Most Popular Books by Cass R. Sunstein

In recent years, ''nudge units'' or ''behavioral insights teams'' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge (2008), breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people''s attitudes towards a broad range of nudges, choice architecture, and mandates.

The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

. . . 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

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.

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

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 * New York Times bestseller 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!

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.

Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors—social cascades, group polarization, and biased assimilation. They also know that the presumed correctives—publishing balanced information, issuing corrections, and trusting the marketplace of ideas—do not always work. All of us are vulnerable. In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.

Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests—producing what Sunstein describes as “behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice. Against those who reject paternalism of any kind, Sunstein shows that “choice architecture”—government-imposed structures that affect our choices—is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful—and that it makes people’s lives better and longer.

The social cost of carbon: The most important number you''ve never heard of—and what it means. If you''re injuring someone, you should stop—and pay for the damage you''ve caused. Why, this book asks, does this simple proposition, generally accepted, not apply to climate change? In Climate Justice, a bracing challenge to status-quo thinking on the ethics of climate change, renowned author and legal scholar Cass Sunstein clearly frames what’s at stake and lays out the moral imperative: When it comes to climate change, everyone must be counted equally, regardless of when they live or where they live—which means that wealthy nations, which have disproportionately benefited from greenhouse gas emissions, are obliged to help future generations and people in poor nations that are particularly vulnerable. Invoking principles of corrective justice and distributive justice, Sunstein argues that rich countries should pay for the harms that they have caused and that all of us are obliged to take steps to protect future generations from serious climate-related damage. He shows how “choice engines,” informed by artificial intelligence, can enable people to save money and to reduce the harms they produce. The book casts new light on the “social cost of carbon,” the most important number in climate change debates—and explains how intergenerational neutrality and international neutrality can help all nations, above all the United States and China, do what must be done.

Argues that conservatives want to restore "the Constitution in Exile," which would undermine the civil liberties of Americans and endanger environmental regulations, campaign finance laws, and the right to privacy.

This Palgrave Pivot offers comprehensive evidence about what people actually think of “nudge” policies designed to steer decision makers’ choices in positive directions. The data reveal that people in diverse nations generally favor nudges by strong majorities, with a preference for educative efforts – such as calorie labels - that equip individuals to make the best decisions for their own lives. On the other hand, there are significant arguments for noneducational nudges – such as automatic enrollment in savings plans - as they allow people to devote their scarce time and attention to their most pressing concerns. The decision to use either educative or noneducative nudges raises fundamental questions about human freedom in both theory and practice. Sunstein''s findings and analysis offer lessons for those involved in law and policy who are choosing which method to support as the most effective way to encourage lifestyle changes.

How our shifting sense of "what''s normal" defines the character of democracy "A provocative examination of social constructs and those who would alternately undo or improve them."—Kirkus Reviews This sharp and engaging collection of essays by leading governmental scholar Cass R. Sunstein examines shifting understandings of what''s normal, and how those shifts account for the feminist movement, the civil rights movement, the rise of Adolf Hitler, the founding itself, the rise of gun rights, the response to COVID-19, and changing understandings of liberty. Prevailing norms include the principle of equal dignity, the idea of not treating the press as an enemy of the people, and the social unacceptability of open expressions of racial discrimination. But norms are very different from laws. They arise and change in response to individual and collective action. Exploring Nazism, #MeToo, the work of Alexander Hamilton and James Madison, constitutional amendments, pandemics, and the influence of Ayn Rand, Sunstein reveals how norms ultimately determine the shape of government in the United States, Europe, and elsewhere.

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges ""activists""? Should they stop ""legislating from the bench""? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

Best-selling author Cass R. Sunstein examines how to avoid worst-case scenarios The world is increasingly confronted with new challenges related to climate change, globalization, disease, and technology. Governments are faced with having to decide how much risk is worth taking, how much destruction and death can be tolerated, and how much money should be invested in the hopes of avoiding catastrophe. Lacking full information, should decision-makers focus on avoiding the most catastrophic outcomes? When should extreme measures be taken to prevent as much destruction as possible? Averting Catastrophe explores how governments ought to make decisions in times of imminent disaster. Cass R. Sunstein argues that using the “maximin rule,” which calls for choosing the approach that eliminates the worst of the worst-case scenarios, may be necessary when public officials lack important information, and when the worst-case scenario is too disastrous to contemplate. He underscores this argument by emphasizing the reality of “Knightian uncertainty,” found in circumstances in which it is not possible to assign probabilities to various outcomes. Sunstein brings foundational issues in decision theory in close contact with real problems in regulation, law, and daily life, and considers other potential future risks. At once an approachable introduction to decision-theory and a provocative argument for how governments ought to handle risk, Averting Catastrophe offers a definitive path forward in a world rife with uncertainty.

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes-- portability, meaningful feedback, and greater efficiency.This looseleaf version of the Connected Casebook does not come with a binder. An outstanding author team examines administrative procedure and policy in light of substantive policy issues, such as public health and safety, environmental protections, and the regulation of the economy. Questions, notes, and problems support fruitful analysis of Supreme Court decisions, administrative acts, and matters of contemporary debate. Features: Revised materials on presidential appointment and removal E-rulemaking, the Obama Administration''s transparency and openness initiatives, and new technologies Material on the Information Quality Act, midnight regulations, and guidance documents A new section on global administrative law Significant new Supreme Court decisions Streamlined Notes and Questions CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Many "nudges" aim to make life simpler, safer, or easier for people to navigate, but what do members of the public really think about these policies? Drawing on surveys from numerous nations around the world, Sunstein and Reisch explore whether citizens approve of nudge policies. Their most important finding is simple and striking. In diverse countries, both democratic and nondemocratic, strong majorities approve of nudges designed to promote health, safety, and environmental protection—and their approval cuts across political divisions. In recent years, many governments have implemented behaviorally informed policies, focusing on nudges—understood as interventions that preserve freedom of choice, but that also steer people in certain directions. In some circles, nudges have become controversial, with questions raised about whether they amount to forms of manipulation. This fascinating book carefully considers these criticisms and answers important questions. What do citizens actually think about behaviorally informed policies? Do citizens have identifiable principles in mind when they approve or disapprove of the policies? Do citizens of different nations agree with each other? From the answers to these questions, the authors identify six principles of legitimacy—a "bill of rights" for nudging that build on strong public support for nudging policies around the world, while also recognizing what citizens disapprove of. Their bill of rights is designed to capture citizens’ central concerns, reflecting widespread commitments to freedom and welfare that transcend national boundaries.

Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called ''libertarian paternalism,'' designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security."--BOOK JACKET.

The casebook you asked for is here! Instructors nationwide have requested a First Amendment off-shoot from the best-selling Constitutional Law casebook by authors Stone, Seidman, Sunstein, and Tushnet. Now, Aspen is proud to meet that request with this current, concise, and focused volume designed expressly for a separate course or seminar dedicated to the First Amendment. Developed fromtheir chapters on Freedom of Expression and the Constitution and Religion, the authors focus 75 percent of the book on freedom of religion. The authors'' annual supplement to their Constitutional Law casebook will now include any new developments or revisions to the First Amendment to keep this new text completely up-to-date.