Cass R. Sunstein: Curriculum Vitae EDUCATION
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A New Progressivism Cass R
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 A New Progressivism Cass R. Sunstein Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Cass R. Sunstein, "A New Progressivism" (John M. Olin Program in Law and Economics Working Paper No. 245, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 245 (2D SERIES) A New Progressivism Cass R. Sunstein THE LAW SCHOOL THE UNIVERSITY OF CHICAGO May 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=726443 A New Progressivism Cass R. Sunstein* Abstract Based on an address for a conference on Law and Transformation in South Africa, this paper explores problems with two twentieth-century approaches to government: the way of markets and the way of planning. It urge that the New Progressivism simultaneously offers (1) a distinctive conception of government’s appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government’s appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. -
Animals and Ethics Fall, 2017, P
Philosophy 174a Ethics and Animals Fall 2017 Instructor: Teaching Fellow: Chris Korsgaard Ahson Azmat 205 Emerson Hall [email protected] [email protected] Office Hours: Mondays 1:30-3:30 Description: Do human beings have moral obligations to the other animals? If so, what are they, and why? Should or could non-human animals have legal rights? Should we treat wild and domestic animals differently? Do human beings have the right to eat the other animals, raise them for that purpose on factory farms, use them in experiments, display them in zoos and circuses, make them race or fight for our entertainment, make them work for us, and keep them as pets? We will examine the work of utilitarian, Kantian, and Aristotelian philosophers, and others who have tried to answer these questions. This course, when taken for a letter grade, meets the General Education requirement for Ethical Reasoning. Sources and How to Get Them: Many of the sources from we will be reading from onto the course web site, but you will need to have copies of Singer’s Animal Liberation, Regan’s The Case for Animal Rights, Mill’s Utilitarianism and Coetzee’s The Lives of Animals. I have ordered all the main books from which we will be reading (except my own book, which is not yet published) at the Coop. The main books we will be using are: Animal Liberation, by Peter Singer. Updated edition, 2009, by Harper Collins Publishers. The Case for Animal Rights, by Tom Regan. University of California Press, 2004. Fellow Creatures: Our Obligations to the Other Animals, by Christine M. -
Bios for Commercial Speech 2020
Bios for Commercial Speech 2020 Floyd Abrams Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group. Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Floyd Abrams is a member of the American Academy of Arts & Sciences. He has been an active member of both federal and New York City bar associations and has chaired committees for both. He has been the recipient of numerous awards, including Yale Law School’s prestigious Award of Merit in 2015. He has appeared frequently on television and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere. For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005). Alex Abdo Alex Abdo is the inaugural Litigation Director of the Knight First Amendment Institute at Columbia University. -
Rattling the Cage Defended Steven M
Boston College Law Review Volume 43 Article 2 Issue 3 Number 3 5-1-2002 Rattling the Cage Defended Steven M. Wise Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Animal Law Commons, and the Science and Technology Law Commons Recommended Citation Steven M. Wise, Rattling the Cage Defended, 43 B.C.L. Rev. 623 (2002), http://lawdigitalcommons.bc.edu/bclr/vol43/iss3/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. RATTLING THE CAGE DEFENDED STEVEN M. WISE* Abstract: In Rattling the Cage: Toward Levi Rights for Animals, the author advocated basic legal rights—specifically common law rights—for chimpanzees, bonobos, and other nonhuman animals. In this Article, the author responds to many of the major criticisms of Rattling the Cage. The author confronts critics of his historical arguments for legal rights for nonhuman animals, tracing those arguments through ancient philosophy and nineteenth century English statutes. The author also expands upon his legal arguments for animal rights, reexamining various theories of rights and justifications for treating animals as property, Finally, borrowing from his upcoming book Drawing the Line: Science and The Case for Animal Rights, the author defends his advocacy of legal rights for nonhuman animals based on the relative autonomy nonhuman animals possess. INTRODUCTION "The 'animal rights' movement is gathering steam and Steven Wise is one of the pistons."l Thus Judge Richard Posner began a Yale Law Journal review of my book, Rattling the Cage: Toward Legal Rights for Animals, published in 2000. -
Featured Topic Social & Behavioral Science Interventions at the Federal Level in This Issue Nudging People to Get Flu Vaccinations
a publication of the behavioral science & policy association volume 2 issue 2 2016 featured topic social & behavioral science interventions at the federal level in this issue Nudging people to get flu vaccinations behavioralpolicy.org founding co-editors disciplinary editors Craig R. Fox (UCLA) Behavioral Economics Sim B Sitkin (Duke University) Senior Disciplinary Editor Dean S. Karlan (Yale University) bspa executive director Associate Disciplinary Editors Oren Bar-Gill (Harvard University) Colin F. Camerer (California Institute ofTechnology) Kate B.B. Wessels M. Keith Chen (UCLA) advisory board Julian Jamison (World Bank) Paul Brest (Stanford University) Russell B. Korobkin (UCLA) David Brooks (New York Times) Devin G. Pope (University of Chicago) John Seely Brown (Deloitte) Jonathan Zinman (Dartmouth College) Robert B. Cialdini (Arizona State University) Adam M. Grant (University of Pennsylvania) Cognitive & Brain Science Daniel Kahneman (Princeton University) Senior Disciplinary Editor Henry L. Roediger III (Washington University) James G. March (Stanford University) Associate Disciplinary Editors Yadin Dudai (Weizmann Institute & NYU) Jeffrey Pfeffer (Stanford University) Roberta L. Klatzky (Carnegie Mellon University) Denise M. Rousseau (Carnegie Mellon University) Hal Pashler (UC San Diego) Paul Slovic (University of Oregon) Steven E. Petersen (Washington University) Cass R. Sunstein (Harvard University) Jeremy M. Wolfe (Harvard University) Richard H. Thaler (University of Chicago) Decision, Marketing, & Management Sciences executive committee Senior Disciplinary Editor Eric J. Johnson (Columbia University) Associate Disciplinary Editors Linda C. Babcock (Carnegie Mellon University) Morela Hernandez (University of Virginia) Max H. Bazerman (Harvard University) Katherine L. Milkman (University of Pennsylvania) Baruch Fischhoff (Carnegie Mellon University) Daniel Oppenheimer (UCLA) John G. Lynch (University of Colorado) Todd Rogers (Harvard University) John W. -
Chapman Law Review
Chapman Law Review Volume 21 Board of Editors 2017–2018 Executive Board Editor-in-Chief LAUREN K. FITZPATRICK Managing Editor RYAN W. COOPER Senior Articles Editors Production Editor SUNEETA H. ISRANI MARISSA N. HAMILTON TAYLOR A. KENDZIERSKI CLARE M. WERNET Senior Notes & Comments Editor TAYLOR B. BROWN Senior Symposium Editor CINDY PARK Senior Submissions & Online Editor ALBERTO WILCHES –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Articles Editors ASHLEY C. ANDERSON KRISTEN N. KOVACICH ARLENE GALARZA STEVEN L. RIMMER NATALIE M. GAONA AMANDA M. SHAUGHNESSY-FORD ANAM A. JAVED DAMION M. YOUNG __________________________________________________________________ Staff Editors RAYMOND AUBELE AMY N. HUDACK JAMIE L. RICE CARLOS BACIO MEGAN A. LEE JAMIE L. TRAXLER HOPE C. BLAIN DANTE P. LOGIE BRANDON R. SALVATIERRA GEORGE E. BRIETIGAM DRAKE A. MIRSCH HANNAH B. STETSON KATHERINE A. BURGESS MARLENA MLYNARSKA SYDNEY L. WEST KYLEY S. CHELWICK NICHOLE N. MOVASSAGHI Faculty Advisor CELESTINE MCCONVILLE, Professor of Law CHAPMAN UNIVERSITY HAZEM H. CHEHABI ADMINISTRATION JEROME W. CWIERTNIA DALE E. FOWLER ’58 DANIELE C. STRUPPA BARRY GOLDFARB President STAN HARRELSON GAVIN S. HERBERT,JR. GLENN M. PFEIFFER WILLIAM K. HOOD Provost and Executive Vice ANDY HOROWITZ President for Academic Affairs MARK CHAPIN JOHNSON ’05 JENNIFER L. KELLER HAROLD W. HEWITT,JR. THOMAS E. MALLOY Executive Vice President and Chief SEBASTIAN PAUL MUSCO Operating Officer RICHARD MUTH (MBA ’05) JAMES J. PETERSON SHERYL A. BOURGEOIS HARRY S. RINKER Executive Vice President for JAMES B. ROSZAK University Advancement THE HONORABLE LORETTA SANCHEZ ’82 HELEN NORRIS MOHINDAR S. SANDHU Vice President and Chief RONALD M. SIMON Information Officer RONALD E. SODERLING KAREN R. WILKINSON ’69 THOMAS C. PIECHOTA DAVID W. -
Support for Non-Violent Activists and Protections of Animals in Commercial Operations
Page 1 of 73 Peace and Justice Commission CONSENT CALENDAR December 10, 2019 To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted by: Igor Tregub, Chairperson, Peace and Justice Commission Subject: Support for Non-Violent Activists and Protections of Animals in Commercial Operations RECOMMENDATION Adopt a resolution supporting non-violent activists and protecting animals in commercial operations. SUMMARY Berkeley residents currently face felony charges for conducting non-violent investigations and animal rescues involving factory farms in Sonoma County. We urge the Berkeley City Council to adopt a resolution supporting those activists diverting resources to protecting animals in commercial operations. FISCAL IMPACTS OF RECOMMENDATION Minimal to negligible. CURRENT SITUATION AND ITS EFFECTS At its September 9, 2019 meeting, the Peace and Justice Commission approved the attached resolution with an amendment including, as a footnote, the text of California Penal Code Section 597e. The action taken was as follows: M/S/C: Meola, Tregub Ayes: al-Bazian, Bohn, Lippman, Maran, Meola, Morizawa, Pancoast, Pierce, Rodriguez, Tregub Noes: None Abstain: Gussman, Han Absent: Askary Excused: None Five Berkeley residents – Almira Tanner, Cassie King, Wayne Hsiung, Priya Sawhney, and Jon Frohnmayer – and an Oakland resident – Rachel Ziegler – all of whom are members of the international grassroots activist network Direct Action Everywhere (DxE), presently face seven or eight felonies each in Sonoma County in connection with three 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Page 2 of 73 Support for Non-Violent Activists and Protections of Animals CONSENT CALENDAR December 10, 2019 demonstrations by DxE in that county. -
An Unreconstructed Ode to Eve Sedgwick (And Others) Brenda Cossman
Queering Queer Legal Studies: An Unreconstructed Ode to Eve Sedgwick (and Others) Brenda Cossman Abstract The essay explores the extant field queer legal studies and maps the multiple meanings of “queer” deployed within it. I distinguish queer from LGBT, but resist any further disciplining of the term. I propose instead an understanding of queer legal studies as a sensibility. Neither a prescription nor a pronouncement, the article is written as an ode to Eve Sedgewick, her axioms and her reparative readings. I offer the essay as a celebration of queer legal studies to date and of its hopeful potentialities into an unknown future. I. Axiom 1: Queer legal theory exists. There is a body of queer legal studies. It is not part of a fantastical yet to be realized future. It is found in the oft-cited works of Francisco Valdes,1 Carl Stychin,2 Kendall Thomas,3 and Janet Halley.4 But, there is so much more. And it exists independently of what might be called LGBT legal studies. I begin with the assertion that queer legal theory exists because many who write queer legal theory begin with a counter-assertion—that there is little or no queer legal scholarship.5 The claim is puzzling. My discomfort with the claim is perhaps based in unrequited love, as I would locate my own work for the last two decades within the tradition of queer legal studies. Professor of Law, University of Toronto. I am indebted to Joseph Fischel for his generous and razor sharp engagement with this essay. 1 Francisco Valdes, Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of “Sex,” “Gender,” and “Sexual Orientation” in Euro-American Law and Society, 83 Cal. -
Rights As Signals
RIGHTS AS SIGNALS DANIEL A. FARBER* ABSTRACT Because rights operate as trumps over normal governmental interests, they have an inherent cost. Consequently, by entrenching protection for human rights, govern- ments can signal a willingness to give up power in the short term to obtain long- term benefits. Investors can infer from this that the government has a low discount rate and is less likely to pose a threat of expropriation. Similarly, when courts vig- orously enforce human rights, they dramatize their judicial independence, which is valuable to investors, who themselves may have no interest in human rights. Thus, human rights enforcement may help encourage investment and thereby indirectly foster economic growth. I. INTRODUCTION CAN developing countries afford human rights and the rule of law? Perhaps not, according to Richard Posner. Posner advises poorer countries against "creating a first-class judiciary or an extensive system of civil liberties."' Although he is by no means opposed to judicial independence and human rights, he argues that they should largely await economic growth.2 From this point of view, the dramatic recent expansion of constitutionalism is a bit perplexing, if not a mistake. Posner's argument can be challenged on several grounds. Although he minimizes the importance of an independent judiciary to development,' the current consensus among economists is apparently to the contrary.' Some * McKnight Presidential Professor of Public Law, Henry J. Fletcher Professor of Law, and Associate Dean for Faculty and Research, University of Minnesota. Thanks to Jim Chen, David McGowan, Eric Posner, and Tom Ulen for helpful comments. 'Richard A. Posner, Creating a Legal Framework for Economic Development, 13 World Bank Research Observer 1, 9 (1998). -
Behavioral Insights from Across the Pond: How Nudging Tools from the U.K
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Boston University Institutional Repository (OpenBU) Boston University OpenBU http://open.bu.edu Theses & Dissertations Boston University Theses & Dissertations 2015 Behavioral insights from across the pond: how nudging tools from the U.K. won't help reduce obesity In the U.S. https://hdl.handle.net/2144/15717 Boston University BOSTON UNIVERSITY GRADUATE SCHOOL OF ARTS AND SCIENCES THESIS BEHAVIORAL INSIGHTS FROM ACROSS THE POND: HOW NUDGING TOOLS FROM THE U.K. WON’T HELP REDUCE OBESITY IN THE U.S. by ALISON M. DORSI B.A., Boston University, 2015 M.A., Boston University, 2015 Submitted in partial fulfillment of the requirements for the degree of Master of Arts 2015 © Copyright by ALISON M. DORSI 2015 Approved By First Reader ______________________________________________ Graham Wilson, Ph.D. Professor of Political Science Second Reader ______________________________________________ Douglas Kriner, Ph.D. Associate Professor of Political Science To my Mother and Father iv BEHAVIORAL INSIGHTS FROM ACROSS THE POND: HOW NUDGING TOOLS FROM THE U.K. WON’T HELP REDUCE OBESITY IN THE U.S. ALISON M. DORSI ABSTRACT Obesity has become a major issue in advanced societies having serious impacts on various social as well as economic levels. In addition to the personal costs of obesity leading to serious and chronic diseases, obesity projects additional burdens upon society including lack of productivity, often resulting in increased dependence on governmental benefits, as well as increasing health care costs, most of which are paid for by taxes. This phenomenon has become especially prevalent in the United States and the United Kingdom, with both countries attempting to reduce obesity levels with programs that utilize varying levels of paternalism. -
Valuing Modern Contract Scholarship
Responses Valuing Modern Contract Scholarship Ian Ayrest I. INTRODUCTION Eric Posner has written a thoughtful and provocative indictment of the modem economic analysis of contracts. His essay makes two central claims1 about the failings of scholars "to produce an 'economic theory.' Specifically, Posner claims that the economic approach "does not explain the current system of contract law" and that it does not "provide a solid basis for criticizing and reforming contract law."2 In other words, Posner claims that modem scholarship fails as either a descriptive or a normative theory, in that it fails to give an account of what current law is or what efficient law should be. The descriptive criticism deserves only brief comment. Although he claims that modem scholarship has failed to achieve "what its proponents set out as the measure of success, ' 3 Posner sadly distorts reality by claiming that the leading scholars have been engaged in an attempt to use economic theory to predict the content of current legal rules. This is a straw man. Of course, decades ago this was the project of Richard Posner. 4 But the thought that efficiency analysis would provide a mechanism to predict the details of current doctrine is a serious misreading of the aims of modem scholarship. t William K. Townsend Professor, Yale Law School, [email protected]. Alan Schwartz provided helpful comments. 1. Eric A. Posner, Economic Analysis of Contract Law After Three Decades: Success or Failure?,112 YALE L.J. 829, 830 (2003). 2. Id. 3. Id.at 879; see also id, at 831 ("[Tjhe original aspiration[] of the economic analysis of contract law [was] to provide an explanation of existing legal rules ...."). -
The Socratic Method in the Age of Trauma
THE SOCRATIC METHOD IN THE AGE OF TRAUMA Jeannie Suk Gersen When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an audience. But even in my childhood ambitions of life on stage, no desire of mine involved speaking. My Korean immigrant family prized reading and the arts, but not oral expression or verbal assertiveness — perhaps even less so for girls. Education was the highest familial value, but a posture of learning anything worthwhile seemed to go together with not speak- ing. My incipient tendency to raise questions and arguments was treated as disrespect or hubris, to be stamped out, sometimes through punish- ment. As a result, and surely also due to natural shyness, I had an almost mute relation to the world. It was 1L year at Harvard Law School that changed my default mode from “silent” to “speak.” Having always been a student who said nothing and preferred a library to a classroom, I was terrified and scandalized as professors called on classmates daily to engage in back-and-forth dia- logues of reasons and arguments in response to questions, on subjects of which we knew little and on which we had no business expounding. What happened as I repeatedly faced my unwelcome turn, heard my voice, and got through with many stumbles was a revelation that changed my life. A light switched on. Soon, I was even volunteering to engage in this dialogue, and I was thinking more intensely, independently, and enjoyably than I ever had before.