Cass R. Sunstein, Is Resistance Futile? On the Potentially Disabling Consequence of Thinking About Consequences, 16 California Law Review Online 79 (2025).
Abstract: When and how should an individual or an institution act in response to extortion? What should an individual or an institution do to oppose tyranny, illegality, oppression, or horror, if we suppose that the consequences of opposition might not be so good or might be terrible? These questions arose in stark form in 2025 in the context of efforts by the Trump administration to punish and bring to heel law firms, individuals, universities, and others. The underlying debates can be connected with longstanding debates in legal and political philosophy involving act utilitarianism, rule utilitarianism, and deontology.