Search for: "Cass Sunstein"
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22 Feb 2016, 11:42 am
Older liberals like Larry Tribe, Ronald Dworkin and John Hart Ely vigorously defended the Warren Court; the generation of liberal scholars that came of age after Ronald Reagan's election, in the era of the Burger and Rehnquist Courts (which includes Larry Kramer and Cass Sunstein, among others), developed their views in a world dominated by conservative politics and mostly conservative courts. [read post]
23 Dec 2020, 7:30 am
Companies seemed to have been reading Richard Thaler’s and Cass Sunstein’s “Nudge” and basically operationalizing it for the age of social media dilemmas, trying to improve decisions of users and slow the virality of certain kinds of falsehoods. [read post]
22 Sep 2020, 6:30 am
And his logics allowed me to easily extend the implications of his arguments to scholars he hadn’t treated, including Ronald Dworkin, Cass Sunstein, and, although my constitutional theory isn’t judicial in its focus, myself. [read post]
14 Aug 2023, 5:36 am
Cass R. [read post]
18 Jul 2019, 8:32 am
” Of course, Stevens was correct and Justice Scalia supported his assertion with a cite to a single article by Cass Sunstein and Adrian Vermeule that was not an empirical evaluation of the deterrent effect of the death penalty, but rather a philosophical discussion of what would be appropriate policy if the death penalty did deter. [read post]
23 Jul 2010, 6:46 am
” Consider, for example, a proposal set forth by Cass Sunstein, the prolific University of Chicago law professor (and now Obama Administration official). [read post]
7 Nov 2022, 7:19 am
Chris Walker had the great idea to assemble a bibliography on the major questions doctrine (MQD) so that we can have a one-stop shop for all things MQD. [read post]
22 Dec 2006, 11:31 am
The Anti-Torture MemosArranged by topicWe've previously compiled a running list of all posts related to civil liberties, the War on Terror, and presidential power, listed by author.By popular demand, here is a list of the essays grouped by topic. [read post]
10 Mar 2013, 9:30 pm
The act of regulating, as Cass Sunstein has noted, places a priority on one form of harm while raising the likelihood of a negative consequence elsewhere. [read post]
26 Aug 2024, 9:05 pm
Many noted scholars contributed chapters, including Nobel laureates George Akerlof, Kenneth Arrow, Tom Schelling, and Robert Shiller, plus luminaries like Colin Camerer, Howard Raffa, Paul Slovic, and Cass Sunstein. [read post]
19 Mar 2017, 9:30 pm
And even when some information is missing, Harvard Law School Professor Cass Sunstein argues, agencies feasibly can still make an effort to quantify benefits and costs, identify ranges of outcomes, acknowledge uncertainties, and employ “breakeven analysis”—a method of comparing benefits and costs in the face of information gaps that might otherwise make conducting cost-benefit analysis impossible for financial regulators. [read post]
19 Apr 2010, 4:55 pm
” Indeed, in my post I linked some important articles on regulatory irrationality by Thaler’s coauthor Cass Sunstein. [read post]
25 Jun 2021, 9:03 pm
“The key modern statute that helps ensure bureaucratic justice is the Administrative Procedure Act,” Paul Verkuil of the Administrative Conference of the United States (ACUS) highlights in an essay analyzing Cass Sunstein and Adrian Vermeule’s book, Law and Leviathan: Redeeming the Administrative State. [read post]
20 Mar 2014, 4:00 am
In their ground-breaking book Nudge, Cass Sunstein and Richard Thaler show how what we have learned about human behaviour requires a re-think of whether we always need a ‘law’ and an ‘enforcement mechanism’ to influence human behaviour. [read post]
3 Jul 2023, 5:28 am
Famously stated by Cass Sunstein, the nondelegation doctrine “has had one good year…” Since 1935 when the Court was using the doctrine to strike down FDR’s New Deal programs, the Court has repeatedly upheld delegations so long as they are subject to a limiting “intelligible principle. [read post]
15 Mar 2018, 9:54 pm
Check out Dan Ariely, Richard Thaler, Cass Sunstein, or Daniel Kahneman for more information. [read post]
7 Jun 2021, 9:03 pm
As Cass R. [read post]
29 Jun 2009, 8:50 am
In each case, one member of the Court's conservative majority went where the conservative majority would not go: Justice Thomas flatly stated that the Voting Rights Act was unconstitutional; Justice Scalia questioned whether disparate impact liability violated the Fourteenth Amendment.The interesting question is why the Roberts Court stopped short in each case.Judicial minimalism is (pace Cass Sunstein), not a substantive theory of how to interpret the Constitution, but rather… [read post]
18 Jun 2012, 7:28 pm
” (Cass Sunstein and Richard Thaler, “Libertarian Paternalism is not an Oxymoron” University of Chicago Law Review, fall, 2003) I agree that consumers do not always make choices in their own interest (even aside from having insufficient information). [read post]
13 Apr 2020, 9:00 pm
Hamilton advocated a strong national government, but Madison was deeply suspicious.Elements of Vermeule’s position also appear in debates between liberals and so-called “called “civic republicans” who, drawing on philosophical traditions going back to Aristotle, have long held that government should take as its aim the promotion of civic virtue and patriotism.Some antecedents even can be found in Franklin Delano Roosevelt’s New Deal with, what law professor… [read post]
