Search results for ""Author Cass R. Sunstein""

Best-selling author Cass R. Sunstein examines how to avoid worst-case scenarios The world is increasingly confronted with new challenges related to climate change, globalization, disease, and technology. Governments are faced with having to decide how much risk is worth taking, how much destruction and death can be tolerated, and how much money should be invested in the hopes of avoiding catastrophe. Lacking full information, should decision-makers focus on avoiding the most catastrophic outcomes? When should extreme measures be taken to prevent as much destruction as possible? 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. Sunstein brings foundational issues in decision theory in close contact with real problems in regulation, law, and daily life, and considers other potential future risks. At once an approachable introduction to decision-theory and a provocative argument for how governments ought to handle risk, Averting Catastrophe offers a definitive path forward in a world rife with uncertainty.

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The bestselling author of Simpler offers a powerful, provocative, and convincing argument for protecting people from their own mistakes Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests—producing what Sunstein describes as “behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice. Against those who reject paternalism of any kind, Sunstein shows that “choice architecture”—government-imposed structures that affect our choices—is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful—and that it makes people’s lives better and longer.

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Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity We live in an era of tribalism, polarization, and intense social division—separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity—what it is and how it works—as well as the countervailing force of dissent. An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more. Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself. Sunstein concludes that while much of the time it is in the individual’s interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

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Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity We live in an era of tribalism, polarization, and intense social division—separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity—what it is and how it works—as well as the countervailing force of dissent. An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more. Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself. Sunstein concludes that while much of the time it is in the individual’s interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

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Never in history have 1,322 words held out such extraordinary determination to be free as those found in the Declaration of Independence. In 1787, "We the people" were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. In 1791, the first ten Amendments to the Constitution of the United States of America, known to us as the Bill of Rights introduced the world to the concept of those singular rights that ought to belong to every free individual. In one compact volume, the full texts of both the Declaration of Independence and the Constitution of the United States of America with all ratified twenty-seven Amendments to the Constitution are side by side - along with another of America's seminal documents, Thomas Jefferson's Virginia Statute for Religious Freedom, an additional world-changing statement that codified for the first time that one cannot be required by law to support or prefer any belief or be punished for those one does profess - and the basis for what we have come to know as the "wall of separation" between church and state. Who we are and what we are free to be as citizens of the United States of America is contained between these covers. Cass R. Sunstein prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life. Enhanced by an index and suggestions for further reading, this volume, small in size but overwhelming in the impact of its contents, belongs in the home of every citizen of the United States.

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For fans of Thinking, Fast and Slow and The Power of Habit, a groundbreaking new study of how disrupting our well-worn routines, both good and bad, can rejuvenate our days and reset our brains to allow us to live happier and more fulfilling lives.Have you ever noticed that what is thrilling on Monday tends to become boring on Friday? Even exciting relationships, stimulating jobs, and breathtaking works of art lose their sparkle after a while. People stop noticing what is most wonderful in their own lives. They also stop noticing what is terrible. They get used to dirty air. They stay in abusive relationships. People grow to accept authoritarianism and take foolish risks. They become unconcerned by their own misconduct, blind to inequality, and are more liable to believe misinformation than ever before.But what if we could find a way to see everything anew? What if you could regain sensitivity, not only to the great things in your life, but also t

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NEW YORK TIMES BESTSELLERFULLY REVISED & UPDATED, WITH A NEW EPILOGUE"Delightful."—The EconomistThere’s Santa Claus, Shakespeare, Mickey Mouse, the Bible, and then there’s Star Wars. Nothing quite compares to sitting down with a young child and hearing the sound of John Williams’s score as those beloved golden letters fill the screen. In this fun, erudite, and often moving book, Cass R. Sunstein explores the lessons of Star Wars as they relate to childhood, fathers, the Dark Side, rebellion, and redemption. As it turns out, Star Wars also has a lot to teach us about constitutional law, economics, and political uprisings. In rich detail, Sunstein tells the story of the films’ wildly unanticipated success and explores why some things succeed while others fail. Ultimately, Sunstein argues, Star Wars is about freedom of choice and our never-ending ability to make the right decision when the chips are down. Written with buoyant prose and considerable heart, The World According to Star Wars shines a bright new light on the most beloved story of our time.

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Here is one of the most fundamental questions in human life: How do we decide how we decide? We make such decisions all the time. If you trust your doctor, you might decide to follow a simple rule for medical decisions: Do whatever your doctor suggests. If you like someone a lot, and maybe love them, but are not sure whether you want to marry them, you might do this: Live with them first. Some of these strategies are wise. They prevent error. They improve your emotional well-being. Some of these strategies are foolish. They lead you in the direction of terrible mistakes. They prevent you from learning. They might make you miserable. Decisions about Decisions explores how people do, and should, make decisions about decisions. It aims to see what such decisions are, to explore how they go right, and see where they go wrong.

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From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means—and requires—todayIn this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn’t nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go—whether the issue involves health, money, jobs, children, or relationships.In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live—which raises the difficult question of which outcome best promotes our well-being.Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed—and shows what it would take to make freedom real.

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Nuclear bombs in suitcases, anthrax bacilli in ventilators, tsunamis and meteors, avian flu, scorchingly hot temperatures: nightmares that were once the plot of Hollywood movies are now frighteningly real possibilities. How can we steer a path between willful inaction and reckless overreaction?Cass Sunstein explores these and other worst-case scenarios and how we might best prevent them in this vivid, illuminating, and highly original analysis. Singling out the problems of terrorism and climate change, Sunstein explores our susceptibility to two opposite and unhelpful reactions: panic and utter neglect. He shows how private individuals and public officials might best respond to low-probability risks of disaster—emphasizing the need to know what we will lose from precautions as well as from inaction. Finally, he offers an understanding of the uses and limits of cost–benefit analysis, especially when current generations are imposing risks on future generations.Throughout, Sunstein uses climate change as a defining case, because it dramatically illustrates the underlying principles. But he also discusses terrorism, depletion of the ozone layer, genetic modification of food, hurricanes, and worst-case scenarios faced in our ordinary lives. Sunstein concludes that if we can avoid the twin dangers of overreaction and apathy, we will be able to ameliorate if not avoid future catastrophes, retaining our sanity as well as scarce resources that can be devoted to more constructive ends.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This highly informative Advanced Introduction explores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introduction provides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law.Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introduction will be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

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From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpretedThe 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. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason.But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself.Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

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From the New York Times bestselling author of Nudge and The World According to Star Wars, a revealing account of how today's Internet threatens democracy—and what can be done about itAs the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It's no accident that on some occasions, people of different political views cannot even understand one another. It's also no surprise that terrorist groups have been able to exploit social media to deadly effect. Welcome to the age of #Republic.In this revealing book, New York Times bestselling author Cass Sunstein shows how today’s Internet is driving political fragmentation, polarization, and even extremism--and what can be done about it. He proposes practical and legal changes to make the Internet friendlier to democratic deliberation, showing that #Republic need not be an ironic term. Rather, it can be a rallying cry for the kind of democracy that citizens of diverse societies need most.

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In this concise, pragmatic guide, Cass Sunstein presents a range of scenarios involving students, professors, and administrators, and demonstrates how to distinguish reasonable restrictions from impermissible infringement on free speech. It is an indispensable resource for understanding the key issues surrounding free-speech debates on campuses.

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Fame is like lightning. Taylor Swift, Bob Dylan, Leonardo da Vinci, Jane Austen, Oprah Winfrey—all of them were struck. Why? What if they hadn''t been?Consider the most famous music group in history. What would the world be like if the Beatles never existed? This was the question posed by the playful, thought-provoking, 2019 film Yesterday, in which a young, completely unknown singer starts performing Beatles hits to a world that has never heard them. Would the Fab Four''s songs be as phenomenally popular as they are in our own Beatle-infused world? The movie asserts that they would, but is that true? Was the success of the Beatles inevitable due to their amazing, matchless talent?Maybe. It''s hard to imagine our world without its stars, icons, and celebrities. They are part of our culture and history, seeming permanent and preordained. But as Harvard law professor (and passionate Beatles fan) Cass Sunstein shows in this startling book, that is far

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How information can make us happy or miserable, and why we sometimes avoid it and sometimes seek it out.How much information is too much? Do we need to know how many calories are in the giant vat of popcorn that we bought on our way into the movie theater? Do we want to know if we are genetically predisposed to a certain disease? Can we do anything useful with next week''s weather forecast for Paris if we are not in Paris? In Too Much Information, Cass Sunstein examines the effects of information on our lives. Policymakers emphasize “the right to know,” but Sunstein takes a different perspective, arguing that the focus should be on human well-being and what information contributes to it. Government should require companies, employers, hospitals, and others to disclose information not because of a general “right to know” but when the information in question would significantly improve people''s lives. Sunstein argues that the information o

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A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. 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. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. 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. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This highly informative Advanced Introduction explores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introduction provides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law.Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introduction will be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

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From the New York Times bestselling author of Nudge and The World According to Star Wars, a revealing account of how today's Internet threatens democracy--and what can be done about it As the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It's no accident that on some occasions, people of different political views cannot even understand each other. It's also no surprise that terrorist groups have been able to exploit social media to deadly effect. Welcome to the age of #Republic. In this revealing book, Cass Sunstein, the New York Times bestselling author of Nudge and The World According to Star Wars, shows how today's Internet is driving political fragmentation, polarization, and even extremism--and what can be done about it. Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates "cybercascades," exploits "confirmation bias," and assists "polarization entrepreneurs." And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy. In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed. #Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need.

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For fans of Thinking, Fast and Slow and The Power of Habit, a groundbreaking new study of how disrupting our well-worn routines, both good and bad, can rejuvenate our days and reset our brains to allow us to live happier and more fulfilling lives.Have you ever noticed that what is thrilling on Monday tends to become boring on Friday? Even exciting relationships, stimulating jobs, and breathtaking works of art lose their sparkle after a while. People stop noticing what is most wonderful in their own lives. They also stop noticing what is terrible. They get used to dirty air. They stay in abusive relationships. People grow to accept authoritarianism and take foolish risks. They become unconcerned by their own misconduct, blind to inequality, and are more liable to believe misinformation than ever before.But what if we could find a way to see everything anew? What if you could regain sensitivity, not only to the great things in your life, but also t

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How our shifting sense of "what's normal" defines the character of democracy"A provocative examination of social constructs and those who would alternately undo or improve them."—Kirkus Reviews This sharp and engaging book by leading governmental scholar Cass R. Sunstein examines dramatically shifting understandings of what’s normal—and how those shifts account for the feminist movement, the civil rights movement, the rise of Adolf Hitler, the founding itself, political correctness, the rise of gun rights, the response to COVID-19, and changing understandings of liberty. Prevailing norms include the principle of equal dignity, the idea of not treating the press as an enemy of the people, and the social unacceptability of open expressions of racial discrimination. But norms can turn upside-down in a hurry. What people tolerate, and what they abhor, depends on what else they are seeing. Exploring Nazism, #MeToo, the work of Alexander Hamilton and James Madison, constitutional amendments, pandemics, and the influence of Ayn Rand, Sunstein reveals how norms change, and ultimately determine the shape of society and government in the United States, Europe, and elsewhere.

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Why are group decisions so hard? Since the beginning of human history, people have made decisions in groups--first in families and villages, and now as part of companies, governments, school boards, religious organizations, or any one of countless other groups. And having more than one person to help decide is good because the group benefits from the collective knowledge of all of its members, and this results in better decisions. Right? Back to reality. We've all been involved in group decisions--and they're hard. And they often turn out badly. Why? Many blame bad decisions on "groupthink" without a clear idea of what that term really means. Now, Nudge coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong--and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes. In the first part of the book, they explain in clear and fascinating detail the distinct problems groups run into: * They often amplify, rather than correct, individual errors in judgment * They fall victim to cascade effects, as members follow what others say or do * They become polarized, adopting more extreme positions than the ones they began with * They emphasize what everybody knows instead of focusing on critical information that only a few people know In the second part of the book, the authors turn to straightforward methods and advice for making groups smarter. These approaches include silencing the leader so that the views of other group members can surface, rethinking rewards and incentives to encourage people to reveal their own knowledge, thoughtfully assigning roles that are aligned with people's unique strengths, and more. With examples from a broad range of organizations--from Google to the CIA--and written in an engaging and witty style, Wiser will not only enlighten you; it will help your team and your organization make better decisions--decisions that lead to greater success.

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This timely Research Handbook offers a comprehensive examination of the growing field of nudging and its impact on society. The editors, Cass R. Sunstein and Lucia A. Reisch provide readers with a detailed exploration of the theoretical and empirical work on nudging, as well as an understanding of current and likely future developments in the field.Divided into five key thematic parts, the Research Handbook covers everything from the foundations of nudging to its use in organizations. Top international scholars approach the subject from multiple disciplines and perspectives, examining current debates in the field, including the relationship between nudges and freedom; nudges, behavioral biases, and noise; the fundamental role of default rules and social norms; and how nudging can enhance human welfare. Health, safety, poverty, employment, the environment (including climate change), economic growth, and civil rights are among the subjects covered. The Research Handbook concludes with a detailed look at contested ideas and real-world policies, such as ethics and the policies of Covid-19, as well as providing commentary on misconceptions about nudging.This Research Handbook is an essential resource for scholars and students in the fields of behavioral economics, public policy, law, public administration, public health, food policy, and sustainable development policy. The state-of-the-art practical insights into nudging, as well as accessible style, also makes this an invigorating read for practitioners.

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Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness - or 'hedonics' - has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy. "Law and Happiness" brings together the best and most influential thinkers in the field to explore the question of what happiness is - and what factors can be demonstrated to increase or decrease it. Martha C. Nussbaum offers an account of the way that hedonics can productively be applied to psychology; Cass R. Sunstein considers the unexpected relationship between happiness and health problems; Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis; David A. Weisbach considers the relationship between happiness and taxation; Mark A. Cohen examines the role that crime - and fear of crime - can play in people's assessment of their happiness; and, other distinguished contributors take similarly innovative approaches to the topic of happiness. The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications for the law and our lives.

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The completely updated, final edition of the global bestseller - one of the most influential books of the 21st century'Few books can be said to have changed the world, but Nudge did. The Final Edition is marvellous: funny, useful, and wise' Daniel KahnemanNudge has transformed the way individuals, companies and governments look at the world - and in the process has become one of the most important books of the twenty-first century. This completely updated edition offers a wealth of new insights for fans and newcomers alike - about COVID-19, diet, personal finance, retirement savings, medical care, organ donation, and climate change.Every day we make decisions: about the things we buy or the meals we eat; about the investments we make and the time we spend; about our health and that of the planet. Unfortunately, we often choose badly.We are all susceptible to biases that can lead us to make bad decisions that make us poorer, less healthy and less happy. And, as Richard Thaler and Cass Sunstein show, no choice is ever presented to us in a neutral way. But by knowing how people think, we can make it easier for them to choose what is best for themselves, for their families and for society. With brilliant insight and wonderful levity, Thaler and Sunstein demonstrate how best to nudge us in the right directions, without ever restricting our freedom of choice.

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Winner of the 2021 Scribes Book AwardFrom two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”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. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

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An updated and refreshed edition of the groundbreaking book that shows how people can be nudged toward decisions that will improve their lives “If you’ve read Nudge and think you fully grasp the concept and its uses, you are mistaken. The new edition significantly deepened my understanding of what nudges are and how they can be employed. It truly is a must-read.”―Robert Cialdini, New York Times bestselling author of Influence “Few books can be said to have changed the world, but Nudge did. The Final Edition is marvelous: funny, useful, and wise.”―Daniel Kahneman, #1 New York Times bestselling author of Thinking, Fast and Slow Since the original publication of Nudge more than a decade ago, the word “nudge” has entered the vocabulary of businesspeople, policymakers, engaged citizens, and consumers everywhere. The book has given rise to more than 200 “nudge units” in governments around the world and countless groups of behavioral scientists in every part of the economy. It has taught us how to use thoughtful “choice architecture”—a concept the authors invented—to help us make better decisions for ourselves, our families, and our society. Now, the authors have rewritten the book from cover to cover, making use of their experiences in and out of government over the past dozen years as well as the explosion of new research in numerous academic disciplines. It offers a wealth of new insights, for both its avowed fans and newcomers to the field, about a wide variety of issues that we face in our daily lives—COVID-19, health, personal finance, retirement savings, credit card debt, home mortgages, medical care, organ donation, climate change, and “sludge” (paperwork and other nuisances that we don’t want and keep us from getting what we do want)—all while honoring one of the cardinal rules of nudging: make it fun!

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Though George W. Bush took office in January, the nation is still recovering from the prolonged and complex process by which he was elected. The Florida electoral controversy and the subsequent decisions by both the Florida courts and the US Supreme Court left citizens and scholars alike divided over the role of the judiciary in the electoral arena. Now, after several months of reflection, leading constitutional scholars - Cass R. Sunstein, Richard A. Epstein, Pamela S. Karlan, Richard A. Posner and John Yoo, among others - weigh in on the Supreme Court's actions, which still seem sensible, legally legitimate and pragmatically defensible to some and an egregious abuse of power to others. Representing the full spectrum of views and arguments, "The Vote" offers the most timely and considered guide to the ultimate consequences and significance of the Supreme Court's decision. The contributors to this volume were highly visible in the national media while the controversy raged, and here they present fully fleshed-out arguments for the positions they promoted on the airwaves. Readers should find in "The Vote" equally impassioned defences for and indictments of the Court's actions, and they should come to understand the practical and theoretical implications of the Court's ruling in the realms of both law and politics. No doubt a spate of books will appear on the 2000 presidential election, but none will claim as distinguished a roster of contributors better qualified to place these recent events in their appropriate historical, legal and political contexts.

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Winner of the Scribes Book Award“As brilliantly imaginative as it is urgently timely.”—Richard H. Fallon, Jr., Harvard Law School“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”—Frederick Schauer, author of The ProofA highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall.“Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.”—Review of Politics“The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.”—Wall Street Journal

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Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against the cigarette manufacturers. More puzzling were two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights and the environment, multimillion dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors - specialists in psychology, economics and the law - present the results of controlled experiments with over 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. They find that although juries tended to agree in their moral judgements about the defendant's conduct, they rendered erratic and unpredictable dollar awards. Jurors also tended to ignore instructions from the judges; showed "hindsight bias", believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. With a wealth of new data and a host of provocative findings, this book documents a wide range of systematic bias in jury behaviour and should be valuable for anyone interested in punitive damages, jury behaviour, human psychology and the theory of punishment.

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Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness - or 'hedonics' - has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy. "Law and Happiness" brings together the best and most influential thinkers in the field to explore the question of what happiness is - and what factors can be demonstrated to increase or decrease it. Martha C. Nussbaum offers an account of the way that hedonics can productively be applied to psychology; Cass R. Sunstein considers the unexpected relationship between happiness and health problems; Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis; David A. Weisbach considers the relationship between happiness and taxation; Mark A. Cohen examines the role that crime - and fear of crime - can play in people's assessment of their happiness; and, other distinguished contributors take similarly innovative approaches to the topic of happiness. The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications for the law and our lives.

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“A Meteor of Intelligent Substance”“Something was Missing in our Culture, and Here It Is”"Invaluable""Liberties is THE place to be. Change starts in the mind.” Liberties, a journal of Culture and Politics, is essential reading for those engaged in the cultural and political issues and causes of our time. Liberties features serious, independent, stylish, and controversial essays by significant writers and leaders throughout the world; new poetry; and, introduces the next generation of writers and voices to inspire and impact the intellectual and creative lifeblood of today’s culture and politics.In this issue of Liberties: Cass R. Sunstein - The Supreme Court Gone Wrong; Carissa Veliz - Digitization is Surveillance; Ekaterina Pravilova - The Autocrat’s War; Richard Taruskin - What is Bad Taste; Jonathan Zimmerman - Memoirs of a White Savior; Richard Wolin - The Cult of Carl Schmitt; Mark Polizzotti - Surrealism and Cancellation; Andrew Butterfield - Dante During Covid; Scott Spillman - The Strange History of the Slave Songs; Leora Batnitzky - The Sacrifice of Edith Stein; Helen Vendler - Sylvia Plath on Motherhood; Jared Marcel Pollen - Was Havel Right?; Celeste Marcus - The Curse of the Radical Israeli Right; Leon Wieseltier - The Future of Nature; and new poems by Claire Malroux, Marissa Grunes, Paula Bohince.

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THE INTERNATIONAL BESTSELLER ‘A monumental, gripping book … Outstanding’ SUNDAY TIMES ‘Noise may be the most important book I've read in more than a decade. A genuinely new idea so exceedingly important you will immediately put it into practice. A masterpiece’ Angela Duckworth, author of Grit ‘An absolutely brilliant investigation of a massive societal problem that has been hiding in plain sight’ Steven Levitt, co-author of Freakonomics From the world-leaders in strategic thinking and the multi-million copy bestselling authors of Thinking Fast and Slow and Nudge, the next big book to change the way you think. We like to think we make decisions based on good reasoning – and that our doctors, judges, politicians, economic forecasters and employers do too. In this groundbreaking book, three world-leading behavioural scientists come together to assess the last great fault in our collective decision-making: noise. We all make bad judgements more than we think. Noise shows us what we can do to make better ones.

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The Sunday Times bestseller ‘A monumental, gripping book … Outstanding’ Sunday Times Wherever there is human judgement, there is noise. ‘Noise may be the most important book I've read in more than a decade. A genuinely new idea so exceedingly important you will immediately put it into practice. A masterpiece’ Angela Duckworth, author of Grit ‘An absolutely brilliant investigation of a massive societal problem that has been hiding in plain sight’ Steven Levitt, co-author of Freakonomics From the world-leaders in strategic thinking and the multi-million copy bestselling authors of Thinking Fast and Slow and Nudge, the next big book to change the way you think. Imagine that two doctors in the same city give different diagnoses to identical patients – or that two judges in the same court give different sentences to people who have committed matching crimes. Now imagine that the same doctor and the same judge make different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday, or they haven’t yet had lunch. These are examples of noise: variability in judgements that should be identical. In Noise, Daniel Kahneman, Olivier Sibony and Cass R. Sunstein show how noise produces errors in many fields, including in medicine, law, public health, economic forecasting, forensic science, child protection, creative strategy, performance review and hiring. And although noise can be found wherever people are making judgements and decisions, individuals and organizations alike commonly ignore its impact, at great cost. Packed with new ideas, and drawing on the same kind of sharp analysis and breadth of case study that made Thinking, Fast and Slow and Nudge international bestsellers, Noise explains how and why humans are so susceptible to noise and bias in decision-making. We all make bad judgements more than we think. With a few simple remedies, this groundbreaking book explores what we can do to make better ones.

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Can authoritarianism happen in the United States of America? Is freedom really secure? Acclaimed legal scholar, Harvard Professor, and New York Times bestselling author Cass R. Sunstein offers diverse perspectives on those timely questions and more in this collected volume of essays from distinguished contributors and influencers. Through thought-provoking essays, Sunstein explores how democracies crumble, how propaganda works, the lessons of history, and the role of the media, courts, elections, and “fake news." Contributors to Can It Happen Here? include: •Martha Minow, dean of Harvard Law School •Eric Posner, law professor at the University of Chicago Law School •Tyler Cowen, economics professor at George Mason University •Timur Kuran, economics and political science professor at Duke University •Noah Feldman, professor of law at Harvard Law School •Jonathan Haidt, social psychologist and Professor of Ethical Leadership at New York University's Stern School of Business •Jack Goldsmith, Professor at Harvard Law School, Senior Fellow at the Hoover Institution, and co-founder of Lawfare •Sean Wilentz, Professor of the American Revolutionary Era at Princeton University •Stephen Holmes, Professor of Law at New York University •Jon Elster, Professor of the Social Sciences at Columbia University •Thomas Ginsburg, Professor of International Law and Professor of Political Science at the University of Chicago and a member of the American Academy of Arts and Sciences •Adrian Vermeule, Professor of Constitutional Law at Harvard Law School •Duncan Watts, sociologist and principal researcher at Microsoft Research

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