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Best of The New York Review, plus books, events, and other items of interest
Originalism’s Charade
Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
Worse Than Nothing: The Dangerous Fallacy of Originalism
by Erwin Chemerinsky
Constructing Basic Liberties: A Defense of Substantive Due Process
by James E. Fleming
November 24, 2022 issue
When Rights Went Right
Is the American conception of constitutional rights too absolute?
How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart
by Jamal Greene, with a foreword by Jill Lepore
April 21, 2022 issue
Less Punishment, More Justice
We need to rethink the institutional structures that will determine criminal justice policy for years to come.
Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal
by Alexandra Natapoff
Prisoners of Politics: Breaking the Cycle of Mass Incarceration
by Rachel Elise Barkow
July 23, 2020 issue
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