Table of Contents

Chapter 1 Preface: What Is a Militant Moderate? Part 2 Part I: Civil Rights and Wrongs Chapter 3 Affirmative Action I: Don't Mend It or End It—Bend It Chapter 4 Affirmative Action II: The Supreme Court Botches the Job Chapter 5 Affirmative Action III: Racial Preferences in Supreme Court Nominations Chapter 6 Groups and Equal Protection: The Flawed Theory of Owen Fiss Chapter 7 Race Matters: The Incoherence of Cornel West Chapter 8 Slavery Reparations: A Misguided Movement Chapter 9 Housing Integration: Use Vouchers, Not Courts Part 10 Part II: The Culture Wars Chapter 11 The Pledge of Allegiance: A Noncoercive Endorsement of Religion Chapter 12 School Vouchers: A Compelling Case for Choice Chapter 13 Military Recruitment on Campus: The Solomon Amendment Chapter 14 Expressive Groups: Political Parties and Gays in the Boy Scouts Chapter 15 Professors and Profession: An Odd Couple Chapter 16 Tax Day: Deficit Reduction Made Easy Part 17 Part III: The Rule of Law Chapter 18 Class Actions: Analyzing the Issues Chapter 19 Punitive Damages: Lawless (In)justice Chapter 20 Lying: Law's Ambivalence Chapter 21 Civil Juries: Here to Stay Chapter 22 Impact Litigation: Courts and Institutional Reform Chapter 23 Gun Control: Keeping Tort Law in Its Place Chapter 24 Tort Reform: A Mixed Bag Chapter 25 Surrogate Motherhood: Reflections on Baby M Part 26 Part IV: Dealing with Terrorism and Victims Chapter 27 Preemptive Strikes: Revising the UN Charter Chapter 28 Profiling: The Uses of Stereotypes Chapter 29 Compensating Victims: Some Hard Questions Chapter 30 The 9/11 Compensation Fund: A Bad Precedent Chapter 31 Adjudicating Terrorism: A Hybrid Model Court Part 32 Part V: A Nation of Immigrants Chapter 33 Immigration, Diversity, and Nationhood: The Formula Still Works Chapter 34 Refugees: Protecting More by Sharing the Burden Chapter 35 Reforming the 1996 Immigration Reform: Advice to President Bush Chapter 36 Citizenship after 9/11: Continuity and Change Chapter 37 Immigrant Voting: Wrong Response to a Genuine Need Part 38 Part VI: Developing Giants Chapter 39 China: Forward and Backward Chapter 40 India: What the Raj Wrought Part 41 Part VII: The Future of Liberalism Chapter 42 Rethinking Liberalism: A Paradox Unresolved Chapter 43 Diversity: Society's Teacher Chapter 44 Punctilios for a Diverse Society: Candor and Thicker Skins Chapter 45 The 2004 Elections: A Militant Moderate's Interpretation

About the Author

Peter H. Schuck is Simeon E. Baldwin Professor of Law at Yale Law School.

Reviews

Can affirmative action be fixed? Did 9/11 victims deserve special compensation? When is stereotyping necessary? In the age of Michael Moore and Ann Coulter, Peter Schuck shows that the middle, far from being a halfway house, has an intellectual vibrance all its own, and he reminds a hyperventilating culture that in the values debate the greatest strength of all—wisdom—is in the center. Dip into Meditations of a Militant Moderate and meet one of the best essayists of our time.
*Jonathan Rauch, syndicated columnist and senior writer, National Journal*

Peter Schuck demonstrates in most vivid fashion that political moderation need not entail avoiding offense or controversy, much less seeking compromise for its own sake. His essays are provocative and far from consensual. But his approach to public policy is invariably intelligent, thoughtful, practical, and incremental—qualities all too scarce in this era of polarized politics and ideologically driven initiatives at home and abroad.
*Thomas Mann, The Brookings Institution*

We live in a Crossfire world—even if the CNN show Crossfire is gone—most of our public discourse features people at one end of the political spectrum screaming at people at the other end, or people whose job is to spin madly for one party shouting at the spinners on the other side. What about those who are not wingers, or who have no interest in pandering to a political party? That is where Peter Schuck comes in. Meditations of a Militant Moderate gives us thoughtful, reasoned, and straightforward analysis and commentary on some of the most important and volatile issues of our time. You don't have to agree with Peter on every issue to appreciate the class with which he handles his arguments and the insights he brings to the social, legal, and political spheres. What a refreshing antidote to the mindless cacophony.
*Norman Ornstein, resident scholar, American Enterprise Institute*

Peter Schuck's book is a provocative read in the best sense of the phrase—it provokes thinking. Schuck looks at contemporary issues in a way that should make people of all political beliefs want to look at those issues again.
*Senator Joseph I. Lieberman (D-Conn.)*