Best Selling Books by Cass R. Sunstein

Cass Sunstein, for three years President Obama''s "regulatory czar" heading the White House Office of Information and Regulatory Affairs, oversaw a far-reaching restructuring of America''s regulatory state. In this book he pulls back the curtain to show what was done, why Americans are better off as a result, and what the future has in store.

The different ways that social change happens, from unleashing to nudging to social cascades. "Sunstein''s book is illuminating because it puts norms at the center of how we think about change."—David Brooks, The New York Times 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. Sunstein focuses on the crucial role of social norms—and on their frequent collapse. When norms lead people to silence themselves, even an unpopular status quo can persist. Then one day, someone challenges the norm—a child who exclaims that the emperor has no clothes; a woman who says “me too.” Sometimes suppressed outrage is unleashed, and long-standing practices fall. Sometimes change is more gradual, as “nudges” help produce new and different decisions—apps that count calories; texted reminders of deadlines; automatic enrollment in green energy or pension plans. Sunstein explores what kinds of nudges are effective and shows why nudges sometimes give way to bans and mandates. Finally, he considers social divisions, social cascades, and “partyism,” when identification with a political party creates a strong bias against all members of an opposing party—which can both fuel and block social change.

In this groundbreaking book, eminent legal scholar Cass Sunstein argues that in every era, constitutional debates are, in fact, contests between four different types of ''Constitutional Personae'' - Heroes, Soldiers, Minimalists, and Mutes.

"In this concise, pragmatic guide, Cass Sunstein presents a range of scenarios involving students, professors, and administrators, and demonstrates how to distinguish reasonable restrictions from impermissible infringement on free speech. It is an indispensable resource for understanding the key issues surrounding free-speech debates on campuses"--

Cover -- Table of Contents -- Introduction -- 1. Theories of Interpretation -- 2. The Inevitability of Choice -- 3. The Oath of Office -- 4. How to Choose -- 5. Traditions: "Athwart History, Yelling Stop" -- 6. Where to Stand -- Acknowledgments -- Index -- The Constitution of the United States.

NEW YORK TIMES BESTSELLER #1 Washington Post Bestseller There’s Santa Claus, Shakespeare, Mickey Mouse, the Bible, and then there’s Star Wars. Nothing quite compares to sitting down with a young child and hearing the sound of John Williams’s score as those beloved golden letters fill the screen. In this fun, erudite, and often moving book, Cass R. Sunstein explores the lessons of Star Wars as they relate to childhood, fathers, the Dark Side, rebellion, and redemption. As it turns out, Star Wars also has a lot to teach us about constitutional law, economics, and political uprisings. In rich detail, Sunstein tells the story of the films’ wildly unanticipated success and explores why some things succeed while others fail. Ultimately, Sunstein argues, Star Wars is about freedom of choice and our never-ending ability to make the right decision when the chips are down. Written with buoyant prose and considerable heart, The World According to Star Wars shines a bright new light on the most beloved story of our time.

In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.

In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America''s best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation''s citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.

Worldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution''s text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document''s meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

This was not always the case, as Sunstein demonstrates; nor was it the intention of the country''s founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations - and Sunstein makes a strong case for reviving this broader understanding of the Constitution''s role.

From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means—and requires—today In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn’t nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go—whether the issue involves health, money, jobs, children, or relationships. In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live—which raises the difficult question of which outcome best promotes our well-being. Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed—and shows what it would take to make freedom real.

The New York Times–bestselling author of Nudge explains why policies should be based on careful consideration of their costs and benefits rather than on intuition, popular opinion, interest groups, and anecdotes. Opinions on government policies vary widely. Some people feel passionately about the child obesity epidemic and support government regulation of sugary drinks. Others argue that people should be able to eat and drink whatever they like. Some people are alarmed about climate change and favor aggressive government intervention. Others don''t feel the need for any sort of climate regulation. In The Cost-Benefit Revolution, Cass Sunstein argues our major disagreements really involve facts, not values. It follows that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers—meaning careful consideration of costs and benefits. Will a policy save one life, or one thousand lives? Will it impose costs on consumers, and if so, will the costs be high or negligible? Will it hurt workers and small businesses, and, if so, precisely how much? As the Obama administration''s “regulatory czar,” Sunstein knows his subject in both theory and practice. Drawing on behavioral economics and his well-known emphasis on “nudging,” he celebrates the cost-benefit revolution in policy making, tracing its defining moments in the Reagan, Clinton, and Obama administrations (and pondering its uncertain future in the Trump administration). He acknowledges that public officials often lack information about costs and benefits, and outlines state-of-the-art techniques for acquiring that information. Policies should make people''s lives better. Quantitative cost-benefit analysis, Sunstein argues, is the best available method for making this happen—even if, in the future, new measures of human well-being, also explored in this book, may be better still.

*Once again a New York Times bestseller! First the original edition, and now the new Final Edition* An essential new edition―revised and updated from cover to cover―of one of the most important books of the last two decades, by Nobel Prize winner Richard H. Thaler and Cass R. Sunstein More than 2 million copies sold 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 400 “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. Now, the authors have rewritten the book from cover to cover, making use of their experiences in and out of government over the past dozen years as well as an explosion of new research in numerous academic disciplines. To commit themselves to never undertaking this daunting task again, they are calling this the “final edition.” It offers a wealth of new insights, for both its avowed fans and newcomers to the field, about a wide variety of issues that we face in our daily lives—COVID-19, health, personal finance, retirement savings, credit card debt, home mortgages, medical care, organ donation, climate change, and “sludge” (paperwork and other nuisances we don’t want, and that keep us from getting what we do want)—all while honoring one of the cardinal rules of nudging: make it fun!

From the New York Times bestselling author of Nudge and The World According to Star Wars, a revealing account of how today''s Internet threatens democracy—and what can be done about it As the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It''s no accident that on some occasions, people of different political views cannot even understand one another. It''s also no surprise that terrorist groups have been able to exploit social media to deadly effect. Welcome to the age of #Republic. In this revealing book, New York Times bestselling author Cass Sunstein shows how today’s Internet is driving political fragmentation, polarization, and even extremism--and what can be done about it. He proposes practical and legal changes to make the Internet friendlier to democratic deliberation, showing that #Republic need not be an ironic term. Rather, it can be a rallying cry for the kind of democracy that citizens of diverse societies need most.

Our ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being.

Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity We live in an era of tribalism, polarization, and intense social division—separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity—what it is and how it works—as well as the countervailing force of dissent. An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more. Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself. Sunstein concludes that while much of the time it is in the individual’s interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

The most controversial essays from the bestselling author once called the most dangerous man in America—collected for the first time. The nation’s most-cited legal scholar who for decades has been at the forefront of applied behavioral economics, and the bestselling author of Nudge and Simpler, Cass Sunstein is one of the world’s most innovative thinkers in the academy and the world of practical politics. In the years leading up to his confirmation as the administrator of the White House Office of Information and Regulatory Affairs (OIRA), Sunstein published hundreds of articles on everything from same-sex marriage to cost-benefit analysis. Conspiracy Theories and Other Dangerous Ideas is a collection of his most famous, insightful, relevant, and inflammatory pieces. Within these pages you will learn: • Why perfectly rational people sometimes believe crazy conspiracy theories • What wealthy countries should and should not do about climate change • Why governments should allow same-sex marriage, and what the “right to marry” is all about • Why animals have rights (and what that means) • Why we “misfear,” meaning get scared when we should be unconcerned and are unconcerned when we should get scared • What kinds of losses make us miserable, and what kinds of losses are absolutely fine • How to find the balance between religious freedom and gender equality • And much more... Cass Sunstein is a unique, controversial, and exciting voice in the political world. A man who cuts through the fog of left vs. right arguments and offers logical, evidence-based, and often surprising solutions to today’s most challenging questions.

“With insight, wisdom, affection, and concern, Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” —Doris Kearns Goodwin No one is above the law, not even the president. Impeachment is the most potent tool the founders gave us to ensure it, and yet few of us even know how it works. As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public''s responsibility. One route the Constitution provides for discharging that duty--a route rarely traveled--is impeachment. Expanding beyond violations of the law, impeachment was meant to defend against any action that would undermine the foundations of our republic. Harvard Law professor Cass R. Sunstein provides a succinct citizen''s guide to this essential tool of self-government. Taking us deeper than mere partisan politics, he illuminates the constitutional design behind impeachment and emphasizes the people''s role in holding presidents accountable. In spite of the loud national debate over whether or not the House is right to impeach Trump, impeachment itself remains widely misunderstood. Sunstein identifies and corrects a number of common misconceptions, and describes how impeachment helps is an essential piece of our constitutional order, and a crucial part of the framers'' decision to install an empowered executive in a nation deeply fearful of kings. With an eye toward the past and the future, Impeachment: A Citizen''s Guide considers a host of actual and imaginable arguments for a president''s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. And with an afterword and appendix on the current impeachment, it puts the national debate in its proper historical context. In direct and approachable terms, it is a guide through the treacherous waters of the impeachment process so that Americans of all political convictions may use their ultimate civic authority wisely.

This text shows us how to approach the Internet as responsible people. Democracy, it maintains, depends on shared experiences and requires people to be exposed to topics and ideas that they would not have chosen in advance.

How our economic rights are fundamental to the security and stability of our democracy. In 1944, Franklin Delano Roosevelt gave a State of the Union Address that should be counted as the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that “unless there is security here at home, there cannot be lasting peace in the world.” To help ensure that security, he proposed a “Second Bill of Rights”—economic rights that he saw as necessary to political freedom, including a right to education, a right to adequate health care, a right to a home, and a right to protection against destitution. Many of the great legislative achievements of the past eighty years stem from Roosevelt’s vision. In The Second Bill of Rights, Cass Sunstein uses this speech as a launching point to show how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and of our current political scene that has never been more urgent or more relevant.

"In Going to Extremes, renowned legal scholar and best-selling author Cass R. Sunstein offers startling insights into why and when people gravitate toward extremism."--Inside jacket.

. . . Or has it already? Experts in law, politics, and other fields discuss the state of American freedom—and its precarious future. With the 2016 election of Donald J. Trump, many on both the left and right feared that America’s 240-year-old grand experiment in democracy was coming to an end, and that Sinclair Lewis’ satirical novel It Can’t Happen Here, written during the dark days of the 1930s, could finally be coming true. Is the democratic freedom that the United States symbolizes really secure? Can authoritarianism happen in America? Acclaimed legal scholar, Harvard professor, and New York Times–bestselling author Cass R. Sunstein queried a number of the nation’s leading experts on the subject. In this thought-provoking collection of essays, these distinguished thinkers and theorists explore the lessons of history, how democracies crumble, how propaganda works, and the role of the media, courts, elections, and “fake news” in the modern political landscape—and what the future of the United States may hold. “What makes Trump immune is that he is not a president within the context of a healthy Republican government. He is a cult leader of a movement that has taken over a political party—and he specifically campaigned on a platform of one-man rule. This fact permeates Can It Happen Here? . . . which concludes, if you read between the lines, that ‘it’ already has.” —The New York Times Book Review “Cautionary pieces well-informed by history, legal theory, and patriotism.” —Kirkus Reviews Contributors include: Martha Minow, dean of Harvard Law School Eric Posner, law professor at the University of Chicago Law School Tyler Cowen, economics professor at George Mason University Timur Kuran, economics and political science professor at Duke University Noah Feldman, professor of law at Harvard Law School Jonathan Haidt, social psychologist and Professor of Ethical Leadership at New York University’s Stern School of Business Jack Goldsmith, Professor at Harvard Law School, Senior Fellow at the Hoover Institution, and co-founder of Lawfare Stephen Holmes, Professor of Law at New York University Jon Elster, Professor of the Social Sciences at Columbia University Thomas Ginsburg, Professor of International Law and Professor of Political Science at the University of Chicago and a member of the American Academy of Arts and Sciences Cass R. Sunstein, Robert Walmsley University Professor, Harvard University Duncan Watts, sociologist and principal researcher at Microsoft Research Geoffrey R. Stone, University of Chicago Law school professor and noted First Amendment scholar

A fresh examination of constitutionalism is presented by one of the nation''s most respected legal scholars.

The rise of the "information society" offers not only considerable peril but also great promise. Beset from all sides by a never-ending barrage of media, how can we ensure that the most accurate information emerges and is heeded? In this book, Cass R. Sunstein develops a deeply optimistic understanding of the human potential to pool information, and to use that knowledge to improve our lives. In an age of information overload, it is easy to fall back on our own prejudices and insulate ourselves with comforting opinions that reaffirm our core beliefs. Crowds quickly become mobs. The justification for the Iraq war, the collapse of Enron, the explosion of the space shuttle Columbia--all of these resulted from decisions made by leaders and groups trapped in "information cocoons," shielded from information at odds with their preconceptions. How can leaders and ordinary people challenge insular decision making and gain access to the sum of human knowledge? Stunning new ways to share and aggregate information, many Internet-based, are helping companies, schools, governments, and individuals not only to acquire, but also to create, ever-growing bodies of accurate knowledge. Through a ceaseless flurry of self-correcting exchanges, wikis, covering everything from politics and business plans to sports and science fiction subcultures, amass--and refine--information. Open-source software enables large numbers of people to participate in technological development. Prediction markets aggregate information in a way that allows companies, ranging from computer manufacturers to Hollywood studios, to make better decisions about product launches and office openings. Sunstein shows how people can assimilate aggregated information without succumbing to the dangers of the herd mentality--and when and why the new aggregation techniques are so astoundingly accurate. In a world where opinion and anecdote increasingly compete on equal footing with hard evidence, the on-line effort of many minds coming together might well provide the best path to infotopia.

Here is one of the most fundamental questions in human life: How do we decide how we decide? We make such decisions all the time. If you trust your doctor, you might decide to follow a simple rule for medical decisions: Do whatever your doctor suggests. If you like someone a lot, and maybe love them, but are not sure whether you want to marry them, you might do this: Live with them first. Some of these strategies are wise. They prevent error. They improve your emotional well-being. Some of these strategies are foolish. They lead you in the direction of terrible mistakes. They prevent you from learning. They might make you miserable. Decisions about Decisions explores how people do, and should, make decisions about decisions. It aims to see what such decisions are, to explore how they go right, and see where they go wrong.

This “smart and fun read, and a valuable way to revitalize your life” (Walter Isaacson) deftly explains how disrupting our well-worn routines, both good and bad, can rejuvenate and reset our brains for the better. Have you ever noticed that what is exciting on Monday tends to become boring on Friday? Even passionate relationships, stimulating jobs, and breathtaking works of art lose their sparkle after a while. As easy as it is to stop noticing what is most wonderful in our lives, it’s also possible to stop noticing what is terrible. People get used to dirty air. They become unconcerned by their own misconduct, blind to inequality, and are more liable to believe misinformation than ever before. Now, neuroscience professor Tali Sharot and Harvard law professor (and presidential advisor) Cass R. Sunstein investigate why we stop noticing both the great and not-so-great things around us and how to “dishabituate” at the office, in the bedroom, at the store, on social media, and in the voting booth. This groundbreaking and “sensational guide to a more psychological rich life” (Angela Duckworth, New York Times bestselling author), based on decades of research, illuminates how we can reignite the sparks of joy, innovate, and recognize where improvements urgently need to be made. The key to this disruption—to seeing, feeling, and noticing again—is change. By temporarily changing your environment, changing the rules, changing the people you interact with—or even just stepping back and imagining change—you regain sensitivity, allowing you to identify more clearly the bad and more deeply appreciate the good.

NEW YORK TIMES BESTSELLER From the Nobel Prize-winning author of Thinking, Fast and Slow and the coauthor of Nudge, a revolutionary exploration of why people make bad judgments and how to make better ones—"a tour de force” (New York Times). Imagine that two doctors in the same city give different diagnoses to identical patients—or that two judges in the same courthouse give markedly different sentences to people who have committed the same crime. Suppose that different interviewers at the same firm make different decisions about indistinguishable job applicants—or that when a company is handling customer complaints, the resolution depends on who happens to answer the phone. Now imagine that the same doctor, the same judge, the same interviewer, or the same customer service agent makes different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday. These are examples of noise: variability in judgments that should be identical. In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions. Packed with original ideas, and offering the same kinds of research-based insights that made Thinking, Fast and Slow and Nudge groundbreaking New York Times bestsellers, Noise explains how and why humans are so susceptible to noise in judgment—and what we can do about it.

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein''s contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court''s rulings on these hot issues are awaited and as intently as they''re studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book. One of America''s preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress''s efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.

Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.

Laying bare the folly of some of our most cherished myths, this book presents a radically illuminating view of our most precious rights.

"We''ve all been involved in group decisions--and they''re hard. And they often turn out badly. Why? Many blame bad decisions on ''groupthink'' without a clear idea of what that term really means. Now, Nudge coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong--and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes"--Dust jacket flap.

The New York Times–bestselling co-author of Nudge explores how more information can make us happy or miserable—and why we sometimes avoid it but sometimes seek it out. How much information is too much? Do we need to know how many calories are in the giant vat of popcorn that we bought on our way into the movie theater? Do we want to know if we are genetically predisposed to a certain disease? Can we do anything useful with next week''s weather forecast for Paris if we are not in Paris? In Too Much Information, Cass Sunstein examines the effects of information on our lives. Policymakers emphasize “the right to know,” but Sunstein takes a different perspective, arguing that the focus should be on human well-being and what information contributes to it. Government should require companies, employers, hospitals, and others to disclose information not because of a general “right to know” but when the information in question would significantly improve people''s lives. Of course, says Sunstein, we are better off with stop signs, warnings on prescription drugs, and reminders about payment due dates. But sometimes less is more. What we need is more clarity about what information is actually doing or achieving.

The New York Times–bestselling author of Nudge reveals how we became so burdened by red tape and unnecessary paperwork—and why we must do better. “If nudges have a mortal enemy, or perhaps the equivalent of antimatter to matter, it’s ‘sludge’.” —Forbes We’ve all had to fight our way through administrative sludge—filling out complicated online forms, mailing in paperwork, standing in line at the motor vehicle registry. This kind of red tape is a nuisance, but, as Cass Sunstein shows in Sludge, it can also impair health, reduce growth, entrench poverty, and exacerbate inequality. Confronted by sludge, people just give up—and lose a promised outcome: a visa, a job, a permit, an educational opportunity, necessary medical help. In this lively and entertaining look at the terribleness of sludge, Sunstein explains what we can do to reduce it. Because of sludge, Sunstein, explains, too many people don''t receive benefits to which they are entitled. Sludge even prevents many people from exercising their constitutional rights—when, for example, barriers to voting in an election are too high. (A Sludge Reduction Act would be a Voting Rights Act.) Sunstein takes readers on a tour of the not-so-wonderful world of sludge, describes justifications for certain kinds of sludge, and proposes “Sludge Audits” as a way to measure the effects of sludge. On balance, Sunstein argues, sludge infringes on human dignity, making people feel that their time and even their lives don''t matter. We must do better.

How does group behavior drive extremism and challenge democratic values? Cass R. Sunstein argues that the key to preventing the spread of extremist views is not to suppress deliberation among the like-minded; such groups productively challenge conventional thinking and majority opinion. Instead, policymakers should develop institutions to ensure that like-minded groups encounter a diversity of opinions within civil society. The goal, Sunstein contends, must be to create opportunities for civil deliberation that expose like-minded group members to opposing views, while exposing society at large to the views of such groups.

"What happens to democracy and free speech if people use the Internet to create echo chambers--to listen and speak only to the like-minded? What is the democratic benefit of the Internet''s unlimited choices if citizens narrowly limit the information they receive, creating ever-smaller niches and fragmenting the shared public conversation on which democracy depends? Cass Sunstein first asked these questions before 9/11, in Republic.com, and they have become even more urgent in the years since. Now, in Republic.com 2.0, Sunstein thoroughly rethinks the critical relationship between democracy and the Internet in a world where partisan Web logs have emerged as a significant force in politics and where cyber-jihadists have embraced the Internet to thwart democracy and spread violence. Emphasizing the value of unplanned, unchosen encounters, the original Republic.com provoked a strong reaction from cyber-optimists. In Republic.com 2.0 Sunstein answers the critics and expands his argument to take account of new developments, including the blogosphere, and fresh evidence about how people are using the Internet. He demonstrates that the real question is how to avoid "information cocoons" and to ensure that the unrestricted choices made possible by technology do not undermine democracy. Sunstein also proposes new remedies and reforms--focusing far less on what government should do, and much more on what consumers and producers should do--to help democracy avoid the perils, and realize the promise, of the Internet."--Publisher desscription.