The Yale Law Journal

Cass R. Sunstein


Financial Regulation and Cost-Benefit Analysis

Cass R. Sunstein

I. what government doesn’t know Cost-benefit analysis is best understood as a way for agencies to ensure that their decisions are informed—that they are based on knowledge about likely consequences, rather than on dogmas, intuitions, hunches, or interest-group pressures.1 But when agen…


The Storrs Lectures: Behavioral Economics and Paternalism

Cass R. Sunstein

122 Yale L.J. 1826 (2013).

A growing body of evidence demonstrates that in some contexts and for identifiable reasons, people make choices that are not in their interest, even when the stakes are high. Policymakers in a number of nations, including the United States and the United Kingdom, have used …


Chevronizing Foreign Relations Law

Eric A. Posner & Cass R. Sunstein

116 Yale L.J. 1170 (2007)

A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to appl…


A Debate Between Peter Strauss and Cass Sunstein

Peter L. Strauss & Cass R. Sunstein

In Beyond Marbury: The Executive’s Power To Say What the Law Is, 115 Yale L.J. 2580 (2006), Professor Cass Sunstein argues that Chevron is the Marbury v. Madison of our age, and that it is now the province of the executive branch to "say what the law is." Professor Peter Strauss responds that Chev…


Beyond Marbury: The Executive's Power To Say What the Law Is

Cass R. Sunstein

115 Yale L.J. 2580 (2006)

Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But in the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron, U.S.A., Inc. v. Natural R…


Justice Breyer's Democratic Pragmatism

Cass R. Sunstein

115 Yale L.J. 1719 (2006)

As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer emphasized that regulatory problems were "mismatched" t…


Probability Neglect: Emotions, Worst Cases, and Law

Cass R. Sunstein

112 Yale L.J. 61 (2002)

In this Essay, my central claim has been that the probability of harm is often neglected when people's emotions are activated, especially if people are thinking about the worst-case scenario. If that scenario is vivid and easy to visualize, large-scale changes in thought and b…


Deliberative Trouble? Why Groups Go to Extremes

Cass R. Sunstein

110 Yale L.J. 71 (2000)

In this Essay, I have discussed the phenomenon of group polarization and explored some of its implications for deliberation generally and deliberative democracy in particular. The central empirical finding is that group discussion is likely to shift judgments toward a more ext…