Michigan Law Review Volume 108 | Issue 6 2010 Nudge, Choice Architecture, and Libertarian Paternalism Pierre Schlag University of Colorado Follow this and additional works at: http://repository.law.umich.edu/mlr Part of the Administrative Law Commons, Law and Economics Commons, Law and Society Commons, and the Legal Writing and Research Commons Recommended Citation Pierre Schlag, Nudge, Choice Architecture, and Libertarian Paternalism, 108 Mich. L. Rev. 913 (2010). Available at: http://repository.law.umich.edu/mlr/vol108/iss6/5 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. NUDGE, CHOICE ARCHITECTURE, AND LIBERTARIAN PATERNALISMt Pierre Schlag* NUDGE: IMPROVING DECISIONS ABOUT HEALTH, WEALTH AND HAPPINESS. By Richard H. Thaler & Cass R. Sunstein. New Haven and London: Yale University Press. 2008. Pp. x, 282. $26. INTRODUCTION By all external appearances, Nudge is a single book-two covers, a sin- gle spine, one title. But put these deceptive appearances aside, read the thing, and you will actually find two books-Book One and Book Two. Book One begins with the behavioral economist's view that sometimes individuals are not the best judges of their own welfare. Indeed, given the propensity of human beings for cognitive errors (e.g., the availability bias) and the complexity of decisions that need to be made (e.g., choosing pre- scription plans), individuals often make mistakes.