Cass Sunstein

An op-ed by Cass R. Sunstein. Remember George Plimpton’s classic book, "Paper Lion"? In the 1960s, Plimpton decided to find out what would happen if an ordinary person tried to play professional football. Amazingly, the Detroit Lions agreed to give him a tryout, allowing him to come to training camp as a third-string quarterback. The result? Disaster...A few days ago, I followed in his footsteps. Not, thank goodness, on the football field. My sport is squash -- played with a racquet and a small ball in an indoor court.

An op-ed by Cass R. Sunstein. Many people are stunned by the U.S. Supreme Court’s refusal to review any of the recent lower-court decisions requiring states to recognize same-sex marriages. They shouldn’t be. The court’s silence is a fresh tribute to what Yale law professor Alexander Bickel, writing in the early 1960s, called “the passive virtues.” For the Supreme Court, not to decide is often the best course, especially when the nation is sharply divided.

An op-ed by Cass Sunstein: You're going to like this column a lot. It’s the best one you’ll read today, or any day this month. I showed an early draft to a close friend of mine, a famous French novelist I have dinner with whenever I'm in Paris, and he said, “I only wish I could write so well!” Another friend, a billionaire who has two Nobel prizes and an Olympic gold medal (and who recently told me I'm the best-dressed person he knows), responded with just one word: “Wow.” Why do people brag? They want to make a good impression, whether the context is employment, business, friendship or romance. And sometimes self-promotion does work. When it carries over into bragging, though, it makes the person seem anxious, annoying and unbearably self-involved. New research by social scientists Irene Scopelliti, George Loewenstein and Joachim Vosgerau offers a powerful explanation for why people undermine their own goals, and create a seriously negative impression, by bragging. In a nutshell, braggarts project their own emotions onto the person they're talking to.

An op-ed by Cass R. Sunstein. If you’re getting a new iPhone (because you're not bothered by the possibility it might bend), will you select the iPhone 6 or the iPhone 6 Plus? A lot of people have been getting the latter, because it has a bigger screen, more pixels and better battery life. But before you join them, please take a deep breath. You might be making one of the most important, if least known, decision-making mistakes in all of behavioral science.

An op-ed by Cass R. Sunstein. If you are a Democrat, would you marry a Republican? Would you be upset if your sister did? Researchers have long asked such questions about race, and have found that along important dimensions, racial prejudice is decreasing. At the same time, party prejudice in the U.S. has jumped, infecting not only politics but also decisions about dating, marriage and hiring. By some measures, "partyism" now exceeds racial prejudice -- which helps explain the intensity of some midterm election campaigns.

An op-ed by Cass R. Sunstein. Does the Barack Obama administration have the legal authority to use military force against Islamic State? Some constitutional scholars, and some members of Congress, have been skeptical, even dismissive. But as a matter of law, the president has a strong justification...In 2001, Congress gave the George W. Bush administration broad authorization to respond to the Sept. 11 attacks. The Authorization for Use of Military Force explicitly says the president can “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided” the 9/11 attacks, or even that “harbored such organizations or persons.” For present purposes, the most important word here is “organizations,” and the key phrase is “he determines.”

An op-ed by Cass R. Sunstein. The new Apple payment system has extraordinary promise. With Apple Pay, you might not need a wallet, and you can leave your credit and debit cards at home. In terms of ease and convenience, payment cards represented a big leap from the era of cash. Apple hopes its system will be a comparable leap from the era of cards. Skeptics have focused on questions of security and privacy, but prospective users might want to pause over a different problem: When payment becomes easier, and when people don’t see the money they’re handing over, they tend to spend a lot more. And as payment becomes more automatic, people become less sensitive to what they’re losing. Apple Pay users might find that their thinner phones are making their bank accounts thinner as well.

An op-ed by Cass R. Sunstein. Suppose you learned that during the recent recession the national government adopted a policy that cost American homeowners $5.4 billion. Or that the nation’s banks adopted a policy that had exactly the same effect. You’d probably be outraged. Fortunately, that didn’t quite happen, but something similar did. Whether or not it’s outrageous, we should do something about it. For many people, buying a home is the most important financial decision they ever make. Interest rates rise and fall, and when they fall, many homeowners have an opportunity to refinance and to save a lot of money. From 2010 to 2012, rates dropped significantly. In late 2012, they reached an all-time low, falling well below 4 percent. Someone whose original loan came with a rate of 6.5 percent could, by refinancing, save more than $100,000 over the life of the loan. The standard economic assumption is that homeowners consider such benefits and make rational decisions about whether and when to refinance. But behavioral economists suspect this isn't what really happens -- that lots of people fail to refinance even when they stand to save many thousands of dollars.

An op-ed by Cass R. Sunstein. The movement for marriage equality yesterday received its greatest legal victory. Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, wrote a powerful opinion ordering Indiana and Wisconsin to recognize same-sex marriages. In the process, he eviscerated the states’ efforts to defend their discriminatory laws. The author matters in this case. Posner was appointed by Ronald Reagan, and he isn't known for favoring an active judicial role or for thinking that courts should promote social change. He is also widely admired, and probably counts as the most influential lower court judge of the past 50 years. When he speaks, people listen.

An op-ed by Cass R. Sunstein. Why do people become violent extremists? You might speculate that the answer is poverty. George W. Bush thought so: "We fight against poverty because hope is an answer to terror." Or you might think a lack of education explains it. Laura Bush thought so: “A lasting victory in the war against terror depends on educating the world’s children.” Neither of these answers is correct, however. Most extremists, including those who commit violence, are not poor and do not lack education.

An op-ed by Edward Glaeser and Cass Sunstein: A lot of attention has been devoted in recent years to overregulation at the national level. For many people, though, the regulations that hit hardest come from states and localities. The story of Uber's fight with overzealous local regulators is only a well-publicized tip of the iceberg. A 2012 study conducted by the Institute for Justice finds that 102 trades and occupations now face licensing requirements in states or cities. The people who suffer most from them are those without a lot of money or advanced education.

An op-ed by Cass Sunstein: In his 2014 State of the Union address, President Barack Obama tried to attract support for one of his highest priorities when he said, “Independent economists say immigration reform will grow our economy and shrink our deficits.” He’s right. Economists disagree about a lot of things, but on behalf of immigration reform, there is a professional consensus that cuts across the usual political divisions. Why, then, has reform stalled in Congress?

An op-ed by Cass R. Sunstein. “The reason Milton wrote in fetters when he wrote of Angels and God, and at liberty when of Devils and Hell, is because he was a true Poet and of the Devil's party without knowing it.” So said the poet William Blake, referring to the way, in John Milton’s "Paradise Lost," Satan steals the show. Ron Perlstein, author of "The Invisible Bridge: The Fall of Nixon and the Rise of Reagan," is not a poet, but he is an excellent nonfiction writer. And while he knows that Ronald Reagan is nothing like the devil, he is not exactly in Reagan’s political camp. Yet when discussing Jimmy Carter, Richard Nixon and Gerald Ford, Perlstein writes in fetters. As soon as Reagan appears, the author is at liberty, and his prose soars.

The Supreme Court issued a remarkable number of unanimous decisions last term, and in their public remarks the justices seemed unanimous in saying that unanimity was a good thing. But is it? A new study from Cass R. Sunstein, a law professor at Harvard, concluded that all of the usual reasons for seeking common ground were open to question. “The arguments in favor of higher levels of consensus,” he wrote, “rest on fragile empirical foundations.”

An op-ed by Cass R. Sunstein. When Richard Nixon announced his resignation, 40 years ago today, it was for one reason: Members of Congress had informed him the night before that he would be impeached by the House of Representatives, convicted by the Senate and removed from office. In retrospect, one of the most striking features of the Watergate controversy is the continuity between a pivotal decision of the founding generation and the judgment of congressional leaders more than 180 years later. In 1974, the nation’s representatives focused on precisely the kinds of wrongdoing that prompted the founders to authorize impeachment in the first place.

An op-ed by Cass Sunstein. While we endure endless speculation about who will run for president in 2016, an important question is being left unaddressed: How will the ultimate winner be able to take any useful action?

An op-ed by Cass. R. Sunstein. While Representative Paul Ryan’s new anti-poverty plan has provoked significant discussion, little attention has been given to his ideas for regulatory reform. Those ideas deserve separate analysis and also considerable credit. They point in helpful directions, and they suggest the possibility of bipartisan cooperation on some important questions.

An op-ed by Cass R. Sunstein. At CVS, a 100-tablet package of store-brand aspirin costs you $1.99. Bayer aspirin is three times that much. Nonetheless, millions of people end up buying Bayer. When it comes to headache remedies, salt, sugar and hundreds of other important products, many people choose national brands even when a cheaper store brand is at hand. Why? For the first time, we have solid answers, thanks to a study by Dutch economist Bart Bronnenberg of Tilburg University and three colleagues from the University of Chicago. They found a simple correlation: The more informed you are, the more likely you are to choose store brands.

An op-ed by Cass R. Sunstein. One of the most appealing features of modern conservative thought is its insistence on fidelity to the Constitution. Whether or not we endorse “strict construction,” or the claim that the Constitution means what it originally meant, it is certainly honorable to emphasize that public officials are bound by our founding document. How odd, then, that prominent conservatives have been embracing Speaker John Boehner’s proposed lawsuit by the House of Representatives against President Barack Obama -- an idea that reflects a stunningly cavalier approach to the Constitution.

An op-ed by Cass R. Sunstein. Senators Patrick Leahy of Vermont and John Cornyn of Texas, leaders of the Judiciary Committee, have long shown an admirable commitment to open government, and their recent bill to amend the Freedom of Information Act is winning a ton of praise. Some of its reforms make sense, but, unfortunately, its key provision is a horrible idea. By reducing the protection now given to deliberations within the executive branch, it would have a chilling effect on those discussions.

Cass Sunstein: The most important Supreme Court decision of the 2013 term may well be EPA v. Homer City, which upheld the Environmental Protection Agency’s cross-state air pollution rule…Laurence Tribe: In a year in which the high court weighed in on presidential appointment power, public unions, abortion and religious freedom, many observers will say that the court is reshaping our politics and culture with sweeping pronouncements that inject it squarely into the most salient, controversial issues of the day…Martha Minow: Free speech and religious expression win; equality does less well; growing reliance on communications technologies and on government to address environmental harms informs the law; corporations and employers gain power relative to employees; tensions between branches continue, amid bold assertions of humility…Mark Tushnet: ...The court is constructing what in fancy terms we can call an ideology or philosophy of constitutional law. And, the current court’s philosophy is, broadly speaking, conservative, skeptical of expansive exercises of government power in the domestic arena, tending in a mildly libertarian direction.