“The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court”
Richard H. Fallon Jr.
(Cambridge University Press)
According to Richard Fallon, “change is more nearly a constant than an anomaly in Supreme Court interpretation of the Constitution,” but in recent years, we have seen “conservative changes of unprecedented scope and consequence.” In his posthumously published book, the constitutional law professor, who died on July 13, 2025, examines the rise of originalism as a theory of constitutional interpretation as well as particularly important cases decided by the Roberts Court, including on freedom of speech and religion, the Second Amendment and the personal right to bear arms, and abortion. He also discusses cases circumscribing the power of Congress and granting the president sweeping authority. The “unhealthy state of our contemporary politics and culture” is too often reflected in recent Court decisions and divisions, he writes, but “I do not assume that our constitutional order is doomed to irreversible decline and an ultimate fall.”
“The Art of Impasse-Breaking in Mediation: A Handbook for Mediators, Lawyers, and Other Conflict Resolvers”
David A. Hoffman ’84
(American Bar Association)
In a manual designed as “a guide to the most useful moves that mediators make in their efforts to resolve intractable conflicts,” David Hoffman offers advice for practitioners on breaking impasses in family, business, and employment cases. The John H. Watson, Jr. Lecturer on Law at Harvard, who practices mediation and arbitration as the founding member of Boston Law Collaborative, first discusses pre-mediation conferencing, coaching negotiations, and the emotional dimensions of conflict. He then details techniques that mediators can use to make progress, ranging from getting the right people at the table to using humor, silence, and even food. He also covers settlement agreements and offers case studies on different areas of conflict, such as divorce. If done well, the mediation process can enhance participants’ listening skills, increase empathy, and lessen conflict, he writes.
“38 Londres Street: On Impunity, Pinochet in England, and a Nazi in Patagonia”
Philippe Sands
(Alfred A. Knopf)
Philippe Sands, the Samuel LL.M. ’55, S.J.D. ’59 and Judith Pisar Visiting Professor of Law, chronicles the intertwined stories of Nazi war criminal Walther Rauff and Chilean dictator Augusto Pinochet and how both ultimately escaped justice. Through interviews with victims of the Pinochet regime and those who knew Rauff — who fled to Chile after developing “gas vans” that killed many thousands — the author seeks to substantiate the widespread belief that Rauff assisted Pinochet in murdering political opponents following Pinochet’s coup in 1973. He also details the proceedings following Pinochet’s 1998 arrest in London after being indicted for human rights violations, which Sands observed as a barrister for Human Rights Watch. After many months of appeals, Pinochet was deemed too ill to stand trial. Both men died unrepentant, and when it comes to their crimes, Sands writes, “impunity reigns.”
“On Liberalism: In Defense of Freedom”
Cass R. Sunstein ’78
(MIT Press)
Now more than at any time since World War II, liberalism is under attack, with many critics misrepresenting it, writes Harvard University Professor Cass Sunstein. In his new book, he aims to clarify what liberalism actually stands for, emphasizing its core commitments to freedom and pluralism. Citing thinkers ranging from English philosopher John Stuart Mill to Austrian-born British economist Friedrich Hayek, he outlines 85 core tenets of liberalism and includes chapters on freedom of speech; free markets and their limits; and the rule of law. In addition, Sunstein discusses “experiments of living,” an ethos of liberalism that “values the dignity of every individual, who should be entitled to find his or her own way. Practitioners of liberalism may disagree on many issues, but they share the desire to bring opportunity to everyone,” he writes.