Cass Sunstein’s Limitless Liberalism
The full complexity of the liberal tradition has always escaped the sound and fury of its most strident critics. In the most recent intervention in the debate over the tradition’s meaning, Cass...
View ArticleThe House Has No Obligation to Impeach the President
Speaker Nancy Pelosi has recently stated that she does not favor impeaching President Trump. Some have questioned her position on the grounds that the President has committed high crimes or...
View ArticleMoneyball Illustrates Efficient Markets, Not Behavioral Economics
Late last year Michael Lewis, author of Moneyball, published The Undoing Project: A Friendship that Changed Our Minds, about the collaboration between Amos Tversky and Daniel Kahneman, whose work gave...
View ArticleThe Constitution’s Elegant Nudge
The catchy phrase is as important in academic writing as it is in popular writing. In motivating their constitution-making stage in The Calculus of Consent, James Buchanan and Gordon Tullock assumed...
View ArticleSunstein on Regulatory Reform
Few people who served in the Obama Administration or are professors at Harvard Law School praise the Trump Administration for anything, but Cass Sunstein is commending the Trump Executive Orders on...
View ArticleWhy Originalism?
In a recent column criticizing originalists for putting politics over principle, Cass R. Sunstein described a common take on what motivates originalism: “Originalists have an honorable goal, which is...
View ArticleSunstein’s Critique of Originalism
In his most recent column, Harvard Law Professor Cass Sunstein criticizes originalism: But originalism is just one of many possible approaches to the Constitution. If it is taken seriously, there is a...
View ArticleCan Behavioral Economics Justify the Unbound Regulator?
“You must be the best judge of your own happiness.” Jane Austen said that, in Emma, but the statement is also a keystone principle of modern microeconomic theory, and it provides the epistemic...
View ArticleDelegation, Unilateral Executive Authority and the Decline of Democracy
In a recent post, I discussed how Cass Sunstein argued, with the aid of the Star Wars saga, that delegation to the executive could be dangerous to democracy. While Posner and Vermeule contend that...
View ArticleCass Sunstein on Star Wars
Over at the Volokh Conspiracy, Cass Sunstein has been blogging on his new book on the Star Wars movies. He loves them and finds a variety of things to say about them that are more serious than Star...
View ArticleSunstein’s False Claim that Scalia Was a Living Constitutionalist
In an essay forthcoming for the Harvard Law Review, Cass Sunstein argues that Justice Antonin Scalia was in many important opinions a practitioner of living constitutionalism, that is someone who...
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On Freedom, Paternalism, and Power
Nudgers must then be endowed with significant interpretive leeway when it comes to setting priorities. Is this freedom?
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The House Has No Obligation to Impeach the President
Rep. Henry Hyde swears in Kenneth Starr to testify during Judiciary Committee impeachment hearings, November 19, 1998 (Scott J. Ferrell/Congressional Quarterly / Alamy Stock Photo).It is...
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Moneyball Illustrates Efficient Markets, Not Behavioral Economics
David Lee/Shutterstock.comMany have the story of Moneyball wrong: it's not a story of systematic error but one of eliminating systematic error in a market.
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The Constitution’s Elegant Nudge
The catchy phrase is as important in academic writing as it is in popular writing. In motivating their constitution-making stage in The Calculus of Consent, James Buchanan and Gordon Tullock assumed...
View ArticleSunstein on Regulatory Reform
CURA Photography/Shutterstock.comFew people who served in the Obama Administration or are professors at Harvard Law School praise the Trump Administration for anything, but Cass Sunstein is commending...
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Sunstein’s Critique of Originalism
Former President Barack Obama talks with Cass Sunstein and Valerie Jarrett on West Executive Avenue between the West Wing of the White House and the Eisenhower Executive Office Building, April 7, 2011...
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Why Originalism?
In a recent column criticizing originalists for putting politics over principle, Cass R. Sunstein described a common take on what motivates originalism: “Originalists have an honorable goal, which is...
View ArticleClik here to view.
Can Behavioral Economics Justify the Unbound Regulator?
“You must be the best judge of your own happiness.” Jane Austen said that, in Emma, but the statement is also a keystone principle of modern microeconomic theory, and it provides the epistemic...
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Duped by Grand Expectations
The silver anniversary of the Great Society was last year, and perhaps the most remarkable feature of the retrospectives by the academic and media establishment was the hard feelings shown toward the...
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