The Cave: NewsWeek.com | Glenn Beck's New Target: Cass Sunstein

Thursday, September 10, 2009

NewsWeek.com | Glenn Beck's New Target: Cass Sunstein

Cass Sunstein
From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Cass_Sunstein

Cass Sunstein

Born	September 21, 1954 (1954-09-21) (age 54)
Residence	Cambridge, Massachusetts
Nationality	American
Fields	Constitutional law, Administrative Law
Institutions	Harvard Law School, University of Chicago Law School
Alma mater	Harvard College Harvard Law School

Cass R. Sunstein (born September 21, 1954) is an American legal scholar, particularly in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics. For 27 years, Sunstein taught at the University of Chicago Law School,^[1] where he continues to teach as the Harry Kalven Visiting Professor. Sunstein is currently Felix Frankfurter Professor of Law at Harvard Law School. Sunstein, if confirmed, will head the White House Office of Information and Regulatory Affairs in the Obama administration.^[2]^[3]

Early life and education
Sunstein was born on September 21, 1954. He graduated in 1972 from the Middlesex School in Concord, Massachusetts. He earned a Bachelor of Arts degree in 1975 from Harvard College, where he was a member of the varsity squash team and the Harvard Lampoon. In 1978, Sunstein received a J.D. magna cum laude from Harvard Law School, where he was executive editor of the Harvard Civil Rights-Civil Liberties Law Review and part of a winning team of the Ames Moot Court Competition. He served as a law clerk first for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court (1978-1979) and later for Justice Thurgood Marshall of the Supreme Court (1979-1980).

Career
Sunstein worked in the Office of Legal Counsel in the Justice Department as an attorney-advisor (1980-1981) and then took a job as an assistant professor of law at the University of Chicago Law School (1981-1983), where he also became an assistant professor in the Department of Political Science (1983-1985). In 1985, Sunstein was made a full professor of both political science and law; in 1988 he was named the Karl N. Llewellyn Professor of Jurisprudence in the Law School and Department of Political Science. The university honored him in 1993 with its "distinguished service" accolade, permanently changing his title to Karl N. Llewellyn Distinguished Service Professor of Jurisprudence in the Law School and Department of Political Science.
Sunstein was the Samuel Rubin Visiting Professor of Law at Columbia Law School in the fall of 1986 and a visiting professor at Harvard Law School in the spring 1987, winter 2005, and spring 2007 terms. He teaches courses in constitutional law, administrative law, and environmental law, as well as the required first-year course "Elements of the Law", which is an introduction to legal reasoning, legal theory, and the interdisciplinary study of law, including law and economics. In the fall of 2008 he joined the faculty of Harvard Law School and began serving as the director of its Program on Risk Regulation:^[4]

The Program on Risk Regulation will focus on how law and policy deal with the central hazards of the 21st century. Anticipated areas of study include terrorism, climate change, occupational safety, infectious diseases, natural disasters, and other low-probability, high-consequence events. Sunstein plans to rely on significant student involvement in the work of this new program.^[4]

On January 7, 2009, the Wall Street Journal reported that Professor Sunstein will be named to head the White House Office of Information and Regulatory Affairs (OIRA).^[5] That news generated controversy among progressive legal scholars^[6] and environmentalists.^[7]
In his research on risk regulation, Professor Sunstein is known for developing, together with Timur Kuran, the concept of availability cascades, wherein popular discussion of an idea is self-feeding and causes individuals to overweight its importance. Professor Sunstein's books include After the Rights Revolution (1990), The Partial Constitution (1993), Democracy and the Problem of Free Speech (1995), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), One Case at a Time (1999), Risk and Reason (2002), Why Societies Need Dissent (2003), Laws of Fear: Beyond the Precautionary Principle (2005), Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America (2005), Are Judges Political? An Empirical Analysis of the Federal Judiciary (2005), Infotopia: How Many Minds Produce Knowledge (2006), and, co-authored with Richard Thaler, Nudge: Improving Decisions about Health, Wealth, and Happiness (2008).
Sunstein's 2006 book, Infotopia: How Many Minds Produce Knowledge, explores methods for aggregating information; it contains discussions of prediction markets, open-source software, and wikis. Sunstein's 2004 book, The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever, advocates the Second Bill of Rights proposed by Franklin D. Roosevelt. Among these rights are a right to an education, a right to a home, a right to health care, and a right to protection against monopolies; Sunstein argues that the Second Bill of Rights has had a large international impact and should be revived in the United States. His 2001 book, Republic.com, argued that the Internet may weaken democracy because it allows citizens to isolate themselves within groups that share their own views and experiences, and thus cut themselves off from any information that might challenge their beliefs, a phenomenon known as cyberbalkanization.
Sunstein co-authored Nudge: Improving Decisions about Health, Wealth, and Happiness (Yale University Press, 2008) with economist Richard Thaler of the University of Chicago. Nudge discusses how public and private organizations can help people make better choices in their daily lives. Thaler and Sunstein argue that

People often make poor choices - and look back at them with bafflement! We do this because as human beings, we all are susceptible to a wide array of routine biases that can lead to an equally wide array of embarrassing blunders in education, personal finance, health care, mortgages and credit cards, happiness, and even the planet itself.^{[citation needed]}

The ideas in the book proved popular with politicians such as Barack Obama, David Cameron, and the British Conservative Party in general (Cameron is party leader).^[8]^[9]^[10] The "Nudge" idea has not been without criticism. Dr Tammy Boyce of public health foundation The King's Fund has said:

We need to move away from short-term, politically motivated initiatives such as the 'nudging people' idea, which are not based on any good evidence and don't help people make long-term behaviour changes.^[11]

Sunstein is a contributing editor to The New Republic and The American Prospect and is a frequent witness before congressional committees. He played an active role in opposing the impeachment of Bill Clinton in 1998.
In recent years, Sunstein has been a guest writer on The Volokh Conspiracy blog as well as the blogs of law professors Lawrence Lessig (Stanford) and Jack Balkin (Yale). He is considered so prolific a writer that in 2007, an article in the legal publication The Green Bag coined the concept of a "Sunstein number" reflecting degrees of separation between various legal authors and Sunstein, paralleling the Erdős numbers sometimes assigned to mathematician authors.
He is a member of the American Academy of Arts and Sciences (elected 1992) and the American Law Institute (since 1990).
Sunstein's appointment to the Office of Information and Regulatory Affairs by Obama was blocked by Sen. Saxby Chambliss (R-Ga.). Chambliss objected to Sunstein's 2004 book Animal Rights, in which he argued that attorneys should be permitted to sue for violations of existing animal protection laws, naming the animals as plaintiffs.

Views

Legal philosophy
Sunstein is a proponent of judicial minimalism, arguing that judges should focus primarily on deciding the case at hand, and avoid making sweeping changes to the law or decisions that have broad-reaching effects. He is generally thought to be liberal despite publicly supporting some of George W. Bush's judicial nominees, including Michael W. McConnell and John G. Roberts. Much of his work also brings behavioral economics to bear on law, suggesting that the "rational actor" model will sometimes produce an inadequate understanding of how people will respond to legal intervention.
In recent years Sunstein has collaborated with academics who have training in behavioral economics, most notably Daniel Kahneman, Richard Thaler, and Christine M. Jolls, to show how the theoretical assumptions of law and economics should be modified by new empirical findings about how people actually behave.
Sunstein (along with his coauthor Richard Thaler) has elaborated the theory of libertarian paternalism. In arguing for this theory, he counsels thinkers/academics/politicians to embrace the findings of behavioral economics as applied to law, maintaining freedom of choice while also steering people's decisions in directions that will make their lives go better. With Thaler, he coined the term "choice architect."

First Amendment
In his book Democracy and the Problem of Free Speech Sunstein says there is a need to reformulate First Amendment law. He thinks that the current formulation, based on Justice Holmes' conception of free speech as a marketplace “disserves the aspirations of those who wrote America’s founding document.”^[12] The purpose of this reformulation would be to “reinvigorate processes of democratic deliberation, by ensuring greater attention to public issues and greater diversity of views.”^[13] He is concerned by the present “situation in which like-minded people speak or listen mostly to one another,”^[14] and thinks that in “light of astonishing economic and technological changes, we must doubt whether, as interpreted, the constitutional guarantee of free speech is adequately serving democratic goals.”^[15] He proposes a “New Deal for speech [that] would draw on Justice Brandeis' insistence on the role of free speech in promoting political deliberation and citizenship.”^[13]

Animal rights
Sunstein has also written often in favor of animal rights. “Every reasonable person believes in animal rights,” he says.^[16] He also says that human “willingness to subject animals to unjustified suffering will be seen … as a form of unconscionable barbarity… morally akin to slavery and the mass extermination of human beings,”^[17] and that we might "conclude that certain practices cannot be defended and should not be allowed to continue, if, in practice, mere regulation will inevitably be insufficient—and if, in practice, mere regulation will ensure that the level of animal suffering will remain very high."^[16] Specifically he thinks that, “we ought to ban hunting.”^[18] He also thinks that “we could even grant animals a right to bring suit”^[19] and that it is possible that “that before long, Congress will grant standing to animals to protect their own rights and interests.”^[20] This all stems from his claim that "animals, species as such, and perhaps even natural objects warrant respect for their own sake, and quite apart from their interactions with human beings."^[21]

Taxation
Sunstein has argued that “we should celebrate tax day.”^[22] He appears to claim that the very concepts of property and society are based on government and taxes:

In what sense is the money in our pockets and bank accounts fully ‘ours’? Did we earn it by our own autonomous efforts? Could we have inherited it without the assistance of probate courts? Do we save it without the support of bank regulators? Could we spend it if there were no public officials to coordinate the efforts and pool the resources of the community in which we live?... Without taxes there would be no liberty. Without taxes there would be no property. Without taxes, few of us would have any assets worth defending. [It is] a dim fiction that some people enjoy and exercise their rights without placing any burden whatsoever on the public fisc. … There is no liberty without dependency.^[22]

Sunstein goes on to say:

If government could not intervene effectively, none of the individual rights to which Americans have become accustomed could be reliably protected. [...] This is why the overused distinction between "negative" and "positive" rights makes little sense. Rights to private property, freedom of speech, immunity from police abuse, contractual liberty, free exercise of religion--just as much as rights to Social Security, Medicare and food stamps--are taxpayer-funded and government-managed social services designed to improve collective and individual well-being.

Personal
In the 1980s and early 1990s, Sunstein was married to Lisa Ruddick, whom he met as an undergraduate at Harvard.^[23] She is now a professor of English at the University of Chicago.^[24] Their marriage ended not long after the birth of their daughter, Ellyn. He then began seeing Martha Nussbaum, philosopher, classicist, and professor of law at the University of Chicago.^[25].
On July 4, 2008, Sunstein married Samantha Power, professor of public policy at Harvard, whom he met when they worked as advisors to Sunstein's friend, and former colleague at the U. of C. Law School, ^[26] President Barack Obama on his presidential campaign. The wedding took place in County Kerry in Power’s native Ireland.^[27]
Sunstein had a pet Rhodesian Ridgeback, Perry. During the Clinton impeachment hearings, Sunstein grew tired of appearing on news programs, and agreed to appear on Greta Van Susteren's CNN program only if he could bring Perry on the show with him; she agreed.^[28] Perry died in the fall of 2008. The University of Chicago Law School has created the Perry/Sunstein fund in Perry's memory, a scholarship fund for a student with an interest in animal welfare. Sunstein is named after the 19th century American politician Lewis Cass.

Publications

Books

On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done (Macmillan Publishers 2009)
Going to Extremes: How Like Minds Unite and Divide (Oxford University Press, 2009)
Nudge: Improving Decisions about Health, Wealth, and Happiness with Richard Thaler (Yale University Press, 2008)
Worst-Case Scenarios, (Harvard University Press 2007)
Republic.com 2.0 (Princeton University Press 2007)
Are Judges Political? An Empirical Investigation of the Federal Judiciary with David Schkade, Lisa Ellman, and Andres Sawicki, (Brookings Institution Press 2006)
Infotopia: How Many Minds Produce Knowledge, (Oxford University Press 2006)
The Second Bill of Rights: Franklin Delano Roosevelt's Unfinished Revolution and Why We Need It More Than Ever, (Basic Books 2006)
Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America (Basic Books 2005)
Constitutional Law 5th ed. with G. Stone, L.M. Seidman, P. Karlan, and M. Tushnet, (Aspen 2005)
The Laws of Fear: Beyond the Precautionary Principle (based on the Seeley Lectures 2004 at Cambridge University), (Cambridge University Press 2005)
The Second Bill of Rights: Franklin Delano Roosevelt's Unfinished Revolution and Why We Need It More Than Ever (Basic Books 2004)
Why Societies Need Dissent, (Harvard University Press 2003).
Animal Rights: Current Controversies and New Directions edited with Martha Nussbaum, (Oxford University Press 2004)
Risk and Reason, (Cambridge University Press 2002) (Trad. esp.: Riesgo y razón, Buenos Aires/Madrid, Katz editores S.A, 2006, ISBN 8460983501)
The Cost-Benefit State, (American Bar Association 2002)
Punitive Damages: How Juries Decide with Reid Hastie, John Payne and David Schkade, (University of Chicago Press 2002)
Republic.com, (Princeton University Press 2002)
Administrative Law and Regulatory Policy with Stephen Breyer, Richard B. Stewart, and Matthew Spitzer, (1999; new edition 2002)
Free Markets and Social Justice, (2002)
Designing Democracy: What Constitutions Do (Oxford University Press 2001)
The Vote: Bush, Gore & the Supreme Court with Richard Epstein, (University of Chicago Press 2001)
Constitutional Law 4th ed. with Stone, Seidman, and Tushnet, (2001)
Behavioral Law and Economics, (editor, Cambridge University Press 2000)
One Case At A Time: Judicial Minimalism on the Supreme Court (Harvard University Press 1999)
The Cost of Rights with Stephen Holmes, (1999, W.W. Norton paperback 2000)
Clones and Clones: Facts and Fantasies About Human Cloning with Martha Nussbaum, (W.W. Norton 1998)
Legal Reasoning and Political Conflict, (Oxford University Press 1996)
Free Markets and Social Justice, (Oxford University Press 1997)
Democracy and the Problem of Free Speech, (The Free Press 1993)
The Partial Constitution, (Harvard University Press 1993)
After the Rights Revolution: Reconceiving the Regulatory State, (Harvard University Press 1990)
Constitutional Law, (Little, Brown & Co. 1st edition 1986; 2d edition 1991; 3d edition 1995)
The Bill of Rights and the Modern State co-editor with Geoffey R. Stone and Richard A. Epstein, (University of Chicago Press 1992)
Feminism and Political Theory, (editor, University of Chicago Press 1990)