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High; Stories of survival from Everest and K2 is NOT what you're looking for. This book is nothing but one-chapter excerpts from other books. It's like walking into a movie half way through: You have no idea what's going on. Also, there are no maps of either Everest or K2, so if writers of these chapters (and some of them are BORING writers!) describe trouble on Everest's north col or K2's Abruzzi ridge, we can't picture these places in our minds.
This book (unlike all the other Everest books I bought and immediately read) has been sitting on my bedstand for months. I only read it when I wake up at 3AM and can't go back to sleep. Just reading from this book puts me back to sleep reeeeeal fast!
Don't bother with this one. The Everest season is happening right now. Maybe more books will come from this year's hikers.
High does for climbing what the movie The Thin Red Line did for combat: It explores not the details of the event, but the inner thoughts of the participants. You read what it feels like to have a climber dying in a tent next to you. You learn about the humilation of having frostbite while back at home. You are with the widows who trek in the paths of their husbands to glimpse the mountain graves of their loved ones.
While I can understand that some reviewers felt the selections dropped one into the middle of a big problem high on a mountain without the broader context of the expedition, I didn't feel this was a problem. I don't need the beginning, middle, and end to enjoy a brief tale. There are plenty of books that give all those details, yet few that are gripping to read from the first page to the last.
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As a lawyer, I used to feel comfortable with the Supreme Court's ability to handle important issues. Whether I agreed with the conclusion of the case or not, I could predict the line of argument that led the court to its decision. I also knew that the court would try to intervene as little as possible. The only time that comfort level was violated was when the second Supreme Court decision came in Bush versus Gore and included a stay of the recount in Florida. I was flabbergasted. This book helps me to understand how such a result could have occurred. Every attorney, lawmaker, and citizen who cares about having a government of fairly administered laws should read this book, and take appropriate action to see that whatever happened in Bush versus Gore in the Supreme Court does not recur.
Professor Dershowitz makes a bold claim that "the unprecedented decision of the five justices to substitute their political judgment for that of the people threatens to undermine the moral authority of the high court for generations to come." "I believe that they would not have stopped a hand recount if George W. Bush had been seeking it." "In this book, I marshal the evidence in support of this charge."
The book describes in a layperson's terms the legal issues behind the case, and goes on to provide hypotheses about what happened.
Basically, two laws were in conflict in Florida. One called for elections to be certified by a certain date (determining who won and lost). The other called for the ballots to be counted in order to ascertain the intent of the person voting. For over 200 years, it has been established law that courts should decide such conflicts of laws. The Supreme Court of Florida had done so, and concluded that the recounts should continue. Candidate Bush appealed that decision. The Supreme Court of the United States took the case (something that it did not have to do), and remanded the case back to the Supreme Court of Florida for further clarification. That action seemed both proper and appropriate. Then candidate Bush appealed again, and the Supreme Court of the United States heard the case again (which it did not have to do).
The national Supreme Court voted 5-4 to stay (stop) the recount process, pending arguments, arguing that to allow the recounts to continue would cause irreparable harm to candidate Bush. The effect was to bring the electoral victory to candidate Bush. That decision made then and makes now no legal sense. There was no irreparable harm done to anyone by letting the recount continue. There was irreparable harm to those who ballots were discounted and to candidate Gore by stopping the recount. I cannot fathom this decision. It is the sort of thing that happens in tin-horn dictatorships all of the time to legitimize the conclusions of the person in power.
The final decision then rested on an argument that equal protection under the laws required that the certification law hold sway over the accurate counting law. This is the first time that that section of the Constitution had ever reduced the rights of voters. In the past, it had been used to expand the rights of people to have their votes included and counted. The origin of the section was to deal with racial descrimination against blacks after the Civil War so that their ability to vote would be protected. Now, suddenly, the intent of that part of the Constitution was being used to say that some votes didn't count. That's a very strange argument. In the future, that argument could be used to deny the ballot to minorities and people whose opinions are not popular.
The Supreme Court of the United States also said that the Supreme Court of Florida had no right to decide on the conflict of laws issue. There is simply no legal basis for that conclusion.
The problem with these arguments is that they would undermine all sorts of cases from the past. What is the lawnow, as a result? The Supreme Court of the United States said that they would interpret the law this way only in this one case. In other words, they made up the law to fit a compromise that they reached behind closed doors. That's not law, that's dictatorship!
Professor Dershowitz found lots of potential motives. He finds possible reasons for this conclusion for each of the five justices. O'Connor is reputed to want to retire and be replaced by another Republican judge. Having Bush be elected obviously would help. Kennedy apparently wants to be the next chief justice, and has a better chance with Bush. Thomas may want revenge against former Senator Gore's opposition to his nomination. Scalia may want to have more colleagues of his ideological persuasions be appointed. Rehnquist is described as continually meddling on behalf of Republicans in earlier decisions. Whether these motives were in play or not, many will believe that they were. That will hurt the court's credibility.
Obviously, the five justices could decide the case in whatever way they thought the law required. But they owed the rest of us a duty to follow the plain words of the law and legal precedents in the Anglo-Saxon tradition. They did not meet this test. Whether you wanted one candidate or the other to be elected, you were robbed by this decision.
Since these justices are still sitting, Professor Dershowitz argues that the problem can only be solved by appointing better justices who know the law and behave in the ways that Supreme Court justices have done for over 200 years. I agree. Whether you are an Independent, a Republican or a Democrat, I hope you will, too.
We need fairness in the Supreme Court more than anywhere else. What's more, we need the appearance of fairness just as much!
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