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Law, Liberty and the limits of Judicial ActivismReview Date: 2007-09-03
Judicial Activism, Conservative-StyleReview Date: 2007-12-10
The libertarian ideas animating Lochner were already losing popularity by 1905, but the court continued to police state regulation of business for more than thirty years, hampering social reform and causing huge damage to the credibility of the judiciary. As an example of sheer judicial assertion, Lochner was the Roe v. Wade of its day.
This book is short, clearly written, and alive to the ironies (and hypocrisies) of judicial activism, where one's view tends to depend on whether the activism in question is conservative or progressive. My only complaint is that parts of the book meander off the main subject and seem to have been stitched together from research the author did for other projects. For example, there's way too much material on New York state politics, and the long discussion of the libertarianism of Justice Stephen Field, although fascinating, is a bit misplaced, since Field was long dead by the time Lochner was decided! That said, history buffs and law students will get a lot out of this book.
Great book on Lochner and Negative Rights doctrineReview Date: 2003-11-19
Also discusses the Negative Rights (Substantive Due Process in law) doctrine and has a great bibliography.
The author is clearly a world expert in this field and I wish the book could have been longer. The author does not appear to be heavily biased either for or against Positive Rights (read Big) government.
Bibliography and timeline at the end of the book is great too.
Outstanding.
A terrific intro to substantive due processReview Date: 2003-05-04
Kens' book is by far the best of its type that I have read. The other books of this genre I've read in this genre deal too much with the proceedings of a case. For instance, Mr. Chadha had this legal problem, he got this lawyer, they went through this legal proceeding, they had to refine their arguments, they went to the next appellate court, blah blah blah. Frankly these kinds of details are boring, and give little if any insight into the importance of a given case.
Kens's has a different approach. Instead of going into great detail about why Mr. Lochner picked a given lawyer, Kens goes into great detail of the impetuses for the passage of the law that Mr. Lochner was challenging. He talks about the social and political climate of the times, tying in influential theories of the day like Social Darwinism and laissez-faire economics. Kens clearly places the case of Lochner v. New York in its historical framework. This, it seems, is a superior method for studying an important case like this one.
I would strongly urge this book to any professor teaching a constitional law/history class. I would also strongly recommend it to a student looking for a good introduction to the study of substantive due process.

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Convincing IndictmentReview Date: 2006-04-28
The CCW was a highly partisan commission that investigated northern military failures and scandals. Tap exposes how the committee's leaders Ben Wade and Zachariah Chandler tried to purge the Union army of all conservative elements, believing that only antislavery Republicans could win the War. While the committee did help expose racial atrocities and minor corruption, the total lack of military knowledge on the CCW more often than not impeded the war's prosecution. Pressure for a general advance may have contributed to the disaster at Fredericksburg. It is telling that the committee's favorite generals seemed to have been Ben Butler, John C. Fremont, Joe Hooker, Ambrose Burnside, and John Pope. A Must read for all Civil War nuts.
Should be on the bookshelfReview Date: 2005-11-25
The Radical Republicans and the control they wielded actually impacted military decision making in some instances.
Tap brings to light the attitudes, so much different than today, of politicians and their views of the still "young" institution of West Point.
Tap reveals the treatment West Point Democratic Generals received in the Radically Repubican run Federal government.
A good addition to your bookshelf.
Interesting and very readable analysis.Review Date: 1998-09-01
A Penetrating Study and a cautionary tale.Review Date: 1998-08-28

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McDonald's "Memoir" is excellent!Review Date: 2004-10-30
Recovering the PastReview Date: 2004-11-12
Forrest McDonald
Recovering the Past, a historian's memoir is written for "that elusive critter called the general reader, or, more precisely, for the vast number of people who genuinely love history for its own sake--which, as will become evident, I regard as eliminating a sizable majority of professional historians."
At the outset of the book it becomes clear that McDonald, who has lived and breathed the study of history for half a century, does not march in lock-step with most of his brethren in academia, an often mirthless, self-righteous breed with axes to grind. With a gift for coupling scholarship and insight with intelligent (and frequently irreverent) humor, McDonald deftly unravels tales of history gone awry, mishandled history, and misguided historians.
The book opens with a history of the writing of history. The nearly exponential increase of research materials available to historians during the nineteenth and twentieth centuries led to a simultaneous explosion of theories regarding both the craft and the responsibility of the historian. This is a clear and fascinating introduction to the story that follows.
Chapter two is a whirlwind history of America and the presidency. Some presidents are dispatched with a sentence, for example: "Fortunately for President Warren G. Harding, he died." "Taft was enormously fat and had the personality of a dead halibut." We get the backdrop against which American historiographers of the twentieth century will be set, and tune into the style and rhythm of trenchant wit that punctuates the book throughout.
Into this narrative enters young Forrest McDonald, a kid from east Texas growing up during the depression. He entered the University of Texas in the late 1940s. It was there that he realized that history was not a series of irrefutable, chronological "facts." Through back to back history courses he encountered renditions of the same events that were completely at odds with each other and professors who were openly hostile towards one another and the differing interpretations each favored.
McDonald introduces us to a world of history and historians that is such a battle ground that one wonders at the success of efforts to transform history into the stultifying, eyeball-glazing assemblage of dehumanized non-stories that fill our history textbooks.
The memoir of his life unfolds concurrently with the story of the revisionism that has dominated history in the latter half of the twentieth century. It is a story you will understand fully by the end of the book. As an indictment of revisionist history, McDonald makes his case.
McDonald's personal story is peopled with villainous swine, arrogant "new historians," a mentor who goes off the deep end, pompous, cowardly academicians, and numerous diligent historians with whom he has shared ideas and collaborated. Clearly, the most important person in his life is his wife, Ellen, of whom he says, "There may be no such thing as an indispensable man, but there is an indispensable woman."
The appendix alone is worth the price of the book. It is a reprint from Requiem, Variations on Eighteenth Century Themes, co-authored with his wife. The title, The Intellectual World of the Founding Fathers, speaks for itself. One cannot help but draw a parallel between McDonald and the founders whom he has spent so much of his life studying.
McDonald wades into controversy confidently and armed to the teeth. It is evident that the high ethical standards by which he gauges members of his profession are applied rigorously to his own work. It is exceptional to find work so painstaking scholarly (neither specifics nor generalizations are allowed to float around unsubstantiated) that is also delightful, sometimes gripping, sometimes laugh-out-loud funny reading.
Kathy Austell
November, 2004
"I celebrate myself"Review Date: 2005-08-30
Although McDonald has written a number of important books since the 1950s, the most important contribution of this brief and fast-paced memoir is the author's summary of twentieth-century American historiography from a conservative point of view. McDonald spends one of his seven chapters describing the "New History"-"The World as I Entered It"-and then harrumphs his way through the remainder of the century, concluding with some well-deserved tongue clucking at the malfeasance of Michael Bellesiles.
Unlike most memoirs, McDonald passes quickly over his earliest years, either because he's not the introspective sort or so that he can spend more time glorying in his early academic successes. His self-praise (though often deserved) will probably strike many readers as amusing. Many historians have probably thought, but few have written, "I did a smashing job; the book reads like a novel." (94)
Nevertheless, this is a fine memoir, easy to read and digest. You don't even have to like McDonald or his professional score-settling to admire his literary craftsmanship.
The state of history as a disapline over the 20th centuryReview Date: 2005-03-07

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Chillin' In The Old West!! Review Date: 2008-01-15
An entertaining and enlightening look at our ancestors.Review Date: 1999-03-28
A must read for anyone interested in learning about how our nineteenth century ancestors living on the American frontier sought to bring pleasure into their lives. The book's strongest point however, is also its weakest, as Dary attempts to address the entire spectrum of frontier society but, unfortunately, falls short. He fails to mention some of the so-called "fringe" elements of society that existed on the frontier long before the arrival of the waves of settlers from the east. Although there are entire chapters on the early explorers, mountain men, and Indians, little, if any, mention is made of the French-Indian mixed-blood settlements that already existed along the Missouri River and its tributaries such as the Kansas River. He also fails to address the pleasures sought by the black populace that started spreading westward after the Civil War. There is also only brief mention of the Chinese population that helped build the railroads and were present in just about every frontier town.
Despite these shortcomings, Dary's descriptions of pioneer life are fascinating. The simple things that bought pleasure to our ancestors are difficult for our modern society to understand. Perhaps Dary's most salient point is saved until the very end when he stresses how the pioneers created their own entertainment that almost always required active participation on their part and which usually involved the participation of others. He contrasts that with our society in which "pleasure providers" tell us what is pleasurable and what isn't. He then leaves it to the reader's discretion whether these changes are for the better or worse.
What we did for fun . . .Review Date: 2005-01-15
Organized by chapter somewhat roughly by social groups (mountain men, Indians, emigrants, soldiers, cowboys), locations (along rivers, along railroads, in mining areas), and regions (Southwest, Northwest), the book imposes a kind of order over a vast encyclopedia of loosely related information. There's no grand theme, thesis or narrative holding it all together, so casual readers can dip into the book wherever impulse takes them without getting lost.
I particularly liked the chapter on soldiers, which briefly summarizes the campaigns of the Army of the West and the establishing of forts during the 19th century. Because the focus is on the passing of time between the waging of war (against Mexico, against the Indians), we get a different picture of military life than is the norm in history books. I enjoyed the accounts taken from the journals of soldiers and officers' wives of simple pleasures taken in the pristine wilderness of the prairie and of social events like theatricals, concerts, Fourth of July celebrations, holiday feasts, and dances organized for entertainment at the forts.
Familiar with cowboy culture, I found less that was new to me in the "Cow Country" chapter, but Dary provides a snapshot of this extensive subject that represents it fairly. His speculations on the rise and evolution of singing cowboys, particularly on the cattle drives, is interesting. Snippets of song lyrics help to illustrate this oral tradition.
The book's many photographs and illustrations complement the text well, although the limitations of early photography often required subjects to be stiffly posed. The physical spontaneity that's an essential part of many forms of pleasure eludes the camera. Thus, for instance, there are numerous photos of men playing cards. Altogether the book represents a heroic effort to assemble a picture of a vast subject. The value of this book is less in the overall generalities and more in the specific details, especially in the excerpts from journals and other documents where pleasures taken are vividly described.
A real bargain!Review Date: 2001-04-04

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Great Book!Review Date: 2003-09-25
Story of GodReview Date: 2002-12-29
Nazarene, born and raisedReview Date: 2006-12-12
Inspite of that, I only gave him 3 stars. That's for 2 reasons:
1. He didn't do an excellent job in helping preachers to know how to tie in their sermons to the redemptive narrative of the Bible. Much of the scripture is not written in narrative form and Lodahl does not give clear instruction tot he would be preacher on how to preach through, lets say, the epistles. Though he is a reformed writter, I feel that Graeme Goldsworthy in his book "Preaching the whol Bible as christian scripture" did a better job. I recommend it to Arminians and Reformed alike.
2. Secondly, there are some places where Lodahl entertains Open Theism. Open Theism is a thrological movement, that in my opinion, is heresy. One of its basic ideas is that God does not know the future. Lodahl seems to entertain this idea under the presumption that this would destroy true relationship.
The fact that God is mysteriously complex in his unity, being able to act in time while maintaining his eternal atributes, should not be changed in for the simple thrology of open theism and its little God.
I am Arminian, but it seems that some of the most solid works on Biblical and Narrative theology that remain conservative in nature are coming from the Reformed camp.
Completely approachable, and very beautifulReview Date: 2000-10-10
The book reclaims what I believe should be at the heart of any Christian message (or any religious message for that matter). It is a book which gives an overview of Wesleyan theology through the use of narrative stories in scripture. But the point is not to force scripture down anyone's throat, or to force someone to think in a particular fashion. No, even a few pages into the book, that becomes clear. The author is greatly indebted to not only Weslyan emphasis, but also Process thought and the wealth of insight and beauty to be found in world religions.
This book is about joy, beauty, mystery and the enounter of the "divine" reality in individual existence and in community. Each word bespeaks the authors deep love affair with life, and with the earth and with creaturely realtionships and joys. To finish reading this book is to be guarunteed a light heart and a deep smile. The message repeatedly conveyed in this book is that love is what matters most, and making the most of this life, loving this earth, and being aware of the wonders constantly around us. And through all that to hear the voice of a God reminding us that he loves us, and loves life as much as we do, and wants to be a part of it.
A great read for anyone.


Parker can writeReview Date: 2008-09-29
A Modern Day TragedyReview Date: 2007-09-05
By the beginning of the fourth chapter, I was intrigued by the main character, Cicero Day. Cicero is the biracial and illegitimate child of a very well-known and respected Italian mobster. As a child, his father would often take him on some of his violent outings and Cicero would stare, intrigued at the power and respect that his father had on the streets. Cicero internally took this all in and despite being formally college educated; he took on his streetwise and brutal persona into adulthood. He wanted to be just like his father--thirsted for that same type of so-called "street respect."
Cicero made plans with former college buddy, Bradley, a very well to do computer designer and Kameron, Cicero's tough childhood friend, to distribute a new drug on the streets. They end up getting financial backing from old mobsters that Cicero's father used to run with. This is the start of events that is the beginning of hell for them all. They each have a tragic flaw that may have a part in bringing them all down.
The mob backs Cicero's proposal because he has a mean reputation in the streets just like his father once had. He also has one up on his father--his education and his business sense. Little do some of the guys in the mob know that Cicero has a few tricks and agenda of his own up his sleeves. His is a highly sophisticated yet complex game of the streets that consist of brutal methods of "payback" to those that cross him.
Despite this street power and respect, Cicero's tragic flaw may eventually bring him down. He thrives on living in his father's shadow and fame. Kameron thrives on getting high. Bradley thrives on using his "smarts" to create this drug that will be distributed and thinks that he can get over on his buddies. Each of them has a demon within that they are fighting, yet their thirst for money, power and respect keep them from focusing on their battles. Cicero is the ringleader. Will he "ring-lead" his buddies, his followers straight to hell? He is tormented on a regular basis with bad dreams and nightmares that he will fall but they do not scare him. His mother prays for him and warns him, yet he somehow things he is invincible.
Will this story end like most tragedies do? Will "The Tragic Flaws" bring the characters down and they forever burn in the inferno and be punished for their deeds on earth?
I give this one two thumbs up. It read just like a modern day "urban gangster" story with a twist. I definitely recommend it to others.
Reviewed by Coulee Eidos
APOOO BookClub
Che Parker, a new and upcoming author for the 21st centuryReview Date: 2007-10-15
This novel is both entertaining and enlightening. It confirms the old adage that you reap what you sow. Parker's ability to tell a story, keep you in suspense, have you cheer, then condemn a character, is compelling and brilliant. The Tragic Flaw is a modern tragedy that has the potential to rival existing novels to became a timeless classic.
OvermanReview Date: 2007-10-05
Cicero is treated to disturbing nightmares. It appears that when he wreaks havoc in the streets of Kansas City, he's visited by one of his ghastly dreams. His mom is insistent that he needs to humble himself. Unrelenting in his lifestyle, Cicero continues to unleash hell on people who've crossed him. Is there redemption in Cicero's future?
Che Parker has written a flamboyant tale packed with torture, violence and very bizarre characters. While I was instantly put off by the overture of details, when the criminal element finally makes an appearance, it is definitely wild and worth the wait. Yet, vile creatures from hell make the story a little too warped for my own fondness. However, the message comes across clearly about the costly life of the ambitious. Remember, you will have to account for all the wrongs that you've done.
Reviewed by Nardsbaby
for Urban Reviews

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Excellent Theological WorkReview Date: 2007-01-25
Good, but not DunningReview Date: 2002-12-07
A fine reference and advanced primer in theologyReview Date: 2005-09-29
I like the fact that the nuts and bolts are treated in reasonable simplicity while including detail, without getting too bogged down in the arcana typical in an academic work. You can read this book. The footnotes are quite good (again, this is not an academic text for MDiv/DMin students) and surprising in their content and variety.
This was one of the best gifts I have received as a preacher. I recommend it to any Arminian as a great reference, laity training tool, or as a desk reference for pastors/preachers of other Christian traditions.
superbly written, a wonderful bookReview Date: 2001-05-31

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A funny, profound, poetic book.Review Date: 1998-02-10
Small-Town Kansas LifeReview Date: 1997-10-22
terrific characters search and discover loveReview Date: 1998-07-26
A disappointing and annoying bookReview Date: 1997-10-09

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Theodicy that Must Ultimately FailReview Date: 2006-05-13
First, it seems that books of this nature, call them Christian "self-help" books, seem to have adopted a predictable formula. The author chooses a theme, chooses examples from his ministry, and then draws parallels from Biblical narratives tying the two into a neat package that supports the point in question. This is becoming a tiresome formula and it fails at several levels.
First, the examples chosen from the ministry, the so-called real life examples, often are adapted or telescoped to fit alongside a Biblical narrative. Our lives are not those of the Biblical characters although we may face many of the same spiritual trials. Secondly, the main emphasis of the ministerial example centers around worldly things and makes the focus of the problem the selfish "I" rather than "God." Third, the outcome is usually justified by the author in terms of worldly success rather than spiritual success. The latter is noted as important but rarely or never seems to be separated from the former. The book seems to be permeated with this subliminal notion that God is the answer to your worldly as well as spiritual problems and things will work out good for you in this world if you accept God and His ways. Although this is true, the definition of "work out good for you in this world" is in terms of the "I" or "me" and not in terms if "God" to whom we are called to submit. Where there are examples of unsolved disappointment, the author associates it with a failure to follow the program. God's justice is not quid pro quo and accepting God, truly accepting God means accepting the burden of the cross and not the expectation of rewards in this life.
The last error is the most dangerous. J. C. Ryle once wrote that before one accepts Christ he or she should count the cost. The cost was God's vicarious sacrifice of making The Son sin and crucifying Him on the Cross. To be a true follower of Jesus we are warned in scripture that we must crucify the old man, be prepared to give up all worldly things WITHOUT and assurance other than our daily bread and the joy of God's care, fellowship and love. The true fact is that for most Christians in the world, accepting Christ means danger, sacrifice, hatred, discrimination, isolation, poverty, suffering and sometimes a violent death. Books such as this discuss suffering in terms of exchanging one career for another, discovering God given gifts and overcoming illness and disability or hurts. But these worldly successes, though given of the Lord, are possible because we live in a wealthy country where people have choices and opportunities and can overcome life's obstacles praise the Lord.
Any theology of Theodicy, the basic theological subject of such works, must be universal and apply to everyone, everywhere and at all times. What would the vignettes in a book such as this mean to the people who life in the garbage dumps of Mexico City and survive off the rotten trash of others? It does not hold! Yet, they worship the same immutable God whose ways are constant and perfect. The theology of books such as these are tailored to the "me" generation of Americans and not to the greater brotherhood of God's people. The person who lives in the garbage dumps of Mexico City has no realistic hope of escaping the daily grueling suffering that is their worldly lot. Yet, when such a one accepts Jesus, his worldly lot may not change but his spiritual lot has radically changed. What great saints are those that suffer in poverty and can truly claim that their only portion is the Lord!
This is the joy and transformation that scripture talks about. The cross is not something to be dressed up and made pretty. It is an instrument of relentless pain, torture and death. We are all asked to pick up our own cross and follow the Lord. That means we are asked to voluntarily crucify our old selves, and the things we hold dear, unmercifully, totally and to the death. It is a painful thing to do.
Theology such as that offered here devalues and invalidates individual pain suffering and failure in the world. It ignores the countless millions who never succeed in this life yet are rewarded in the hereafter. It ignores the fact that there are many among us that are chosen to suffer till death for no other reason that we may present an opportunity for people to do good works and be divided into sheep and goats. God's people suffer, hurt and may not see any relief in this world. But in His mercy, God sends His Spirit, ministering angels and the Church.
The suffering of Theodicy is something that must be embraced. The sufferer's pain must be acknowledged and validated. It must be understood that most of the Christians on the world experience this suffering and misery. It is the cost of discipleship.
Books such as these offer rewards without counting the cost. The theology they expound ultimately fails. When this failure is realized, true harm is done.
Finally, almost every such book uses the Jacob-Esau story as an example of Jacob's spiritual formation by surrendering his will to God. While there is much good here, most err in failing to realize that the blessing of Isaac the Blind was a worldly blessing. The Promise, God's blessing, was not Isaac's to give. Jacob fooled the wrong father. And as Jacob's spiritual eyes are opened at Peniel, he begins to be called Israel. Yet Jacob never truly fully matures to Israel and crucifies his old self. Some of Jacob remains in the final chapter of Genesis and in his decedents and in us. Commentators and such writers focus on the worldly comforts surrounding Jacob in his old age as evidence of his total transformation. If this was the case than the Bible would be one chapter and the Cross unnecessary.
It is my prayer that the Authors will take these words in the Christian spirit of love in which they are offered.
Not quite what M. Galishoff complains of...Review Date: 2006-05-19
You can't compartmentalize the spiritual from the material aspects of our lives, and I think this is what this book makes clear. The things we see within our own human perspective aren't the whole of reality-- if anything, this book reminds us that our own ideas of success, failure, good and bad are pretty relative in the scope of eternity. If you can't compare the details of our 21st century lives with Biblical characters, you're boxing the Bible in and overspiritualizing the omnipresence of God in all the details of our lives.
And there's no way the author is making all the mistakes M. Galishoff is pointing out-- just read the last 2 chapters and you'll hear about Scriptures imcredibly hard for Western American Christians to deal with, such as Hebrews 11 (all the people who never got to see the ultimate ripple effect of their lives or the 'rewards' for their faith and yet lived for what they couldn't see) and passages in Paul's letters about how eternity makes the present pale in comparison. Seriously-- you can't come away from this book thinking that it's 'all about me.' Clearly, it's all about God-- learning to live in surrender to his ways that are totally different than ours.
Excellent RelevanceReview Date: 2005-12-30
Take time to digestReview Date: 2006-03-30
On a practical level, the book is divided into comfortable sized chapters/sections that make it work very well as a daily devotional. It's a book that will make you want to keep reading, but it's best taken one bite at a time (with plenty of time in between to chew and digest).
If you want a new perspective on all those waiting times from stop lights to career moves to retirement, this is the book to read. It will almost make you grateful for that red light!

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Thorough treatment of the Hepatitus C subjectReview Date: 2004-06-24
One of the things that make this book unique is the inclusion of the emotional aspects of being diagnosed with Hepatitis C and going through treatment. Dr. Challa includes many of the personal thoughts and comments of Denise Hudman from the point where she was diagnosed with Hepatitis C through some of her feelings as she went through treatment. This is invaluable insight if you are dealing with a friend who has been diagnosed with the disease.
"Winning the Hepatitis C Battle" also includes a frequently asked questions section and a glossary. With the comprehensive coverage and easy to understand writing style this is a highly recommended read for anyone wanting to gain a broad understanding of Hepatitis C.
a great help!Review Date: 2004-01-08
With short patient stories, diagrams, pictures & simple explanations, RebeccasReads recommends this book with its CD-ROM for anyone who has been touched by this "silent" killer.
A good comprehensive resource about Hepatitis CReview Date: 2005-08-06
With the help of a beautifully produced and easy-to-understand book and an interactive CD-ROM, Dr.Challa and his team explain all that a person needs to normally know about this Silent Epidemic.
The book starts right from the beginning, that is the Diagnosis, then explains the seat of action - the Liver, its functions, the differences between Hepatitis A, B,...E, specific signs, symptoms and complications of Hepatitis C. It then goes on to the treatment options, and looks at the alternative treatment and special situations.
The book has FAQs, Glossary, links to useful websites and an Index. All in all, the book is a complete handy reference guide to the Successful Treatment of Hepatitis C.
Dr.Challa brings out the various advances in treatment options including as-on-today, the most successful combination of pegylted interferon and Ribavarin. But he brings out that the most important ingredients in the treatment protocol and which only the patient can supply are courage and optimism. These in fact, give the desire to live to the patient. Without that desire, even the best physician can't help. So, what ever may be the stage of the disease, beginning, advanced, or resistant to the standard treatment, the message is simple - never give up.
Coming from a main stream gastroenterologist, the treatment of the chapter 6, Herbs and Alternative Medicine is fairly unbiased and this reviewer didn't expect a more active support to or detailed coverage of an important topic. Though not medically qualified, this reviewer has a long association and interaction with health-care professionals including those from the alternative systems and is thus aware of many successful treatment options. But to be fair to the author, Dr.Challa doesn't forbid you from following the alternative treatment route. He could have avoided the statement, ""Even though it is clear that alternative medicine therapy has minimal or no role in treatment of hepatitis C, ..."" and instead, could have offered to work with such patients who need to take the alternative treatment route for any reason, including the problem of side-effects, the enormous expenditure or the ineffectiveness of the Standard Treatment.
This book is primarily meant for the US Market, and hence discusses the statistics of Hepatitis C in USA, and the examples of the Patient Case Studies are also from USA. The basic principles of Hepatitis are of course common and aplicable to any one any where in the world. To that extent, this book will be of interest to the rest of the world.
One attractive feature of the CD-ROM (which is bundled with the book) is the incorporation of a Cross Word Puzzle to test the user of his/her understanding of the subject. The CD-ROM addresses the same subjects dealt with in the book, but will be found to be useful to those who don't like to read or understand better from an inter-active Audio-Assisted Video presentation of the subject. The book, on the other hand, will be appreciated by people like this reviewer, who found it slightly difficult to follow the American accent. The book is well produced and is a pleasure to work through. Together, the Book+CD provide a good value to the buyer. It makes for a good gift to oneself or to some one who you think will benefit.
In conclusion, this reviewer would like to compliment Dr.Challa for bringing out a readable, reliable and affordable (for the US Market) publication on one of the major Health concerns.
Winning the Hepatitis C BattleReview Date: 2003-11-25
fight hepatitis C. Written in an easy-to-understand format that includes
the personal stories of many patients, the book and CD-ROM covers the topics needed
for a complete understanding of the disease. Subjects include your liver
and how it functions; hepatitis C and its effects on your body; and
hepatitis C treatment and the side effects to that process. This book and CD-ROM is
recommended for anyone who is has hepatitis C themselves or whose loved
one is afflicted with the disease.
Related Subjects:
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Professor Paul Kens' "Lochner v. New York" (I shall henceforth refer to the decision as "Lochner" and to the book as "Lochner v. New York") is not the type of book I was looking for. I wanted a legal analysis of the infamous decision. Kens' book is less a legal analysis as a social, political and intellectual history, explaining the various trends that shaped the law, the case, and the decision.
Too often, Social History can be merely a list of practices, or a description of conditions that are entirely predictable to anyone with even a slight familiarity with economic and social concepts (see respectively Eric Poner's Reconstruction: America's Unfinished Revolution, 1863-1877 and John Dower's Embracing Defeat: Japan in the Wake of World War II). "Lochner v. New York" on the other hand is revealing of the working conditions and social and economic situation of the baking industry, and Kens judicially uses statistics to chronicle its evolution from the mid 19th century to the early 20th.
As Intellectual history, Kens offers an in depth look at the thought of various Lessez-faire and Social Darwinist ideologists, as well as their progressive opponents. Although Kens clearly has little sympathy for Social Darwinists, they come out quite well - Social Darwinist thought, while extremist, is not all that different from modern Libertarianism.
Kos does a good job of describing the politics surrounding the Baking hour law's passing, and the ironies with which it abounded - including the fact that one of the Law's chief backers were later to argue its unconstitutionality before the Supreme Court.
After contextualizing Lochner, Kens gets down to legal analysis. Essentially, the court applied the doctrine of "substantial due process" to declare the 10 hour law unconstitutional. The court used the 14th amendment requirement against deprivation of liberty to protect the "Sanctity of contract". The state must not deprive a person of the right to work at whatever terms he sees fit, unless it is for reasons of public health or safety, or unless the person is in need of paternalistic protection, if he is a minor or (in Victorian America) a she.
The vast majority of the Court, including Dissenter John Marshall Harlan, subscribed to this interpretation. Harlan only claimed that the Court should give the state the benefit of the doubt - if it claimed that the Law meant to protect bakers' health, then that is what it did. Only Oliver Wendell Holmes articulated a completely different vision: "The 14th Amendment does not enact Mr. Herbert Spencer's Social Statics" he famously wrote in his classic dissent. The sanctity of Contract was not in the constitution, and states should have no problem overruling it.
Kos agrees with the dissenters. He convincingly (in my view), demonstrates that the framers of 14th amendment did not intend to protect the liberty of contract, and that laissez faire Capitalism was not an antebellum ideology (although he may underestimate the extent to which laissez faire was latent in pre Civil War America - most ideologies only take shape when challenged, as laissez faire was by the increasingly powerful state of the late 19th century). Ken clearly thinks that the Court should not enforce values that are not clearly articulated in the Constitution text or its history.
Kens realizes that his position requires opposition not only to Lochner, but also to Liberal rulings such as Griswold v. Connecticut, which ensured the right of married individuals to use contraception. Kens argues that this also requires expansive, ideological reading of the Constitution and thus should be avoided.
But the very purpose of a constitution is to check the majority's power against minorities. Because times change, the means of oppression can change also. The specific clauses of the US constitution - the ones that protect against abuses that were known at the time of framing - are mostly outdated. Think of the 3rd amendment's prohibition against the stationing of soldiers at private houses. It is the more general, opaque clauses of the constitution (like the prohibition against abridging the Freedom of Speech or inflicting "Cruel and unusual punishments") that can deter present day majorities from manhandling minorities and protect the little citizen from Big Brother.
But can Lochner v. New York be distinguished from expansive Liberal rulings? Does adherence to Griswold force on us to accept Lochner?
I think there are good pragmatic reasons to say no. First, we should acknowledge that the Court's decision is right in treating suspiciously governmental intervention in the freedom of contracts. But the Court erred, in my view, in seeing Lochner as essentially a question of Liberty. I think Lochner is actually a question of wealth redistribution.
By regulating the terms in which bakeries and baker workers contract, New York improved the relative position of the workers vis a vis the owners. But government policy can most assuredly do that. The government is entitled to levy taxes in any form it wishes, whether progressively (taxing the rich more then the poor) or regressively (the other way around). It may levy tariffs on incoming goods, improving the lots of US manufacturers and worsening those of exporters. It can supply welfare benefits for the poor. The competition between the various interests is the very essence of the democratic process and should be left (within reason), to the democratic process. The time for the Court to intervene is to prevent Government from abusing citizens, not to keep the spoils out of the hands of the winners in marketplace of ideas.