Pub. Date:
Harvard University Press
After the Rights Revolution: Reconceiving the Regulatory State

After the Rights Revolution: Reconceiving the Regulatory State

by Cass R. Sunstein


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Product Details

ISBN-13: 9780674009080
Publisher: Harvard University Press
Publication date: 09/26/1990
Pages: 296
Product dimensions: 6.39(w) x 9.57(h) x 0.97(d)

About the Author

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard, where he is founder and director of the Program on Behavioral Economics and Public Policy. He is the most cited law professor in the United States and probably the world. He has served as Administrator of the White House Office of Information and Regulatory Affairs and as a member of the President’s Review Group on Intelligence and Communications Technologies. Winner of the 2018 Holberg Prize, Sunstein is a columnist for Bloomberg View and a frequent adviser to governments all over the world. His many books include the bestseller Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler), Simpler: The Future of Government, and

Table of Contents


Regulation and Interpretation

The Anachronistic Legal Culture

1. Why Regulation?

A Historical Overview

Public and Private Ordering

2. The Functions of Regulatory Statutes

Market Failures

Public-Interested Redistribution

Collective Desires and Aspirations

Diverse Experiences and Preference Formation

Social Subordination Endogenous Preferences

Irreversibility, Future Generations, Animals, and Nature

Interest-Group Transfers and "Rent-Seeking"

The Problem of Categorization

3. How Regulation Fails

Failures in the Original Statute

Implementation Failure

Linking Statutory Function to Statutory Failure

Paradoxes of the Regulatory State—and Reform

4. Courts, Interpretation, and Norms

Flawed Approaches to Statutory Interpretation

Interpretive Principles

An Alternative Method

5. Interpretive Principles for the Regulatory State

The Principles

Priority and Harmonization

Fissures in the Interpretive Community

The Postcanonical Legal Universe

6. Applications, the New Deal, and Statutory Construction


The New Deal and Statutory Construction


The Constitution of the Regulatory State—and Its Reform

Interpreting the Regulatory State

Appendix A. Interpretive Principles

Appendix B. Selected Regulations in Terms of Cost Per Life Saved

Appendix C. The Growth of Administrative Government



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