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  • About

    About

    I’ve been reviewing books for over twenty years.  Most of the reviews have dealt with law, politics, or history, with an occasional detour into fiction.  All of them gave me the opportunity at the time to provide commentary on contemporary political developments, emerging legal trends or the curious tendency of history to turn in cycles, so often repeating itself.  I’ve kept most of the reviews in a thick notebook in my office, but with almost all of them available electronically, it struck me that it might be useful to consolidate the reviews in a single slightly more public place with shorter commentary on recently published books.

     

    When I’m not writing reviews, I practice law on the side.

    http://www.perkinscoie.com/khamilton/

    I’ve also been involved in politics throughout my life, working on various local, congressional and senate campaigns in college and after.  In 1992, I worked on the first Clinton-Gore Presidential Campaign, taking a three-month leave of absence to devote myself full time to the campaign.  Since then I’ve had the privilege to work with and to represent a variety of campaigns, candidates, and party organizations — during campaigns, in recounts, and in election contest litigation.

     

  • A character study of Thomas Jefferson as ‘patriarch’

    A character study of Thomas Jefferson as ‘patriarch’

    In “Most Blessed of the Patriarchs,” historians Annette Gordon-Reed and Peter S. Onuf create a character study of Thomas Jefferson, attempting to explain our third president through his perceived role as patriarch to both his families and to his slaves.


    ‘Most Blessed of the Patriarchs: Thomas Jefferson and the Empire of the Imagination’

    by Annette Gordon-Reed and Peter S. Onuf

    Liveright, 320 pp., $27.95


    It’s not entirely clear that the world actually needs another biography of Thomas Jefferson. True, he played a remarkable role in shaping the young American democracy at a time when it was not at all clear that the rebellious colonies would emerge as a cohesive nation.

    He wrote the Declaration of Independence, served as the nation’s third president, second secretary of state and as ambassador to France. But the library of Jefferson biographies is seemingly boundless and includes contributions such as Dumas Malone’s six-volume series (“Jefferson and His Time”), a work that took more than 30 years to complete and won the Pulitzer Prize in 1975 for the first five volumes. What’s more to add?

    But perhaps the sheer volume of scholarship is a testament to Jefferson’s enduring contributions and his elusive and contradictory personal life. Jefferson was a master of soaring rhetoric, articulating lofty principles of universal justice and equality while simultaneously not only owning large numbers of African-American slaves, but sleeping with one of them — Sally Hemings — and fathering several children by her. The relationship, long rumored and the subject of fierce debate, is no longer subject to serious question in the wake of definitive DNA testing.

    Annette Gordon-Reed and Peter S. Onuf take on the task of explaining Jefferson’s own vision of himself and how he reconciled these conflicting threads in their somewhat awkwardly titled new book, “Most Blessed of the Patriarchs: Thomas Jefferson and the Empire of the Imagination.” Gordon-Reed, a professor at Harvard Law School, is the author of the “The Hemingses of Monticello,” for which she won both the National Book Award and the Pulitzer Prize. Onuf, one of the nation’s leading Jefferson scholars, teaches at the University of Virginia, founded by Jefferson himself. No insignificant pool of talent here.

    The book is largely a character study, organized in sections seeking to explain Jefferson’s understanding of himself and his life through his roles as a “patriarch” or as a “traveller,” both at home and abroad.

    It’s an approach that allows exploration of Jefferson, unleashed from a chronological narrative. But perhaps more interesting, the book returns, like a touchstone, to remind the reader that Monticello and all that it stood for was built on the backs of enslaved African-Americans. Jefferson may have preferred to turn his face and avoid the harsh reality of his slaveholding, but neither these authors, nor history, will allow that contradiction to stand unexamined.

    Of course, Jefferson’s fraught relationship with Sally Hemings is central to understanding Jefferson. Hemings was just 16 when she accompanied Jefferson’s young daughter from Philadelphia to Paris, where he served as the American representative to France.

    Jefferson fathered several children with Hemings and, as Gordon-Reed and Onuf note, he held great affection for both his acknowledged as well as his unacknowledged family. He agreed with Hemings to free their children when they reached adulthood, a deal he honored (even as he simultaneously refused to free the slaves who kept Monticello afloat economically).

    In the end, the book is an important contribution to understanding Jefferson in light of his now-confirmed relationship with Hemings. Sex, as they say, changes everything. Even our understanding of Jefferson himself.

  • ‘The Boys in the Boat’: UW team vanquishes Hitler’s crew

    ‘The Boys in the Boat’: UW team vanquishes Hitler’s crew

    ‘The Boys in the Boat: Nine Americans and Their Epic Quest for Gold at the 1936 Olympics’

    by Daniel James Brown

    Viking, 404 pp., $28.95


    Few sports carry the aristocratic pedigree of crew. Long-established teams at Yale, Harvard and Princeton are mere upstarts by comparison to teams with even more refined heritage from Oxford and Cambridge. Few of them imagined that a crew from Washington, of all places, could be competitive.

    But by 1936, that’s exactly what happened. The University of Washington built a team from kids raised on farms, in logging towns and near shipyards. They blew away their Californian rivals and bested the cream of New England to become the American Olympic Team and won the gold medal at the 1936 Berlin Olympics.

    In “The Boys on the Boat,” Daniel James Brown tells the astonishing story of the UW’s 1936 eight-oar varsity crew and its rise from obscurity to fame, drawing on interviews with the surviving members of the team and their diaries, journals and photographs. A writer and former writing teacher at Stanford and San Diego, Brown lives outside of Seattle, where one of his elderly neighbors harbored a history Brown never imagined: he was Joe Rantz, one of the members of the iconic UW 1936 crew.

    Rantz was perhaps the most unlikely member of the eight. Literally abandoned by his family as a teenager to fend for himself, he enrolled at the UW and paid his way through school working odd jobs and summers in brutal heat on the Grand Coulee dam. The discipline, coordination and sheer physical demands of crew gave him a chance to prove himself. He was not alone. The team was built from lanky young men winnowed from a large field of curious freshmen. Not many lasted long.

    Those who did were in for quite a ride. Coached by the stoic Al Ulbrickson, the rowers built muscle, coordination and teamwork into an unbeatable machine. Hovering in the wings was George Yeoman Pocock, an eccentric Englishman who became a legend, building racing shells from his UW workshop for rowing programs across the country.

    The young men quickly learned that rowing was synergistic — sheer brawn was not nearly enough to win, nor was synchronization, although both were surely necessary. Only when they perfectly melded trust, determination and optimism did they excel. Ulbrickson continually reshuffled the varsity eight as they grew from awkward freshmen to experienced seniors, seeking the perfect combination.

    The individual stories of these young men are almost as compelling as the rise of the team itself. Brown excels at weaving those stories with the larger narrative, all culminating in the 1936 Olympic Games. Few of these young men had ever left Washington state, much less the United States, when they left New York on the steamship Manhattan to represent their country in Berlin.

    The final race could not have been more dramatic. With poor placement in bad weather, the UW crew faced daunting disadvantages as the race began. But they had something no one could see, a team that worked so closely together that, when it clicked, they were able to soar beyond their apparent capacity. Hitler himself attended the race with his top lieutenants expecting his Nazi team to take the gold medal in the premier rowing event. He left badly disappointed. For the boys in the boat, when hearing the results announced, “their grimaces of pain turned suddenly to broad white smiles, smiles that decades later would flicker across old newsreels, illuminating the greatest moment of their lives,” Brown writes.

    A story this breathtaking demands an equally compelling author, and Brown does not disappoint. The narrative rises inexorably, with the final 50 pages blurring by with white-knuckled suspense as these all-American underdogs pull off the unimaginable.

    The 1936 Pocock shell still hangs in the UW crew house. It’s an icon now, revered by modern day crews. But once, not so long ago, it carried eight kids and a coxswain from Northwest farms, orchards and shipyards to an improbable victory in the greatest of all crew races.

  • ‘Master of the Mountain’: Thomas Jefferson’s enduring support of slavery

    ‘Master of the Mountain’: Thomas Jefferson’s enduring support of slavery

    ‘Master of the Mountain: Thomas Jefferson and His Slaves’

    by Henry Wiencek

    Farrar, Straus and Giroux, 319 pp., $35


    Thomas Jefferson towers over American history. He wrote the Declaration of Independence, served as the nation’s third President, second Secretary of State and Ambassador to France. He engineered the Louisiana Purchase, and commissioned the Lewis and Clark Expedition. Lionized in American history for his soaring defense of individual liberty, Jefferson’s extensive slaveholdings have been curiously downplayed, dismissed as beyond his control, or excused.

    In his new book, “Master of the Mountain: Thomas Jefferson and His Slaves,” noted historian Henry Wiencek, author of “An Imperfect God: George Washington, His Slaves, and the Creation of America,” takes on the formidable task of setting the record straight. Jefferson was a lawyer by training and carefully curated his correspondence to portray himself as opposed to slavery and in favor of emancipation. He wrote what he described as “soft” answers to those who questioned slavery, suggesting emancipation at some point in the undefined “future” when circumstances were right.

    But despite enormous power and influence, Jefferson did little to actually end slavery during his lifetime. It was, in fact, the source of his wealth and prosperity. He calculated the profits his hundreds of slaves earned him, even putting the children to work making nails or weaving cloth, under the harsh supervision of his overseers, who routinely beat the children. Slave children were sold or presented as gifts, and slaves’ marriages were destroyed when one spouse was sold or transferred to distant locations.

    Jefferson removed himself from direct involvement in the messy details slavery entailed. He built Monticello itself so that visitors would be dazzled by displays of exotic Lewis and Clark artifacts and reminders of his intellect, while the slave housing remained safely out of sight.

    Curiously, history has conspired to overlook, downplay or excuse it all. While Jefferson powerfully dominates early American history, in our collective memory his slaveholding is different: he becomes a victim of historical circumstance, trapped by social convention, unable to right so clearly a wrong. This is, of course, nonsense. Contemporaries not only could but did emancipate their slaves, including George Washington himself.

    Jefferson fathered several children by Sally Hemmings, one of his slaves. Hemmings, then only 16 years old, accompanied Jefferson to France when he served as Ambassador. She could have remained there, free under French law, but returned with Jefferson after striking a bargain that would free her children from slavery in return for her continued service. The relationship, hotly contested since Jefferson’s own time, is now beyond dispute with DNA proof. But curiously, it has served to only burnish his reputation — as a tormented lover and father of a multiracial family. But such a sympathetic reading requires, as Wiencek notes, an “enormous act of forgetting” — forgetting the hundreds in bondage, hidden from view in Monticello, bought, sold and beaten like animals.

    Wiencek carefully probes the historical record, parsing the enormous body of Jefferson literature. His work is a thoughtful and well-documented contribution, offering a powerful reassessment of our third president. He notes the irony that many “accept Jefferson as the moral standard of the Founders’ era, not Washington.” Perhaps, he suggests, Washington’s emancipation of his slaves stands as too stark an example, demanding that those who claim to have principles live by them. Quite obviously, our young Republic did not — an enduring stain on our nation’s founding. Jefferson offers a more complicated compromise, concealing harsh injustice with soaring rhetoric and promises of a better future. Just like, one might note, America at its founding.

  • ‘What Money Can’t Buy’: putting a price on the public good

    ‘What Money Can’t Buy’: putting a price on the public good

    The Moral Limits of Markets’

    by Michael J. Sandel

    Farrar, Straus and Giroux, 256 pp., $27


    Michael Sandel, a Harvard University professor, teaches one of the most popular college classes at the university and, perhaps, the world. His legendary “Justice” class has been taken by 15,000 graduate students over the years, serialized on PBS, translated into a variety of foreign languages and viewed by literally millions of viewers. His classes sparked a moral philosophy craze in Japan, and he was named by China Newsweek as the “most influential foreign figure.” It’s quite an accomplishment for a mere political philosophy professor.

    His new book, “What Money Can’t Buy,” explores the consequences and implications for the ever-increasing expansion of markets and market-based reasoning in our society. “The problem with our politics,” he writes, “is not too much moral argument but too little. … A debate about the moral limits of markets would enable us to decide, as a society, where markets serve the public good and where they don’t belong.”

    Modern economists routinely describe the world as a series of incentives and rewards, ever seeking to expand the explanatory power of the metaphor but without accounting for the transformative power of putting a price tag on everything, particularly in an economy with such widely disparate wealth distribution. Simply put, Sandel argues, reducing human behavior to market-based reasoning crowds out public spirit, moral obligation and similarly noneconomic factors. And some of his examples are compelling.

    In Switzerland, for example, public-opinion surveys measured public opinion in a small town selected for a nuclear-waste repository. A slim 51 percent majority accepted the placement, apparently in a display of civic responsibility. But the same survey asked the same voters if their support would increase or decrease if coupled with an annual payment to each resident in exchange for placing the waste repository. The result? Support went sharply down not up. Only 25 percent would support it with the payment. An economist would be confounded, but not Sandel: Once you introduce the market, it crowds out and displaces what was, until then, a civic duty.

    A second example is even more telling. When day-care centers introduced a “late fee” for parents arriving after closing time to pick up their children, the result was more parents arriving late, rather than fewer. Why? Because parents understood the penalty as a fee for service, which stripped the sense of moral duty out of the equation.

    Sandel’s point is that markets leave a mark, changing the way we look at the world. “Once we see that markets and commerce change the character of the goods they touch, we have to ask where markets belong — and where they don’t. And we can’t answer this question without deliberating about the meaning and purpose of the goods, and the values that should govern them.” In a world in which ads are sold on school programs, police cars feature Daytona-style advertisements and cities routinely sell naming rights to civic ballparks, city parks and public spaces, Sandel’s book raises important questions.

    Sandel’s best-selling book “Justice” provided a whirlwind tour through moral philosophy. “What Money Can’t Buy” is a superb follow-up asking many of the same questions. A baseball stadium where the wealthy sit next to the working class and the variation between ticket prices is minimal is a very different place (with very different civic consequences) from one where the rich peer down from richly appointed “suites” and the less fortunate sit across the stadium in distant bleachers.

    There is no more fundamental question we face than how to best preserve the common good and build strong communities that benefit everyone. Sandel’s book is an excellent starting place for that dialogue.