Cass R. Sunstein

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 from the case. Focusing on both famous and forgotten (or simply overlooked) artists and luminaries in music, literature, business, science, politics, and other fields, he explores why some individuals become famous and others don't and offers a new understanding of the roles played by greatness, luck, and contingency in the achievement of fame. Sunstein examines recent research on informational cascades, network effects, and group polarization to probe the question of how people become famous. He explores what ends up in the history books and in the literary canon and how that changes radically over time. He delves into the rich and entertaining stories of a diverse cast of famous characters, from John Keats, William Blake, and Jane Austen to Bob Dylan, Ayn Rand, and Stan Lee—as well as John, Paul, George, and Ringo. How to Become Famous takes you on a fun, captivating, and at times profound journey that will forever change your perspective on the latest celebrity's "fifteen minutes of fame" and on what vaults some to the top—and leaves others in the dust.

Der vil altid være støj, der gør det svært for enhver at foretage vurderinger og træffe beslutninger. Daniel Kahneman, Olivier Sibony og Cass R. Sunstein viser i denne bog, hvordan støj er årsagen til, at der begås fejl inden for alle områder – herunder lægevidenskab, jura, sundhed, patenter, økonomi, retsmedicin, strategi og ansættelsesprocesser. Selvom støj findes overalt, hvor der træffes beslutninger, ignorerer både enkeltpersoner og organisationer dens betydning – ofte med store omkostninger til følge. Med enkle midler udforsker denne banebrydende bog, hvad vi kan gøre for at træffe bedre beslutninger. Forestil dig to læger, der stiller forskellige diagnoser til patienter med samme sygdom. Eller to dommere ved samme domstol, der giver forskellige domme til mennesker, der har begået identiske forbrydelser. Forestil dig, at beslutningerne afhænger af, om det er morgen eller eftermiddag, om det er mandag eller onsdag, eller om det er lige før eller efter frokost. Det er eksempler på støj: variationer i beslutninger, der burde være identiske.

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 to the terrible things you stopped noticing and so don't try to change?

Two big name thinkers tackle a great question: why are we so often oblivious to things around us, from pollution and lying to bias and corruption? The useful human ability to adapt to all circumstances can lead to blindspots. Here's how to break the habit.

This "smart and fun read, and a valuable way to revitalize your life" (Walter Isaacson) deftly explains how disrupting our well-worn routines, both good and bad, can rejuvenate and reset our brains for the better. Have you ever noticed that what is exciting on Monday tends to become boring on Friday? Even passionate relationships, stimulating jobs, and breathtaking works of art lose their sparkle after a while. As easy as it is to stop noticing what is most wonderful in our lives, it's also possible to stop noticing what is terrible. People get used to dirty air. They become unconcerned by their own misconduct, blind to inequality, and are more liable to believe misinformation than ever before. Now, neuroscience professor Tali Sharot and Harvard law professor (and presidential advisor) Cass R. Sunstein investigate why we stop noticing both the great and not-so-great things around us and how to "dishabituate" at the office, in the bedroom, at the store, on social media, and in the voting booth. This groundbreaking and "sensational guide to a more psychological rich life" (Angela Duckworth, New York Times bestselling author), based on decades of research, illuminates how we can reignite the sparks of joy, innovate, and recognize where improvements urgently need to be made. The key to this disruption--to seeing, feeling, and noticing again--is change. By temporarily changing your environment, changing the rules, changing the people you interact with--or even just stepping back and imagining change--you regain sensitivity, allowing you to identify more clearly the bad and more deeply appreciate the good.

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 economicsExplores the crucial relationship between law, behavioral economics and human welfareHighlights 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 anchoringThis 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.

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 economicsExplores the crucial relationship between law, behavioral economics and human welfareHighlights 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 anchoringThis 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.

Kujutage ette, et kaks arsti panevad samale patsiendile erinevad diagnoosid või kaks kohtunikku määravad kohtualusele erinevad karistused. Need on näited otsuste varieeruvusest, mis peaksid olema identsed. Kujutage nüüd ette, et kõnealused arstid ja kohtunikud jõuavad erinevate otsusteni sõltuvalt sellest, kas on hommik või pärastlõuna, esmaspäev või kolmapäev. Kõikjal, kus on otsused, olgu isiklikud või töised, on ka müra. Lisaks ebaõiglusele loob see märkimisväärset majanduslikku kahju. Näiteks: kui tarkvaraarendajatel paluti eri päevadel hinnata samale ülesandele kuluvat aega, varieerusid tulemused tundides keskmiselt 71 protsenti. Katsed on kinnitanud sedagi, et hinnang töötaja sooritusele sõltub pigem selle andjast kui tulemusest. Kahneman, Sibony ja Sunstein kinnitavad oma menukis, et müra hulka saab vaid mõne lihtsa abinõuga tuntavalt vähendada ning jõuda seeläbi paremate otsusteni. Nende raamat uurib:- Müra ja nihke erinevust, näidates, et organisatsioonid võivad vahel olla lausa shokeerivalt mürased. Väite tõestuseks tutvustavad autorid müraauditi mõtet, mis on loodud selle mõõtmiseks.- Inimeste otsustuste olemust, kirjeldades, kuidas mõõta täpsust ja viga. Lisaks selgitatakse juhumüra olemust, mis kipub eriti hoogsalt tekkima grupiaruteludes näiliselt asjassepuutumatute tegurite tõttu (kes kõneleb esimesena jne).- Prognoosivaid otsustusi, samuti reeglite, valemite ja algoritmide olulisi eeliseid inimeste ees. Vastupidiselt levinud arvamusele ei ole asi niivõrd reeglite ülimuslikus tarkuses, vaid nende müratuses.- Psühholoogia seda osa, mis selgitab müra peamisi põhjuseid. Autorid uurivad, miks jääb müra märkamata ning miks meid ei üllata sündmused ja otsustused, mida polnud võimalik ennustada.- Kuidas oma otsustusi parandada ja vigu vältida? Autorid tutvustavad mitut müra vähendamise tehnikat, samuti vahehinnangute reeglistikku ehk võimaluste kaalumise käsitlust, mis sisaldab mitut olulist otsusehügieeni elementi ning mille eesmärk on jõuda usaldusväärsemate ja vähem müraste otsustusteni.- Milline on õige müratase? Mõnes valdkonnas ei olegi võimalik müra kõrvaldada, teistes oleks see liiga kulukas, kolmandas kahjustaks müra vähendamine olulisi konkurentsieeliseid.

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.

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.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Constitutional Law, Ninth Editionby Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary 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; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women's Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text's attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary 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. A comprehensive coverage that is ideal for a two-semester course.

All over the world, private and public institutions have been attracted to “nudges,” understood as interventions that preserve freedom of choice, but that steer people in particular directions. The most effective nudges are often “defaults,” which establish what happens if people do nothing. For example, automatic enrollment in savings plans is a default nudge, as is automatic enrollment in green energy. Default rules are in widespread use, but we have very little information about how people experience them, whether they see themselves as manipulated by them, and whether they approve of them in practice. In this book, Patrik Michaelsen and Cass R. Sunstein offer a wealth of new evidence about people’s experiences and perceptions with respect to default rules. They argue that this evidence can help us to answer important questions about the effectiveness and ethics of nudging. The evidence offers a generally positive picture of how default nudges are perceived and experienced. The central conclusion is simple: empirical findings strongly support the conclusion that, taken as such, default nudges are both ethical and effective. These findings, and the accompanying discussion, have significant implications for policymakers in many nations, and also for the private sector.

“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.

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

How we became so burdened by red tape and unnecessary paperwork, and why we must do better. We've all had to fight our way through administrative sludge--filling out complicated online forms, mailing in paperwork, standing in line at the motor vehicle registry. This kind of red tape is a nuisance, but, as Cass Sunstein shows in Sludge, it can also impair health, reduce growth, entrench poverty, and exacerbate inequality. Confronted by sludge, people just give up--and lose a promised outcome: a visa, a job, a permit, an educational opportunity, necessary medical help. In this lively and entertaining look at the terribleness of sludge, Sunstein explains what we can do to reduce it. Because of sludge, Sunstein, explains, too many people don't receive benefits to which they are entitled. Sludge even prevents many people from exercising their constitutional rights--when, for example, barriers to voting in an election are too high. (A Sludge Reduction Act would be a Voting Rights Act.) Sunstein takes readers on a tour of the not-so-wonderful world of sludge, describes justifications for certain kinds of sludge, and proposes Sludge Audits as a way to measure the effects of sludge. On balance, Sunstein argues, sludge infringes on human dignity, making people feel that their time and even their lives don't matter. We must do better.

Se for deg at to leger i samme by gir totalt ulike diagnoser til identiske pasienter - eller at to dommere ved samme domstol idømmer helt ulike straffer til folk som har begått nøyaktig samme type kriminalitet. Sett at når et selskap behandler klager fra kundene, avhenger utfallet av hvilken kundebehandler som får jobben. Forestill deg videre at den samme legen, den samme dommeren eller kundebehandleren kommer til ulike resultater avhengig av om det er før eller etter lunsj, eller mandag fremfor fredag. Dette er eksempler på «støy»: variabilitet i avgjørelser som burde vært identiske. Gale beslutninger spiller en stor rolle i livet vårt, også når mye står på spill. Våre vurderinger, og det inkluderer de såkalte ekspertenes, er mye mer preget av tilfeldigheter enn vi er klar over. Men både enkeltmennesker og organisasjoner er som regel helt uvitende om i hvor stor grad tilfeldighetene herjer. I hvilken grad folk vil motsi sine egne tidligere avgjørelser når de presenteres for samme problemstilling på nytt, er en indikator på mengden støy. Fenomenet reduserer kvaliteten på vurderinger og beslutninger over alt, i næringslivet, i privatlivet og i samfunnet for øvrig. Denne boken presenterer systemer for å måle støy. Det viser seg dessverre at det ikke blir mindre støy av at beslutningstakerne er erfarne. En mulig løsning er i større grad å erstatte menneskelig vurdering med algoritmer, men også andre effektive metoder finnes - når man først har blitt klar over problemet.

Nudge 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.