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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.
From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits "abridging the freedom of speech," yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement?In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it's consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant's political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray.At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.
"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 essentially inevitable due to their amazing, matchless talent? Maybe. It's hard to imagine our world without its stars and celebrity geniuses-they become a 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 role of greatness, luck, and contingency in the achievement of fame. First, Sunstein examines recent research-on informational cascades, power laws, network effects, and group polarization-to probe the question of how people become famous. He explores what ends up in the history books, in the great religious texts, 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," the nature of memory, success and failure in business, and our enduring fascination with fame"--
How do we decide how we decide? On the largest matters and the smallest ones, we make such decisions all the time. This book casts light on decisions about decisions?what they are, where they go wrong, and how they can be helped to go right.
"The 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."--
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.
Best-selling author Cass R. Sunstein examines how to avoid worst-case scenariosThe world is increasingly confronted with new challenges related to climate change, globalization, disease, and technology. Governments are faced with having to decide how much risk is worth taking, how much destruction and death can be tolerated, and how much money should be invested in the hopes of avoiding catastrophe. Lacking full information, should decision-makers focus on avoiding the most catastrophic outcomes? When should extreme measures be taken to prevent as much destruction as possible?Averting Catastrophe explores how governments ought to make decisions in times of imminent disaster. Cass R. Sunstein argues that using the ¿maximin rule,¿ which calls for choosing the approach that eliminates the worst of the worst-case scenarios, may be necessary when public officials lack important information, and when the worst-case scenario is too disastrous to contemplate. He underscores this argument by emphasizing the reality of ¿Knightian uncertainty,¿ found in circumstances in which it is not possible to assign probabilities to various outcomes. Sunstein brings foundational issues in decision theory in close contact with real problems in regulation, law, and daily life, and considers other potential future risks. At once an approachable introduction to decision-theory and a provocative argument for how governments ought to handle risk, Averting Catastrophe offers a definitive path forward in a world rife with uncertainty.
How our shifting sense of "what's normal" defines the character of democracy
“With insight, wisdom, affection, and concern, Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” —Doris Kearns GoodwinAn essential guide to the impeachment process that rises above politics and goes beyond punditry, from one of America''s foremost legal experts.As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public''s responsibility. One route the Constitution provides for discharging that duty--a route rarely traveled--is impeachment.Harvard Law professor Cass R. Sunstein provides a succinct citizen''s guide to this essential tool of self-government. Taking us deeper than mere partisan politics, he illuminates the constitutional design behind impeachment and emphasizes the people''s role in holding presidents accountable. In spite of the loud national debate between pundits and politicians alike over whether or not to impeach Trump, impeachment remains widely misunderstood. Sunstein identifies and corrects a number of common misconceptions. For example, he shows how the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic''s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers'' controversial decision to install an empowered executive in a nation deeply fearful of kings.With an eye toward the past and the future, Impeachment: A Citizen''s Guide considers a host of actual and imaginable arguments for a president''s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. And with an appendix on the Mueller report, it puts the current national debate in its proper historical context. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
"Irresistibly charming, acclaimed legal scholar Sunstein writes partly as a rigorous academic and partly as a helpless fanboy as he explores our fascination with Star Wars and what the series can teach us about the law, behavioral economics, history, and even fatherhood.
Looks at what judges actually do. This title focuses on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case?
This Palgrave Pivot offers comprehensive evidence about what people actually think of "nudge" policies designed to steer decision makers' choices in positive directions.
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 democracyand what can be done about itAs the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It's no accident that on some occasions, people of different political views cannot even understand each other. It's also no surprise that terrorist groups have been able to exploit social media to deadly effect.Welcome to the age of #Republic.In this revealing book, Cass Sunstein, the New York Times bestselling author of Nudge and The World According to Star Wars, shows how today's Internet is driving political fragmentation, polarization, and even extremismand what can be done about it.Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates "e;cybercascades,"e; exploits "e;confirmation bias,"e; and assists "e;polarization entrepreneurs."e; And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy.In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed.#Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need.
The Office of Information and Regulatory Affairs (OIRA) is the nation's regulatory overseer. In this book, the author draws on his experience as the Administrator of OIRA from 2009 to 2012, to argue that we can humanize regulation - and save lives in the process.
Nuclear bombs in suitcases, anthrax in ventilators, tsunamis and meteors, avian flu, scorchingly heat: nightmares that were once the plot of Hollywood movies are now frighteningly real possibilities. Sunstein explores these and other worst-case scenarios and how we might best prevent them in this vivid, illuminating, and highly original analysis.
Why are group decisions so hard?Since the beginning of human history, people have made decisions in groups-first in families and villages, and now as part of companies, governments, school boards, religious organizations, or any one of countless other groups. And having more than one person to help decide is good because the group benefits from the collective knowledge of all of its members, and this results in better decisions. Right?Back to reality. We've all been involved in group decisions-and they're hard. And they often turn out badly. Why? Many blame bad decisions on "e;groupthink"e; without a clear idea of what that term really means.Now, Nudge coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong-and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes. In the first part of the book, they explain in clear and fascinating detail the distinct problems groups run into:They often amplify, rather than correct, individual errors in judgmentThey fall victim to cascade effects, as members follow what others say or doThey become polarized, adopting more extreme positions than the ones they began withThey emphasize what everybody knows instead of focusing on critical information that only a few people knowIn the second part of the book, the authors turn to straightforward methods and advice for making groups smarter. These approaches include silencing the leader so that the views of other group members can surface, rethinking rewards and incentives to encourage people to reveal their own knowledge, thoughtfully assigning roles that are aligned with people's unique strengths, and more.With examples from a broad range of organizations-from Google to the CIA-and written in an engaging and witty style, Wiser will not only enlighten you; it will help your team and your organization make better decisions-decisions that lead to greater success.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "e;many minds"e; argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
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, and in doing so has fostered public debate on difficult topics.
This is an ambitious, sweeping book that argues how rights are vital to the continuing security of our nation.
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.
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