Cass Sunstein

An interview with Cass Sunstein. On The Gist, before Donald Trump’s headline-hogging presidency, things like bridge collapses made news for more than a few days. In the interview, Cass Sunstein’s new book asks if the U.S. is fundamentally immune to authoritarianism, or whether president Trump has proved the opposite. His new book—Can It Happen Here?: Authoritarianism in America—puts the question to more than a dozen leading writers.

When Law School Professor Cass R. Sunstein found out on March 14 that he was this year’s recipient of the Holberg Prize, he said he was both surprised and gratified. “It felt like squash had been made an Olympic sport, and I had been informed that I made the team,” Sunstein said. “Meaning, very surprising and slightly surreal—and a great honor.” The Holberg Prize is a Norwegian award given annually to a researcher who has made great contributions to the arts and humanities, the social sciences, law, or theology. Sunstein is a researcher in behavioral science and political theory, and his work explores the intersection of the two fields...Law School Professor Laurence H. Tribe, who taught Sunstein, wrote in an email that Sunstein “is a national treasure.” “His breadth and depth of insight across disciplines is unparalleled, as is his productivity. That he credits me as his mentor is humbling but enormously gratifying,” he wrote.

An op-ed by Cass Sunstein. The horrendous actions by Cambridge Analytica, a voter profiling company, and Aleksander Kogan, a Russian-American researcher, raise serious questions about privacy, social media, democracy and fraud. Amidst the justified furor, one temptation should be firmly resisted: for public and private institutions to lock their data down, blocking researchers and developers from providing the many benefits that it promises – for health, safety, and democracy itself.

In The New York Times Book Review, Andrew Sullivan reviews “Impeachment: A Citizen’s Guide,” by Cass R. Sunstein, and “Can It Happen Here? Authoritarianism in America,” edited by Sunstein. Sullivan writes: It’s really hard to impeach a president. The founders included the provision, from the very start, as the weakest, “break the glass in case of emergency” mechanism for reining in an out-of-control executive. He was already subject to a four-year term, so he would remain answerable to the people, and to two other branches of government, which could box him in constitutionally.

Harvard legal scholar Cass Sunstein has been named this year’s winner of the Holberg Prize, one of the largest international awards given to an outstanding researcher in the arts and humanities, the social sciences, law, or theology. Sunstein, the Robert Walmsley University Professor at Harvard Law School, is being given the prize for his wide-ranging, original, prolific, and influential research...“The main goal has been to deepen the foundations of democratic theory for the modern era, and to understand in practical terms how democracies might succeed in helping to make people’s lives better — and longer.”

An op-ed by Cass Sunstein. Did you hear? Taylor Swift is doing a new album, consisting of her favorite Katy Perry songs — and despite their lengthy feud, Perry herself will be performing on the album! OK, that’s not true. But a new study finds that by every measure, false rumors are more likely to spread than true ones. For those who believe in the marketplace of ideas and democratic self-government, that’s a big problem, raising an obvious question: What, if anything, are we going to do about it?

Cass Sunstein, the Harvard law professor known for bringing behavioral science to bear on public policy (not to mention for writing a best-seller about “Star Wars”), has won Norway’s Holberg Prize, which is awarded annually to a scholar who has made outstanding contributions to research in the arts, humanities, the social sciences, law or theology...In a statement, Mr. Sunstein summed up his work as addressing “how to promote enduring constitutional ideals — freedom, dignity, equality, self-government, the rule of law — under contemporary circumstances, which include large bureaucracies that sometimes promote, and sometimes threaten, those ideals.”

An article by David M. J. Lazer, Matthew A. Baum, Yochai Benkler, Adam J. Berinsky, Kelly M. Greenhill, Filippo Menczer, Miriam J. Metzger, Brendan Nyhan, Gordon Pennycook, David Rothschild, Michael Schudson, Steven A. Sloman, Cass R. Sunstein, Emily A. Thorson, Duncan J. Watts, and Jonathan L. Zittrain. The rise of fake news highlights the erosion of long-standing institutional bulwarks against misinformation in the internet age. Concern over the problem is global. However, much remains unknown regarding the vulnerabilities of individuals, institutions, and society to manipulations by malicious actors. A new system of safeguards is needed.

This week, more than a dozen high-profile social scientists and legal scholars charged their profession to help fix democracy by studying the crisis of fake news. Their call to action, published in Science, was notable for listing all that researchers still do not know about the phenomenon. How common is fake news, how does it work, and what can online platforms do to defang it? “There are surprisingly few scientific answers to these basic questions,” the authors write...The authors of the Science essay—who include Cass Sunstein, a Harvard Law School professor and former Obama administration official, and Duncan Watts, a social scientist at Microsoft Research—argue that avoiding the term distorts the issue. Fake news refers to a distinct phenomenon with a specific name, they say, and we should just use that name (fake news) to talk about that problem (fake news)...In an email, [Laurence] Tribe responded: “I do my best to avoid retweeting or relying in any way on dubiously sourced material and assume that, with experience, I’m coming closer to my own ideal. But no source is infallible, and anyone who pretends to reach that goal is guilty of self-deception or worse.”

...Nudges — tiny changes that have surprisingly large effects on how we act — offer policymakers a way to gently push us toward doing the right thing: Automatically sign up drivers as organ donors, or enroll employees in the company retirement plan, unless they opt out. Put the fruit at eye level and hide the cake and candy somewhere inconspicuous. These nudges work because real-world humans don't make decisions like coldly rational Mr. Spocks, but like flawed, idiosyncratic Captain Kirks. Nudges are essentially ways to harness our less-than-rational behaviors to help ourselves, or those around us...The idea first came to public view a decade ago through the best-selling book Nudge, by economist Richard Thaler and legal scholar Cass Sunstein...“The biggest change is the sheer explosion of initiatives, from private and public sectors alike,” says Sunstein, of Harvard University.

An op-ed by Cass Sunstein. President Donald Trump has shown little or no respect for the independence of the nation’s institutions. That lack of respect is what distinguishes him from his recent predecessors, both Republican and Democratic, and above all it is what demonstrates an authoritarian disposition. Reasonable people can differ about the Trump administration’s policies on taxes, regulation, abortion and government spending. For those who strongly support those policies, some of Trump’s less appealing personal characteristics, including a lack of grace, might seem relatively unimportant, a matter of detail.

...To some, our phones and apps are little more than a distraction; to others, they're nothing short of an existential threat. But the vast majority of critics—and more and more companies—agree: People could use help deciding where to place their attention, to ensure that their time with technology is—to borrow an increasingly fashionable phrase—time well spent. And make no mistake: We users do need help. And that help can take a form that's subtle and effective...But our susceptibilities also make us receptive to something Harvard legal scholar Cass Sunstein calls libertarian paternalism, a term he coined with Nobel Prize-winning economist Richard Thaler to describe "nudges" by which institutions help people make better choices (as judged by themselves), while preserving their freedom to make those choices at as low a cost as possible...The question for tech giants, Sunstein says, is not whether they should engage in libertarian paternalism, but the ends to which they do so. "For companies like Facebook and Apple, there is a pressing need for a lot more thought on the goals of choice architecture," he says.

An op-ed by Cass Sunstein. Very quietly, the Trump administration recently issued a draft of its annual report on the costs and benefits of federal regulations. It’s a responsible and highly professional document — and a corrective to the noisiest claims, from both the White House and its critics, on the whole topic of regulation. The report is required by the Regulatory Right-to-Know Act, enacted in 2000. Since that time, Republican and Democratic administrations have cataloged the costs and benefits of federal regulations.

“It Can't Happen Here,” a book written by Sinclair Lewis over 80 years ago, concludes with a president all but ending democracy in favor of an authoritarian regime of his own. To get elected, he promised the nation great economic reform and a return to traditional, patriotic values, vowing to save the country from welfare fraud, sex, crime and a liberal media — sound familiar? That book is now the jumping off point for a new book, “Can It Happen Here? Authoritarianism in America.” It's a collection of essays from some of the nation's leading thinkers, theorists and historians on exactly how democracies can crumble. Jim Braude was joined by Cass Sunstein, former administrator for the White House Office of Information and Regulatory Affairs under President Barack Obama and editor and contributor of “Can It Happen Here?” and Martha Minow, former Dean of Harvard Law School, now professor and contributor to “Can It Happen Here?” to discuss their latest book.

...With 19 people charged by special counsel Robert S. Mueller III (including five cooperating witnesses), some believe a case against Trump is imminent...Advocates for presidential immunity rely heavily on one line by Alexander Hamilton in The Federalist Papers: A president, he said, “would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.” Harvard Law professor Cass Sunstein insists that this quote “means you can’t indict and try a sitting president. He has to be removed first.”

Investors often use rules of thumb or cognitive shortcuts that simplify decisions. In the world of behavioral economics, these rules or shortcuts are known as heuristics. But investors are sometimes blind to the mistakes they might be making when they use rules of thumb and shortcuts. So, what are some heuristics that investors should use and which ones should they avoid?...For his part, Cass Sunstein, a professor at Harvard Law School, calls selling low myopic loss aversion, which is something you want to avoid. “Investors often react intensely to short-term losses,” says Sunstein. “Fear is not a good adviser.”

An op-ed by Cass Sunstein. Amid all the current political clamor, the Justice Department recently did something that is both technical and important -- and that simultaneously promotes freedom and the rule of law. It deserves bipartisan approval for its announcement that it will no longer rely on “guidance documents” to try to bind the private sector. Under the Administrative Procedure Act, enacted in 1946, federal agencies are allowed to issue “interpretative rules” and “general policy statements,” some of which qualify as guidance documents. Many of these advise members of the public -- companies, hospitals, labor unions, charities, immigrants -- about what the government considers to be their legal responsibilities.

...Where does the outrage come from, and why does it seem to emerge so suddenly? Media reporting is often a trigger, but for every hard-hitting investigation that unleashes a sustained storm, a dozen squalls blow over swiftly. One clue comes from a large research study of jury-style deliberations, conducted by psychologists Daniel Kahneman and David Schkade, along with Cass Sunstein, who has recently been exploring the dynamics of outrage. (Mr Sunstein was a senior official in the Obama administration, co-author with Richard Thaler of Nudge and is a legal scholar at Harvard Law School.) This study looked at debates over punitive damage awards against corporations. When individual jurors felt a corporate crime was outrageous, the group displayed a “severity shift”.

An op-ed by Cass Sunstein. The use of the Second Amendment to block consideration of sensible gun control measures is a national disgrace. And conservatives themselves have explained why this is true. For decades, conservatives have objected to the use of constitutional provisions as a political weapon, insisting that controversies should be resolved in democratic arenas instead. They have made this argument to oppose judicial recognition of the right to choose abortion; protection of same-sex marriage; creation of a rigid “wall” between church and state; and creation of new rights in the criminal justice system. Going even further, they have argued against the left’s efforts to use the Constitution to block reasonable political debates — about religion, about privacy, about equality — that the justices have never settled.

An op-ed by Cass Sunstein. In 2012, the Barack Obama administration imposed regulatory standards that require significant increases in the fuel economy of automobiles. 1 Intent on reducing regulatory costs, the Donald Trump administration is rethinking those standards. But it’s encountering a major roadblock: California. Because California is so large, and because more cars are sold there, by far, than in any other state, its regulators are in a strong position to drive the national market with respect to fuel economy — and to influence national regulators as well.