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22 Sep 2014, 12:56 pm
In this New Republic review of an interesting new book by historian Richard Evans, Harvard law professor Cass Sunstein provides a good explanation of why counterfactual analysis is often a useful tool for scholars. [read post]
16 Sep 2014, 8:10 am
Famed Harvard law professor (and former Obama administration official) Cass Sunstein argues that Obama’s air strikes are authorized by the 2001 AUMF against the perpetrators of the 9/11 attacks. [read post]
11 Sep 2014, 3:23 pm by Commentary:
The new Apple payment system has extraordinary promise. [read post]
19 Aug 2014, 6:46 am
 If non-delegation arguments are to be effective, I think they have to be combined with other constitutional attacks or framed as reasons why a court should construe a statute narrowly, as suggested by Cass Sunstein in his paper on “Non-Delegation Canons. [read post]
12 Aug 2014, 5:36 am by Staci Zaretsky
[Associated Press] * Considering many Americans can’t name a single justice, whether the high court issues 9-0 or 5-4 opinions likely matters little, but Cass Sunstein has a study on it. [read post]
11 Aug 2014, 5:27 pm
 Adam Liptak reports on a new paper by Cass Sunstein suggesting that greater unanimity on the Court does not necessarily enhance the legitimacy, stability, or certainty of the law. [read post]
17 Jul 2014, 10:36 am
Cass Sunstein complains that there is no textual barrier to congressional delegation of legislative power. [read post]
17 Jun 2014, 3:30 am by Peter Shane
I have argued that the Constitution embodies no such principle.1 On the other hand, scholars as otherwise unalike as Steve Calabresi and Cass Sunstein have urged—on originalist and nonoriginalist grounds, respectively—to the contrary. [read post]
16 Jun 2014, 1:53 pm
Cass Sunstein tops the list for the 2009-2013 period, followed by Erwin Chemerinsky and Richard Epstein. [read post]
21 May 2014, 2:01 pm by Joe Patrice
[Legal Times] * Cass Sunstein on Rand Paul’s real father — Richard Epstein. [read post]
19 May 2014, 9:50 am
Cass Sunstein has a New York Review of Books review of Justice Stevens's book plumping for amending the Constitution to reverse 6 doctrines he abhors. [read post]
30 Apr 2014, 9:30 pm by James Hobbs
In a recently released working paper, Harvard Law School Professors Cass R. [read post]
30 Apr 2014, 9:21 am by June Casey
: The Politics of Libertarian Paternalism Cass Sunstein, Apr. 14, 2014 With panelists Iris Bohnet, Richard Fallon, Frank Michelman and Sendhil Mullainathan HLSL is currently looking for authors for the fall 2014 and spring 2015 book talk series. [read post]
29 Apr 2014, 11:22 am by UChicagoLaw
On his blog, Posner posts some thoughts about chapter 1 of Sunstein's new book. [read post]
8 Apr 2014, 8:57 am by UChicagoLaw
At The Volokh Conspiracy, Will Baude takes up Cass Sunstein's challenge to identify the “all time great” Supreme Court Justices. [read post]
7 Apr 2014, 6:35 am
Last week, Harvard Law Professor Cass Sunstein posted a proposed list of the “all time great” Supreme Court Justices: Who would make the cut? [read post]
1 Apr 2014, 2:01 pm by Joe Patrice
* Cass Sunstein is writing listicles on the best Supreme Court justices. [read post]
1 Apr 2014, 10:24 am
... and includes William Rehnquist.When I was clerking at the court in the early 1980s, Rehnquist told me that the court was like a ship that had become badly tilted — and he made a gesture, signaling that the court had tilted left....Reducing federal power and limiting the reach of numerous Warren court rulings, Rehnquist... succeeded in restoring what he considered to be the right constitutional balance. [read post]