Now showing items 1-20 of 216

    • Active Choosing or Default Rules? The Policymaker’s Dilemma 

      Sunstein, Cass Robert (2014)
      For policymakers, the idea of active choosing has a great deal of appeal, not least because it avoids the charge of paternalism. In many contexts, however, an insistence on active choosing is a form of paternalism, not an ...
    • Administrative Law Goes to War 

      Sunstein, Cass Robert (Harvard University, Harvard Law School, 2005)
      What are the President's war-making powers? This essay, a brief reply to an article by Curtis Bradley and Jack Goldsmith, contends that the answer lies in administrative law, at least in the first instance. The President's ...
    • Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, and Sunstein 

      Pierce, Dick; Ellicott, Donald; Strauss, Peter; Sunstein, Cass Robert (Duke University School of Law, 1989)
    • Administrative Substance 

      Sunstein, Cass Robert (Duke University School of Law, 1991)
    • Adolescent Risk-Taking and Social Meaning: A Commentary 

      Sunstein, Cass Robert (2008)
      Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions ...
    • Albert Hirschman's Hiding Hand 

      Sunstein, Cass Robert (2014)
      Albert Hirschman argued that planners in underdeveloped nations often benefit from what he called the Hiding Hand, which hides, and thus makes planners unable to anticipate, serious obstacles to development projects. The ...
    • Animal Rights Without Controversy 

      Leslie, Jeff; Sunstein, Cass Robert (School of Law, Duke University, 2007)
      Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even ...
    • Are Poor People Worth Less Than Rich People? Disaggregating the Value of Statistical Lives 

      Sunstein, Cass Robert (2005)
      Each government agency uses a uniform figure to measure the value of a statistical life. This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. ...
    • The Arithmetic of Arsenic 

      Sunstein, Cass Robert (2001)
      What does cost-benefit mean, or do, in actual practice? When agencies are engaging in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by ...
    • Assessing Punitive Damages... 

      Sunstein, Cass Robert; Kahneman, Daniel; Schkade, David (University of Chicago Law School, 2014-09-17)
      This essay reports and discusses the implications of an experimental study involving punitive damage awards. The study finds that in products liability cases, people's normative judgments (about outrageousness and appropriate ...
    • Automatically Green: Behavioral Economics and Environmental Protection 

      Sunstein, Cass Robert; Reisch, Lucia (Harvard University, Harvard Law School, 2014)
      Careful attention to choice architecture promises to open up new possibilities for environmental protection – possibilities that go well beyond, and that may be more effective than, the standard tools of economic incentives, ...
    • The Availability Heuristic, Intuitive Cost-Benefit Analysis, and Climate Change 

      Sunstein, Cass Robert (Springer Verlag, 2006)
      Because risks are on all sides of social situations, it is not possible to be “precautionary” in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. ...
    • Avoiding Absurdity? A New Canon in Regulatory Law 

      Sunstein, Cass Robert (The Law School of the University of Chicago, 2002)
      Courts have recently developed a new principle of interpretation: Administrative agencies are not bound by the literal language of regulatory statutes, if they are attempting to ensure against absurd or patently unreasonable ...
    • Backlash's Travel 

      Sunstein, Cass Robert (Harvard University, Harvard Law School, 2007)
      Sometimes the public greatly opposes the decisions of the Supreme Court; sometimes the Court seems to anticipate public backlash and even to respond to it when it occurs. Should a social planner want the Court to anticipate ...
    • Behavioral Analysis of Law 

      Sunstein, Cass Robert (University of Chicago Law School, 2014-09-17)
    • A Behavioral Approach to Law and Economics 

      Sunstein, Cass Robert; Jolls, Christine; Thaler, Richard (2014-09-22)
    • Behaviorally Informed Health Policy? Patient Autonomy, Active Choosing, and Paternalism 

      Sunstein, Cass Robert (Johns Hopkins U. Press, 2015)
      Many people have insisted on an opposition between active choosing and paternalism, and in some cases, they are right to do so. But in many contexts, the opposition is illusory, because people do not want to choose actively. ...
    • Beyond Cheneyism and Snowdenism 

      Sunstein, Cass Robert (University of Chicago Press, 2015)
      In the domain of national security, many people favor some kind of Precautionary Principle, insisting that it is far better to be safe than sorry, and hence that a range of important safeguards, including widespread ...
    • Beyond Judicial Minimalism 

      Sunstein, Cass Robert (2007)
      Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal ...
    • Beyond the Precautionary Principle 

      Sunstein, Cass Robert (2003)
      The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it ...