyzing them rigorously and factually.Each chapter is self-contained so that readers may pick and choose among the issues that interest and concern them most. His objective is to educate rather than proselytize you--the very nature of these five issues is that they resist clear answers; reasonable people can differ about where they come out on them. No other book provides such a comprehensive, balanced, and accessible analysis of these urgent social controversies. One Nation Undecided gives you the facts and competing values, makes your thinking about them more sophisticated, and encourages you to draw your own conclusions.

From healthcare to workplace and campus conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often--and how it might become more effective--is a vital responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.

How to think intelligently about the most divisive public issues confronting us todayWe’ve all expressed opinions about difficult hot-button issues without thinking them through. With so much media spin, political polarization, and mistrust of institutions, it’s hard to know how to think about these tough challenges, much less what to do about them. One Nation Undecided takes on some of today’s thorniest issues and walks you through each one step-by-step, explaining what makes it so difficult to grapple with and enabling you to think smartly about it. In this unique what-to-do book, Peter Schuck tackles poverty, immigration, affirmative action, campaign finance, and religious objections to gay marriage and transgender rights. No other book provides such a comprehensive, balanced, and accessible analysis of these urgent social controversies. One Nation Undecided gives you the facts and competing values, makes your thinking about them more sophisticated, and encourages you to draw your own conclusions.

Vital center. Radical middle. Amid the red state/blue state divide, is there now space for an iconoclastic militant moderate? In this unusual and remarkably readable collection of short essays on a wide variety of hot-button public issues—race, affirmative action, surrogate motherhood, diversity, immigration, compensation of 9/11 victims, exclusion of gays from the Boy Scouts and the military, the 2004 election, the rule of law in developing countries, the invasion of Iraq, and many more—Yale Law School professor Peter H. Schuck reveals the distinctive sensibility and policy orientation of a militant moderate: pragmatic, reformist, nonideological, empirically minded, and skeptical of many liberal and conservative pieties.

Vital center. Radical middle. Amid the red state/blue state divide, is there now space for an iconoclastic militant moderate? In this unusual and remarkably readable collection of short essays on a wide variety of hot-button public issues—race, affirmative action, surrogate motherhood, diversity, immigration, compensation of 9/11 victims, exclusion of gays from the Boy Scouts and the military, the 2004 election, the rule of law in developing countries, the invasion of Iraq, and many more—Yale Law School professor Peter H. Schuck reveals the distinctive sensibility and policy orientation of a militant moderate: pragmatic, reformist, nonideological, empirically minded, and skeptical of many liberal and conservative pieties.

Should chronically disruptive students be allowed to remain in public schools? Should nonagenarians receive costly medical care at taxpayer expense? Who should be first in line for kidney transplants—the relatively healthy or the severely ill? In T argeting in Social Programs , Peter H. Schuck and Richard J. Zeckhauser provide a rigorous framework for analyzing these and other difficult choices. Many government policies seek to help unfortunate, often low-income individuals—in other words, ""bad draws."" These efforts are frequently undermined by poor targeting, however. In particular, when two groups of bad draws—""bad bets"" and ""bad apples""—are included in social welfare programs, bad policies are likely to result. Many politicians and policymakers prefer to sweep this problem under the rug. But the costs of this silence are high. Allocating resources to bad bets and bad apples does more than waste money—it also makes it harder to achieve substantive goals, such as the creation of safe and effective schools. And perhaps most important, it erodes support for public programs on which many good bets and good apples rely. By training a spotlight on these issues, Schuck and Zeckhauser take a first step toward much-needed reforms. They dissect the challenges involved in defining bad bets and bad apples and discuss the safeguards that any classification process must provide. They also examine three areas where bad apples and bad bets loom large—public schools, public housing, and medical care—and propose policy changes that could reduce the problems these two groups pose. This provocative book does not offer easy answers, but it raises questions that no one with an interest in policy effectiveness can afford to ignore. By turns incisive and probing, Bad Draws will generate vigorous debate.

The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative,underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.

The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative,underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.

The book collects almost thirty-five opinion pieces, essays, and two poems by the author on a wide variety of public policy topics written and published between 2006 and 2022. The author, a self-described “militant moderate,” draws on his participation in many public debates. The articles are grouped into six, topical groupings that range widely: the growing need for moderate voices in policy debates; the nature of American exceptionalism; the challenge of civic discourse; the depredations of the Trump years; and policies concerning immigration, citizenship, and refugees.