Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech", showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" - which has no generally accepted definition - is either absolutely unprotected or absolutely protected from censorship. Rather, US law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm.

The different ways that social change happens, from unleashing to nudging to social cascades. How does social change happen? When do social movements take off? Sexual harassment was once something that women had to endure; now a movement has risen up against it. White nationalist sentiments, on the other hand, were largely kept out of mainstream discourse; now there is no shortage of media outlets for them. In this book, with the help of behavioral economics, psychology and other fields, Cass Sunstein casts a bright new light on how change happens. 

Both historically and in the present, the Supreme Court has largely been a failure. In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them.

Since the original publication of Nudge more than a decade ago, the title has entered the vocabulary of businesspeople, policy makers, engaged citizens, and consumers everywhere. The book has given rise to more than 200 "nudge units" in governments around the world and countless groups of behavioral scientists in every part of the economy. It has taught us how to use thoughtful "choice architecture" - a concept the authors invented - to help us make better decisions for ourselves, our families, and our society.  

In How Propaganda Works, Jason Stanley demonstrates that more attention needs to be paid. He examines how propaganda operates subtly, how it undermines democracy - particularly the ideals of democratic deliberation and equality - and how it has damaged democracies of the past. 

Nate Silver built an innovative system for predicting baseball performance, predicted the 2008 election within a hair’s breadth, and became a national sensation as a blogger - all by the time he was 30. He solidified his standing as the nation's foremost political forecaster with his near perfect prediction of the 2012 election. Silver is the founder and editor in chief of the website FiveThirtyEight. Drawing on his own groundbreaking work, Silver examines the world of prediction, investigating how we can distinguish a true signal from a universe of noisy data.

Timothy McVeigh wanted to start a movement. Speaking to his lawyers days after the Oklahoma City bombing, the Gulf War veteran expressed no regrets: killing 168 people was his patriotic duty. New York Times bestselling author Jeffrey Toobin traces the dramatic history and profound legacy of Timothy McVeigh, who once declared, “I believe there is an army out there, ready to rise up, even though I never found it.” But that doesn’t mean his army wasn’t there. With news-breaking reportage, Toobin details how McVeigh’s principles and tactics have flourished in the decades since his death in 2001.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. New and emerging technologies have radically expanded the amount and type of information that the government collects about US citizens.