Cass Sunstein
Early Life and Education
Cass Robert Sunstein was born on September 21, 1954, in Waban, Massachusetts. He attended the Middlesex School, a prestigious independent secondary school in Concord, Massachusetts. Sunstein went on to earn his Bachelor of Arts degree from Harvard College in 1975, where he graduated magna cum laude. He continued his education at Harvard Law School, where he was an editor of the Harvard Law Review and earned his Juris Doctor degree in 1978.
Academic Career
Sunstein began his academic career at the University of Chicago Law School, where he served as a faculty member from 1981 to 2008. During his tenure at the University of Chicago, Sunstein became one of the most cited legal scholars in the United States. His work spans a wide range of topics, including constitutional law, administrative law, environmental law, and behavioral economics.
In 2008, Sunstein joined the faculty at Harvard Law School, where he currently holds the position of Robert Walmsley University Professor. His interdisciplinary approach has influenced various fields, and he has collaborated with scholars from different disciplines, including economics, psychology, and political science.
Contributions to Legal Theory
Sunstein is renowned for his contributions to legal theory, particularly in the areas of constitutional law and administrative law. His work on judicial minimalism advocates for a restrained approach to judicial decision-making, emphasizing the importance of narrow rulings that avoid broad constitutional pronouncements. This approach aims to promote stability and predictability in the law, while allowing for democratic deliberation and incremental legal development.
Sunstein has also been a prominent advocate for the use of cost-benefit analysis in regulatory decision-making. He argues that this approach can lead to more rational and efficient regulation by systematically weighing the benefits and costs of proposed regulations. His work in this area has influenced both academic discourse and practical policy-making.
Behavioral Economics and Nudge Theory
One of Sunstein's most influential contributions is his work on behavioral economics and nudge theory, developed in collaboration with economist Richard Thaler. Their book, "Nudge: Improving Decisions About Health, Wealth, and Happiness," published in 2008, explores how small changes in the choice architecture can significantly impact individual behavior. The concept of "nudging" involves designing policies and environments that guide individuals towards better decisions without restricting their freedom of choice.
Sunstein and Thaler's work has had a profound impact on public policy, leading to the establishment of "nudge units" in various governments around the world. These units apply behavioral insights to improve policy outcomes in areas such as health, finance, and the environment.
Government Service
In 2009, Sunstein was appointed by President Barack Obama to serve as the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget. During his tenure at OIRA, Sunstein focused on improving the regulatory process by promoting transparency, accountability, and the use of evidence-based decision-making. He played a key role in implementing executive orders aimed at reducing regulatory burdens and enhancing the effectiveness of regulations.
Sunstein's work at OIRA also involved the application of behavioral insights to regulatory policy. He advocated for the use of nudges and other behavioral interventions to improve regulatory outcomes, particularly in areas such as health and safety.
Environmental Law and Policy
Sunstein has made significant contributions to the field of environmental law and policy. His work emphasizes the importance of addressing environmental challenges through a combination of regulatory measures and market-based approaches. He has written extensively on topics such as climate change, air pollution, and environmental risk assessment.
In his book "Risk and Reason: Safety, Law, and the Environment," Sunstein explores the complexities of environmental risk management and advocates for a precautionary approach that balances the need for precaution with the need for innovation and economic growth. His work has influenced both academic debates and practical policy-making in the field of environmental law.
Publications and Influence
Sunstein is a prolific author, having written or co-authored over 40 books and numerous articles. His publications cover a wide range of topics, including law, economics, psychology, and public policy. Some of his notable books include "The Cost-Benefit State: The Future of Regulatory Protection," "Simpler: The Future of Government," and "The World According to Star Wars."
Sunstein's interdisciplinary approach and ability to bridge the gap between theory and practice have made him a highly influential figure in both academic and policy circles. His work has been widely cited and has had a significant impact on legal scholarship, public policy, and regulatory practice.
Personal Life
Sunstein is married to Samantha Power, a former U.S. Ambassador to the United Nations and a prominent human rights advocate. The couple has two children. Sunstein is known for his intellectual curiosity and his ability to engage with a wide range of topics, from legal theory to popular culture.