Showing results by author "Cass R. Sunstein" in All Categories

Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. 

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.

Our ability to make choices is fundamental to our sense of ourselves as human beings and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy: such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost. 

Lying has been with us from time immemorial. Yet today is different - and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. 

The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse.

Imagine que dois médicos na mesma cidade façam diagnósticos distintos a pacientes com o mesmo problema ou que dois juízes no mesmo tribunal deem sentenças diferentes a pessoas que cometeram o mesmo crime. Agora, suponha que este mesmo médico e este mesmo juiz tomem decisões diversas dependendo se é manhã ou tarde, segunda-feira ou quarta-feira, antes ou depois do almoço. Estes são exemplos de ruído: variabilidade em julgamentos que deveriam ser idênticos.