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Active Choosing or Default Rules? The Policymaker’s Dilemma
(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 ...
Changing Conceptions of Administration
(2014-10-08)
Empirically Informed Regulation
(University of Chicago Press, 2011)
In recent years, social scientists have been incorporating empirical findings about human behavior into economic models. These findings offer important insights for thinking about regulation and its likely consequences. ...
Irreversibility
(Oxford University Press, 2010)
The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. ...
Cost-Benefit Default Principles
(University of Chicago Law School, 2014-09-17)
In an important but thus far unnoticed development, federal courts have created a new series of "default principles" for statutory interpretation, authorizing regulatory agencies, when statutes are unclear, (a) to exempt ...
Hazardous Heuristics
(2015-01-28)
New work on heuristics and biases has explored the role of emotions and affect; the idea of “dual processing”; the place of heuristics and biases outside of the laboratory; and the implications of heuristics and biases for ...
The Law of Group Polarization
(2014-10-08)
In a striking empirical regularity, deliberation tends to move groups, and the individuals who compose them, toward a more extreme point in the direction indicated by their own predeliberation judgments. For example, people ...
Nonsectarian Welfare Statements
(2014-10-08)
How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation’s citizens to live good lives. A full answer ...
Choosing Not to Choose
(2014-09-17)
Choice can be an extraordinary benefit or an immense burden. In some contexts, people choose not to choose, or would do so if they were asked. For example, many people prefer not to make choices about their health or ...
The Law of 'Not Now'
(2014-09-18)
Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide. When is it lawful for them to do so? A substantial degree of agency autonomy is guaranteed ...