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13 Dec 2016, 9:30 pm by Paul Stephan
Cass Sunstein, a professor at Harvard Law School, has argued that a non-independent agency’s ties to the President can provide cover from interest group influence. [read post]
10 Dec 2009, 1:55 pm
As Cass Sunstein has observed, when people have to make complicated risk judgments under uncertainty, they frequently fall prey to psychological and social forces that make them wary of questioning the conventional wisdom about particular risks. [read post]
16 Jan 2020, 9:05 pm by Alana Bevan
In a newly released working paper, Professor Cass Sunstein of Harvard Law School described how the administrative state has become a cost-benefit state. [read post]
28 Jun 2024, 9:50 am by Will Baude
Sunstein, Interpreting Statutes in the Regulatory State, 103 Harv. [read post]
4 Aug 2008, 5:50 am
One of Senator Obama's legal advisors, Cass Sunstein, a very distinguished legal scholar, suggested that the next Administration should not try to prosecute former Bush Administration officials except in an unspecified set of "egregious" cases. [read post]
23 May 2019, 9:30 pm by Alana Bevan
In a new working paper, Cass Sunstein of Harvard Law School argued that “procedural sludge”—excessive or unjustified administrative burdens—imposes significant costs on consumers and society. [read post]
26 Jan 2017, 9:30 pm by Justin S. Daniel
WHAT WE’RE READING THIS WEEK In a recent op-ed, Harvard Law School professor Cass R. [read post]
26 Jun 2007, 3:12 am
As Cass Sunstein has pointed out in an exchange with Ronald Dworkin (29 Ariz. [read post]
7 Jul 2024, 6:00 am by Lawrence Solum
  For example, Cass Sunstein has written: [I]t seems clear that to have a claim on lawyers' attention, any serious theory of constitutional interpretation must be able to explain why Brown was right. [read post]
11 Sep 2022, 6:00 am by Lawrence Solum
  For example, Cass Sunstein has written: [I]t seems clear that to have a claim on lawyers' attention, any serious theory of constitutional interpretation must be able to explain why Brown was right. [read post]
27 Sep 2024, 7:30 am by Guest Blogger
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023). [read post]
24 May 2010, 11:11 am by Marvin Ammori
A few weeks back, I posted a long blog post about Elena Kagan's scholarship and what it suggests about her views on Citizens United and the constitutionality of standard media regulation. [read post]
30 Jun 2021, 3:00 am by Jack Sharman
Narrative fails—in the courtroom or in crime fiction—when the narrator fails to reach into the life of others and thus see what their “real” life is. [read post]
16 Jul 2022, 8:17 pm by Guest Author
” Professor Cass Sunstein recently wrote an article taking the position that “there are two major questions doctrines. [read post]
19 Oct 2006, 10:18 pm
By urging crime control responses that have appeal to all these various worldviews, Kahan appears, at first blush, to be drawing from the same well as his former colleague, Cass Sunstein—who has generally urged judges to decide cases on narrow grounds. [read post]
21 Apr 2025, 9:05 pm by Douglas H. Ginsburg
Or as Cass Sunstein and Peter Strauss observed, Executive Order 12,498 provided “a means of ensuring that regulatory policy is set by agency heads rather than staffs. [read post]
6 Jan 2010, 8:03 am by David
I do not here have time to go into standing's many flaws or the many examples of its flawed application (you can, however, read more by me about it here and more by then professor, now Judge William Fletcher here and more by then Professor now Head of the Office of Information and Regulatory Affairs Cass Sunstein just about everywhere). [read post]
7 Jul 2022, 6:30 am by JB
His co-author, Cass Sunstein, and his colleague Frank Michelman both promoted a republican revival in the 1980s, albeit for progressive ends. [read post]
20 Jan 2017, 8:46 am by Sandy Levinson
  Indeed, one of the interesting features of his argument is the significant criticism directed at his friend and sometime co-author Cass Sunstein, who has far more faith in truly technocratic reasoning than Vermeule exhibits. [read post]