New Releases by Cass R. Sunstein

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.

The different ways that social change happens, from unleashing to nudging to social cascades. "Sunstein''s book is illuminating because it puts norms at the center of how we think about change."—David Brooks, The New York Times How does social change happen? When do social movements take off? Sexual harassment was once something that women had to endure; now a movement has risen up against it. White nationalist sentiments, on the other hand, were largely kept out of mainstream discourse; now there is no shortage of media outlets for them. In this book, with the help of behavioral economics, psychology, and other fields, Cass Sunstein casts a bright new light on how change happens. Sunstein focuses on the crucial role of social norms—and on their frequent collapse. When norms lead people to silence themselves, even an unpopular status quo can persist. Then one day, someone challenges the norm—a child who exclaims that the emperor has no clothes; a woman who says “me too.” Sometimes suppressed outrage is unleashed, and long-standing practices fall. Sometimes change is more gradual, as “nudges” help produce new and different decisions—apps that count calories; texted reminders of deadlines; automatic enrollment in green energy or pension plans. Sunstein explores what kinds of nudges are effective and shows why nudges sometimes give way to bans and mandates. Finally, he considers social divisions, social cascades, and “partyism,” when identification with a political party creates a strong bias against all members of an opposing party—which can both fuel and block social change.

From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means—and requires—today In 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.

Many "nudges" aim to make life simpler, safer, or easier for people to navigate, but what do members of the public really think about these policies? Drawing on surveys from numerous nations around the world, Sunstein and Reisch explore whether citizens approve of nudge policies. Their most important finding is simple and striking. In diverse countries, both democratic and nondemocratic, strong majorities approve of nudges designed to promote health, safety, and environmental protection—and their approval cuts across political divisions. In recent years, many governments have implemented behaviorally informed policies, focusing on nudges—understood as interventions that preserve freedom of choice, but that also steer people in certain directions. In some circles, nudges have become controversial, with questions raised about whether they amount to forms of manipulation. This fascinating book carefully considers these criticisms and answers important questions. What do citizens actually think about behaviorally informed policies? Do citizens have identifiable principles in mind when they approve or disapprove of the policies? Do citizens of different nations agree with each other? From the answers to these questions, the authors identify six principles of legitimacy—a "bill of rights" for nudging that build on strong public support for nudging policies around the world, while also recognizing what citizens disapprove of. Their bill of rights is designed to capture citizens’ central concerns, reflecting widespread commitments to freedom and welfare that transcend national boundaries.

The New York Times–bestselling author of Nudge explains why policies should be based on careful consideration of their costs and benefits rather than on intuition, popular opinion, interest groups, and anecdotes. Opinions on government policies vary widely. Some people feel passionately about the child obesity epidemic and support government regulation of sugary drinks. Others argue that people should be able to eat and drink whatever they like. Some people are alarmed about climate change and favor aggressive government intervention. Others don''t feel the need for any sort of climate regulation. In The Cost-Benefit Revolution, Cass Sunstein argues our major disagreements really involve facts, not values. It follows that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers—meaning careful consideration of costs and benefits. Will a policy save one life, or one thousand lives? Will it impose costs on consumers, and if so, will the costs be high or negligible? Will it hurt workers and small businesses, and, if so, precisely how much? As the Obama administration''s “regulatory czar,” Sunstein knows his subject in both theory and practice. Drawing on behavioral economics and his well-known emphasis on “nudging,” he celebrates the cost-benefit revolution in policy making, tracing its defining moments in the Reagan, Clinton, and Obama administrations (and pondering its uncertain future in the Trump administration). He acknowledges that public officials often lack information about costs and benefits, and outlines state-of-the-art techniques for acquiring that information. Policies should make people''s lives better. Quantitative cost-benefit analysis, Sunstein argues, is the best available method for making this happen—even if, in the future, new measures of human well-being, also explored in this book, may be better still.

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 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.

. . . Or has it already? Experts in law, politics, and other fields discuss the state of American freedom—and its precarious future. With the 2016 election of Donald J. Trump, many on both the left and right feared that America’s 240-year-old grand experiment in democracy was coming to an end, and that Sinclair Lewis’ satirical novel It Can’t Happen Here, written during the dark days of the 1930s, could finally be coming true. Is the democratic freedom that the United States symbolizes really secure? Can authoritarianism happen in America? Acclaimed legal scholar, Harvard professor, and New York Times–bestselling author Cass R. Sunstein queried a number of the nation’s leading experts on the subject. In this thought-provoking collection of essays, these distinguished thinkers and theorists explore the lessons of history, how democracies crumble, how propaganda works, and the role of the media, courts, elections, and “fake news” in the modern political landscape—and what the future of the United States may hold. “What makes Trump immune is that he is not a president within the context of a healthy Republican government. He is a cult leader of a movement that has taken over a political party—and he specifically campaigned on a platform of one-man rule. This fact permeates Can It Happen Here? . . . which concludes, if you read between the lines, that ‘it’ already has.” —The New York Times Book Review “Cautionary pieces well-informed by history, legal theory, and patriotism.” —Kirkus Reviews Contributors 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 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 Cass R. Sunstein, Robert Walmsley University Professor, Harvard University Duncan Watts, sociologist and principal researcher at Microsoft Research Geoffrey R. Stone, University of Chicago Law school professor and noted First Amendment scholar

In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America''s best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation''s citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text''s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

El libro que inspiró a Barack Obama los fundamentos de la política al demostrar el poder de un pequeño empujón. Por el Premio Nobel de Economía 2017 Richard H. Thaler. En Un pequeño empujón, considerado ya un clásico y uno de los mejores libros sobre economía y política de las últimas décadas, Cass R. Sunstein y Richard H. Thaler, premio Nobel de Economía, observan cómo nuestras percepciones y decisiones dependen del modo en que se organizan ante nosotros las diferentes opciones. Gobiernos y empresas, pero también padres, profesores y médicos, se convierten así en una especie de «arquitectos de la elección». A través de leves impulsos, conscientes, a menudo invisibles y cuyo coste económico y político es irrisorio, las personas e instituciones públicas o privadas pueden incentivar sin mermar la libertad de elección de los ciudadanos, y obtener así grandes logros en relación con la sanidad pública, las finanzas o la lucha contra la desigualdad. Un libro esencial para quienes formulan nuestras políticas públicas, pero cuya aplicabilidad en nuestras vidas cotidianas es sorprendente y maravillosamente eficaz. Críticas: «¿Cuántas veces se encuentra uno con un libro a la vez importante y divertido, práctico y profundo? De lectura obligada para quien quiera ver mejorar el funcionamiento de nuestras mentes y nuestra sociedad». Daniel Kahneman, Premio Nobel de Economía y autor de Pensar rápido, pensar despacio «Me entusiasmaeste libro. Es uno de los pocos que han cambiado de un modo trascendente mi manera de ver el mundo». Steve Levitt, autor de Freakonomics «El libro más importante que he leído en veinte años». Barry Schwartz, The American Prospect «Fabuloso. Cambiará tu forma de pensar, no solo sobre el mundo que te rodea y algunos de sus mayores problemas, sino también sobre ti mismo». Michael Lewis, autor de La gran apuesta y Deshaciendo errores

This Palgrave Pivot offers comprehensive evidence about what people actually think of “nudge” policies designed to steer decision makers’ choices in positive directions. The data reveal that people in diverse nations generally favor nudges by strong majorities, with a preference for educative efforts – such as calorie labels - that equip individuals to make the best decisions for their own lives. On the other hand, there are significant arguments for noneducational nudges – such as automatic enrollment in savings plans - as they allow people to devote their scarce time and attention to their most pressing concerns. The decision to use either educative or noneducative nudges raises fundamental questions about human freedom in both theory and practice. Sunstein''s findings and analysis offer lessons for those involved in law and policy who are choosing which method to support as the most effective way to encourage lifestyle changes.

Star Wars é um dos maiores ícones culturais do século XX, um mito moderno, uma clássica jornada do herói com um apelo universal que conquistou gerações e ainda hoje vem colecionando fãs ao redor do mundo. Neste livro divertido, informativo e emocionante, Cass R. Sunstein explora as lições ensinadas pela série sobre infância, paternidade, rebeliões e redenção, e ainda sobre direito constitucional, economia, política e outros temas. Com riqueza de detalhes, o autor trata do sucesso inesperado e imprevisível da franquia e explora o motivo do êxito e do fracasso de outras histórias, argumentando que Star Wars fala sobre liberdade de escolha e a capacidade de fazer o que é certo mesmo quando a esperança é mínima.

In recent years, ''nudge units'' or ''behavioral insights teams'' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge (2008), breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people''s attitudes towards a broad range of nudges, choice architecture, and mandates.

NEW YORK TIMES BESTSELLER #1 Washington Post Bestseller There’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.

The casebook you asked for is here! Instructors nationwide have requested a First Amendment off-shoot from the best-selling Constitutional Law casebook by authors Stone, Seidman, Sunstein, and Tushnet. Now, Aspen is proud to meet that request with this current, concise, and focused volume designed expressly for a separate course or seminar dedicated to the First Amendment. Developed fromtheir chapters on Freedom of Expression and the Constitution and Religion, the authors focus 75 percent of the book on freedom of religion. The authors'' annual supplement to their Constitutional Law casebook will now include any new developments or revisions to the First Amendment to keep this new text completely up-to-date.

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. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being.

In this groundbreaking book, eminent legal scholar Cass Sunstein argues that in every era, constitutional debates are, in fact, contests between four different types of ''Constitutional Personae'' - Heroes, Soldiers, Minimalists, and Mutes.

"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"--Dust jacket flap.

本书分为11章,内容包括:阴谋论,不当恐惧引发的问题和成本效益分析的适用性,幸福的法则,动物的权利,气候变化的正义与公正,性别平等与宗教自由,新型进步主义,机会主义等.

“Clear explanations and concrete examples of how the behavioral orientation in economics can contribute to the world of cost/benefit policy formulation.” —Choice The White House Office of Information and Regulatory Affairs (OIRA) is the United States’ regulatory overseer. In Valuing Life, New York Times–bestselling author and legal scholar Cass R. Sunstein draws on his firsthand experience as the Administrator of OIRA from 2009 to 2012 to argue that we can humanize regulation—and save lives in the process. As OIRA Administrator, he helped oversee regulation in a broad variety of areas, including highway safety, health care, homeland security, immigration, energy, environmental protection, and education. This background allows him to describe OIRA and how it works—and how it can work better—from an on-the-ground perspective. Using real-world examples, Sunstein makes a compelling case for improving cost-benefit analysis, a longtime cornerstone of regulatory decision-making, and for taking account of variables that are hard to quantify, such as dignity and personal privacy. He also shows how regulatory decisions about health, safety, and life itself can benefit from behavioral and psychological research, including new findings about what scares us, and what does not. By better accounting for people’s fallibility, he argues, we can create regulation that is at once more human and more likely to achieve its goals. In this highly readable synthesis of insights from law, policy, economics, and psychology, Sunstein breaks down the intricacies of the regulatory system and offers a new way of thinking about regulation that incorporates human dignity—and an insistent focus on the consequences of our choices. “What happens when the world’s leading academic expert on regulation is plunked into the real world of government? . . . Valuing Life describes both how Sunstein’s ideas about regulation influenced his tenure in government, and how his experiences in government have influenced his ideas about regulation. This immensely rewarding book . . . should be read by everyone who cares about how our government works.” —Eric A. Posner, coauthor of Radical Markets

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.

The most controversial essays from the bestselling author once called the most dangerous man in America—collected for the first time. The nation’s most-cited legal scholar who for decades has been at the forefront of applied behavioral economics, and the bestselling author of Nudge and Simpler, Cass Sunstein is one of the world’s most innovative thinkers in the academy and the world of practical politics. In the years leading up to his confirmation as the administrator of the White House Office of Information and Regulatory Affairs (OIRA), Sunstein published hundreds of articles on everything from same-sex marriage to cost-benefit analysis. Conspiracy Theories and Other Dangerous Ideas is a collection of his most famous, insightful, relevant, and inflammatory pieces. Within these pages you will learn: • Why perfectly rational people sometimes believe crazy conspiracy theories • What wealthy countries should and should not do about climate change • Why governments should allow same-sex marriage, and what the “right to marry” is all about • Why animals have rights (and what that means) • Why we “misfear,” meaning get scared when we should be unconcerned and are unconcerned when we should get scared • What kinds of losses make us miserable, and what kinds of losses are absolutely fine • How to find the balance between religious freedom and gender equality • And much more... Cass Sunstein is a unique, controversial, and exciting voice in the political world. A man who cuts through the fog of left vs. right arguments and offers logical, evidence-based, and often surprising solutions to today’s most challenging questions.

Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors—social cascades, group polarization, and biased assimilation. They also know that the presumed correctives—publishing balanced information, issuing corrections, and trusting the marketplace of ideas—do not always work. All of us are vulnerable. In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.

In How to Humble a Wingnut, leading constitutional scholar, behavioral economist, and former Administrator of the White House Office of Information and Regulatory Affairs Cass R. Sunstein examines the unconventional impetuses behind human decision-making. Why it is that people often choose to behave so strangely? Sunstein’s incisive commentaries point to recent empirical findings to demonstrate how and why people convince themselves they are right despite evidence to the contrary; fear dangers they are unlikely to encounter; and ignore real risks. Mining developments in recent behavioral studies for tips on everything from holiday shopping and political biases to staying healthy and clear thinking in general, Sunstein nudges his reader towards that rarest of grounds—understanding.

This is the 2013 case supplement to accompany Constitutional Law by Geoffrey R. Stone, Louis Michael Seidman, Cass R. Sunstein, Mark V. Tushnet, and Pamela S. Karlan. Summary of Contents Table of Cases Table of Authorities I. The Constitution and the Supreme Court II. Federalism at Work: Congress and the National Economy III. The Scope of Congress''s Powers: Taxing and Spending, War Powers, Individual Rights, and State Autonomy IV. The Distribution of National Powers V. Equality and the Constitution VI. Implied Fundamental Rights VII. Freedom of Expression VIII. The Constitution and Religion IX. State Action, Baselines, and the Problem of State Power

Cass Sunstein, for three years President Obama''s "regulatory czar" heading the White House Office of Information and Regulatory Affairs, oversaw a far-reaching restructuring of America''s regulatory state. In this book he pulls back the curtain to show what was done, why Americans are better off as a result, and what the future has in store.

Comment naissent les rumeurs ? Pourquoi y croyons-nous, souvent sans nous en rendre compte ? Et quelles en sont les conséquences pour la protection de la personnalité ? Le développement de l''internet remet ces questions à l''ordre du jour. Le juriste et politologue américain Cass R Sunstein décrit et analyse dans son ouvrage Anatomie de la rumeur les mécanismes psychologiques diverses qui permettent aux rumeurs de circuler. Nous savons que les propagateurs initiaux de rumeurs n''ignorent normalement ni l''art de la manipulation, ni les faiblesses de la loi. Et pourtant, nous sommes tous susceptibles d''accepter des informations fausses et douteuses. Sunstein dévoile le rôle des convictions antécédentes, du conformisme et de l''appartenance aux groupes qui nous rendent crédules à notre insu. Souvent nuisibles, les rumeurs peuvent ruiner la réputation des personnes visées. Comment pouvons-nous nous protéger contre la calomnie et la diffamation tout en préservant la liberté de la parole ? Sunstein propose des saufgardes légales qui sont tout aussi pertinents en Europe qu''elles le sont aux Etats-Unis.

Cómo se difunden falsedades en la era de Internet, por qué nos las creemos y qué se puede hacer. ¿Por qué los seres humanos aceptan los rumores, incluso si son falsos, destructivos o estrambóticos? ¿Por qué la misma historia que viaja por Internet tiene credibilidad entre un grupo de personas, mientras que otros la consideran absurda? ¿Qué podemos hacer para protegernos de los efectos perniciosos de los rumores falsos? Los rumores son tan antiguos como la historia humana; siempre hemos vivido rodeados de ellos o incluso sufrido sus consecuencias. Del mismo modo que a través del conocimiento de otros sabemos que la tierra no es plana o que la materia se compone de átomos, los rumores se propagan entre todo tipo de personas -sensatas, razonables, de izquierdas o derechas-, y están ligados a sus deseos y temores. El derecho de los ciudadanos a decir lo que piensan constituye uno de los pilares de los sistemas democráticos en que vivimos, y sin embargo, en la era de Internet, donde uno de estos bulos puede crecer exponencialmente en tan solo unas horas, es fundamental proteger a las posibles víctimas de comportamientos maldicientes. Ayudado por ejemplos de la vida real y estudios de la conducta, Sunstein aborda la compleja tarea de analizar los mecanismos que alimentan los rumores para tratar de encontrar ese equilibrio indispensable entre la necesidad de protegernos de ellos y la salvaguarda de derechos como la libertad de prensa y opinión, y así evitar que la era de la información termine convirtiéndose en la era de la desinformación.