Background
Sunstein, Cass Robert was born on September 21, 1954 in Salem, Massachusetts, United States.
( American constitutional law is at a crossroads. In a ma...)
American constitutional law is at a crossroads. In a major new interpretation of the Constitution, Cass Sunstein offers a clear account of our present dilemmas and shows where we might go from here. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is also partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations--and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role. In light of this analysis, Sunstein proposes solutions to some of the most hotly disputed issues of our time, including affirmative action, sex discrimination, pornography, "hate speech," and government funding of religious schools and the arts. In an especially striking argument, he claims that theequal protection clause of the Fourteenth Amendment--not the right to privacy--protects a woman's right to choose abortion. Sunstein connects these and other debates to the Constitution's historic commitment to public deliberation among political equalsand in doing so, he reconceives many of our most basic constitutional rights, such as free speech and equality under law. He urges that public deliberation about the meaning of the Constitution in turn be freed from a principle of neutrality based on the status quo. His work points to a historically sound but fundamentally new understanding of the American constitutional process as an exercise in deliberative democracy.
http://www.amazon.com/gp/product/067465479X/?tag=2022091-20
(This text lays-out and celebrates the constellation of ri...)
This text lays-out and celebrates the constellation of rights that now commands consensus in American law. A guide to the Supreme Court, it offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism.
http://www.amazon.com/gp/product/B00FBBF5Q2/?tag=2022091-20
( This volume collects some of today's most original and ...)
This volume collects some of today's most original and important work at the intersection of feminism and political theory. A representative and wide-ranging set of readings on feminist political thought, the authors provide large-scale critiques, and in some instances reconstructions, of important strains in political thought, including notions of equality, rights-based justice, and contract theories. The fourteen essays are organized around four major themes: "The Question of a Different Voice: Care, Justice, and Rights," "Equality and Inequality in Politics and Elsewhere," "Coercion versus Consent, Public versus Private, and Sexuality," and "Trust and Responsibility."
http://www.amazon.com/gp/product/0226780090/?tag=2022091-20
( Over the past two decades, the United States has seen a...)
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 cigarette manufacturers. Or consider 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-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; 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. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
http://www.amazon.com/gp/product/0226780155/?tag=2022091-20
( What happens to democracy and free speech if people use...)
What happens to democracy and free speech if people use the Internet to listen and speak only to the like-minded? What is the benefit of the Internet's unlimited choices if citizens narrowly filter the information they receive? Cass Sunstein first asked these questions in 2001's Republic.com. Now, in Republic.com 2.0, Sunstein thoroughly rethinks the critical relationship between democracy and the Internet in a world where partisan Weblogs have emerged as a significant political force. Republic.com 2.0 highlights new research on how people are using the Internet, especially the blogosphere. Sunstein warns against "information cocoons" and "echo chambers," wherein people avoid the news and opinions that they don't want to hear. He also demonstrates the need to regulate the innumerable choices made possible by technology. His proposed remedies and reforms emphasize what consumers and producers can do to help avoid the perils, and realize the promise, of the Internet.
http://www.amazon.com/gp/product/0691143285/?tag=2022091-20
(What should be done about airplane safety and terrorism, ...)
What should be done about airplane safety and terrorism, global warming, polluted water, nuclear power, and genetically engineered food? Decision-makers often respond to temporary fears, and the result is a situation of hysteria and neglect--and unnecessary illness and death. Risk and Reason explains the sources of these problems and explores what can be done about them. It shows how individual thinking and social interactions lead us in foolish directions. Offering sound proposals for social reform, it explains how a more sensible system of risk regulation, embodied in the idea of a "cost-benefit state," could save many thousands of lives and many billions of dollars too--and protect the environment in the process. Cass R. Sunstein is the Karl N. Llewellyn Distinguished Service Professor at the University of Chicago. Appointed by President Clinton to serve on the Advisory Committee on the Public Interest Obligations of Television Broadcasters. His many books include Republic.com (Princeton, 2001) and Designing Democracy (Oxford, 2001). He has worked in the United States Department of Justice and advised on law reform and constitution-making in many nations.
http://www.amazon.com/gp/product/0521016258/?tag=2022091-20
("In modern nations, political disagreement is the source ...)
"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behavior by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind polit
http://www.amazon.com/gp/product/0195158407/?tag=2022091-20
( To ensure that you have the most up-to-date and comple...)
To ensure that you have the most up-to-date and complete materials for your Administrative Law class, be sure to use Administrative Law and Regulatory Policy: 2009-2010 Supplement. New cases include: • Entergy Corp. v. Riverkeeper, Inc. • Federal Express Corp. v. Holowecki • Federal Communications Commission v. Fox Television Stations, Inc.
http://www.amazon.com/gp/product/0735587191/?tag=2022091-20
( Abortion, affirmative action, the "right to die," porn...)
Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book. One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.
http://www.amazon.com/gp/product/0674005791/?tag=2022091-20
(Explores what's really at stake in the hard right turn ta...)
Explores what's really at stake in the hard right turn taken by the Federal Courts, and what we all stand to lose if balance isn't restored to the judiciary branch of government. This book takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics.
http://www.amazon.com/gp/product/B00FKZE3TE/?tag=2022091-20
(Outstanding authorship, rich materials, and systematic co...)
Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh edition. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency actions, and matters of contemporary debate. A careful and rigorous revision, the Seventh Edition updates content throughout, gives consistent attention to detail, and tightens the presentation. Combining attention to the most recent developments in the field with the rigor and breadth that have always characterized this classic book, the Seventh Edition offers a thorough and timely overview of administrative law. Timeless features of this landmark casebook: • logical organization that reveals the interaction of doctrine and procedure, as well as bureaucratic and political factors • Notes and Problems that methodically explore all aspects of regulatory law and policy • historical background material that shows how the New Deal changed American government • in-depth consideration of the justifications for and tools of regulation New in the Seventh Edition • completely revised materials on presidential appointment and removal • coverage of e-rulemaking, the Obama Administration's transparency and openness initiatives, and other uses of new technologies • material on the Information Quality Act, midnight regulations, and guidance documents • a brief new section on global administrative law • key Supreme Court decisions: Free Enterprise Fund v. PCAOB, Gonzales v. Oregon, Massachusetts v. EPA, FCC v. Fox Television Stations, Inc., Woodford v. Ngo • streamlined Notes and Questions • expanded statutory appendix Table of Contents: Ch. 1. Introduction Ch. 2. The Constitutional Position of the Administrative Agency Ch. 3. Administrative Discretion, Administrative Substance, and Regulatory Performance Ch. 4. The Scope of Judicial Review--Questions of Fact, Law, and Policy Ch. 5. "Common Law" Requirements: Clarity, Consistency, "Fairness" Ch. 6. Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication Ch. 7. Agency Decisionmaking Structure Ch. 8. The Availability and Timing of Judicial Review Appendix A: Selected Provisions from the U.S. Constitution Appendix B: Selected Provisions from the Federal Administrative Procedure Act Appendix C: Selected Provisions from the Unfunded Mandates Reform Act Appendix D: Negotiated Rulemaking and Alternative Dispute Resolution Acts Appendix E: Congressional Review Act Appendix F: Information Quality Act Appendix G: Selected Provisions from the E-Government Act
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(En toda la superficie del globo los riesgos para la segur...)
En toda la superficie del globo los riesgos para la seguridad, la salud y el ambiente son objeto de un interés intenso. Desafortunadamente, en demasiadas ocasiones albergamos temores injustificados, y en muchos casos sólo logramos empeorar la situación. En lugar de investigar los hechos respondemos a temores transitorios. El resultado es una situación de histeria, de descuido y de enfermedades y muertes innecesarias.
http://www.amazon.com/gp/product/9871283210/?tag=2022091-20
http://www.amazon.com/gp/product/B00D5FFIHM/?tag=2022091-20
(This book is about the complex relationship between fear,...)
This book is about the complex relationship between fear, danger, and the law. Cass Sunstein argues that the precautionary principle is incoherent and potentially paralyzing, as risks exist on all sides of social situations and there is no 'general' precautionary principle as such. His insight into The Laws of Fear represents a major statement for the contemporary world from one of the most influential political and legal theorists writing today.
http://www.amazon.com/gp/product/0521615127/?tag=2022091-20
(The rise of the "information society" offers not only con...)
The rise of the "information society" offers not only considerable peril but also great promise. Beset from all sides by a never-ending barrage of media, how can we ensure that the most accurate information emerges and is heeded? In this book, Cass R. Sunstein develops a deeply optimistic understanding of the human potential to pool information, and to use that knowledge to improve our lives. In an age of information overload, it is easy to fall back on our own prejudices and insulate ourselves with comforting opinions that reaffirm our core beliefs. Crowds quickly become mobs. The justification for the Iraq war, the collapse of Enron, the explosion of the space shuttle Columbia-all of these resulted from decisions made by leaders and groups trapped in "information cocoons", shielded from information at odds with their preconceptions. How can leaders and ordinary people challenge insular decision making and gain access to the sum of human knowledge? Stunning new ways to share and aggregate information, many Internet-based, are helping companies, schools, governments, and individuals not only to acquire, but also to create, ever-growing bodies of accurate knowledge. Through a ceaseless flurry of self-correcting exchanges, wikis, covering everything from politics and business plans to sports and science fiction subcultures, amass-and refine-information. Open-source software enables large numbers of people to participate in technological development. Prediction markets aggregate information in a way that allows companies, ranging from computer manufacturers to Hollywood studios, to make better decisions about product launches and office openings. Sunstein shows how people can assimilate aggregated information without succumbing to the dangers of the herd mentality-and when and why the new aggregation techniques are so astoundingly accurate. In a world where opinion and anecdote increasingly compete on equal footing
http://www.amazon.com/gp/product/0195340671/?tag=2022091-20
( In this timely book, Cass R. Sunstein shows that organ...)
In this timely book, Cass R. Sunstein shows that organizations and nations are far more likely to prosper if they welcome dissent and promote openness. Attacking "political correctness" in all forms, Sunstein demonstrates that corporations, legislatures, even presidents are likely to blunder if they do not cultivate a culture of candor and disclosure. He shows that unjustified extremism, including violence and terrorism, often results from failure to tolerate dissenting views. The tragedy is that blunders and cruelties could be avoided if people spoke out. Sunstein casts new light on freedom of speech, showing that a free society not only forbids censorship but also provides public spaces for dissenters to expose widely held myths and pervasive injustices. He provides evidence about the effects of conformity and dissent on the federal courts. The evidence shows not only that Republican appointees vote differently from Democratic appointees but also that both Republican and Democratic judges are likely to go to extremes if unchecked by opposing views. Understanding the need for dissent illuminates countless social debates, including those over affirmative action in higher education, because diversity is indispensable to learning. Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense. This is true for dissenters in boardrooms, churches, unions, and academia. It is true for dissenters in the White House, Congress, and the Supreme Court. And it is true during times of war and peace.
http://www.amazon.com/gp/product/0674017684/?tag=2022091-20
(A unique multidisciplinary approach characterizes the lea...)
A unique multidisciplinary approach characterizes the leading Constitutional Law. A variety of critical and social perspectives draw on political theory, philosophy, sociology, ethics, history, and economics to give a contemporary look at constitutional law within its traditional doctrinal structure. A mixture of lightly and more heavily edited cases allows close analysis while providing a broad array of important opinions and pivotal cases. Extensive material summarizes the state of the law and its development. Constitutional Law"ideal for two-semester courses" follows a logical two-part organization, beginning with the balance of powers among the Supreme Court and local, state, and federal governments and moving to the rights and powers of individuals. The excellent coverage of First Amendment law is clear and concise, and a distinct annual supplement separates First Amendment materials from the rest for ease of research. The Seventh Edition presents new material on originalism and the right to bear arms; incorporation and the Second Amendment; and Libya and the War Powers Resolution. Full, analytic treatment of the Supreme Court's decisions in the Affordable Care Act is presented. Coverage of the preemption doctrine is expanded. A new discussion of the Religion Clauses' treatment considers church autonomy in light of Hosanna-Tabor. The text on freedom of expression has been revised to incorporate new cases such as Citizens United v. Federal Election Commission (on campaign finance regulation), Snyder v. Phelps (on intentional infliction of emotional distress), Brown v. Entertainment Merchants Ass'n (on violent video games), FCC v. Fox Television Stations (on expletives in broadcasting), and United States v. Alvarez (on criminal liability for lying about receiving medals of honor.) New material on privacy and the Internet brings the Seventh Edition completely up to date.
http://www.amazon.com/gp/product/1454817577/?tag=2022091-20
(Freedom of speech is one of our greatest legal rights and...)
Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University
http://www.amazon.com/gp/product/0028740009/?tag=2022091-20
( In the twentieth century, American society has experie...)
In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
http://www.amazon.com/gp/product/0674009096/?tag=2022091-20
(When you consider casebooks for your next administrative ...)
When you consider casebooks for your next administrative law course, make sure you examine this excellent revision from an author team of unmatched expertise. ADMINISTRATIVE LAW AND REGULATORY POLICY: Problems, Text, and Cases, Sixth Edition, offers a challenging examination of doctrine and policy that has been perfected through years of classroom use.
The casebook is highly respected for its many strengths:
Changes for the Sixth Edition reflect both legal developments and classroom experience:
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(This book discusses the current topic of Federal Governme...)
This book discusses the current topic of Federal Government regulations increasingly assessed by asking whether the benefits of the regulation justifies the cost of the regulation.
http://www.amazon.com/gp/product/1590310543/?tag=2022091-20
Sunstein, Cass Robert was born on September 21, 1954 in Salem, Massachusetts, United States.
AB, Harvard University, 1975. Juris Doctor, Harvard University, 1978.
Law clerk to Honorary Benjamin Kaplan Supreme Judicial Court of Massachusetts, 1978—1979. Law clerk to Honorary Thurgood Marshall United States Supreme Court, Washington, 1979-1980. Attorney-advisor, Office Legal Counsel United States Department Justice, 1980-1981.
Assistant professor law University Chicago Law School, 1981—1983, professor law, 1985—1988, Karl N. Llewellyn Professor Jurisprudence, 1988—1993, Karl N. Llewellyn Distinguished Service Professor Jurispridence, 1993—2008. Assistant professor Department Political Science University Chicago, 1983—1985. Felix Frankfurer professor law, director Program on Risk Regulation Harvard Law School, 2008—2009.
Administrator, Office Information & Regulatory Affairs Office Management & Budget, Executive Office of the President, Washington, since 2009. Associate editor Ethics, 1986—1988. Board editors Studies American Political Development, since 1989, Constitutional Political Economic, 1991, Journal Political Philosophy, since 1991.
Contributing editor The American Prospect, 1989, The New Republic, since 1999. Visiting professor Columbia Law School, New York City, 1986, Harvard Law School, Cambridge, Massachusetts, 1987, 2005. Co-director Center Constitutionalism Eastern Europe University Chicago, 1990—1997.
Member Presidential Advisory Committee Public Service Obligations of Digital television, 1997—1998. Consultant project on social norms Internal Revenue Service, since 1999.
( What happens to democracy and free speech if people use...)
( Abortion, affirmative action, the "right to die," porn...)
(What should be done about airplane safety and terrorism, ...)
( In the twentieth century, American society has experie...)
( In the twentieth century, American society has experie...)
( To ensure that you have the most up-to-date and comple...)
(This book discusses the current topic of Federal Governme...)
(Explores what's really at stake in the hard right turn ta...)
( Over the past two decades, the United States has seen a...)
(When you consider casebooks for your next administrative ...)
(Outstanding authorship, rich materials, and systematic co...)
("In modern nations, political disagreement is the source ...)
( This volume collects some of today's most original and ...)
(En toda la superficie del globo los riesgos para la segur...)
(Freedom of speech is one of our greatest legal rights and...)
(This text lays-out and celebrates the constellation of ri...)
(The rise of the "information society" offers not only con...)
(A unique multidisciplinary approach characterizes the lea...)
(This book is about the complex relationship between fear,...)
( American constitutional law is at a crossroads. In a ma...)
( In this timely book, Cass R. Sunstein shows that organ...)
(Will be shipped from US. Used books may not include compa...)
Member of American Bar Association (vice chairman Section Governmental Organization & Separation Powers 1986-1987, council Section Administrator Law 1987-1988, vice-chairman Judicial Review Committee since 1991, co-chair Committee Regulatory Policy since 2001, Certified Merit Award 1991), American Academy Arts & Sciences, American Law Institute, Institute Medicine Committee, World Wildlife Fund.
Married Samantha Power.