American - Lawyer | September 21, 1954 -
There's a big difference between the role of an academic and the role of someone in government. That's a cliche, but in academic life if you say things that are common sense and people nod their heads, it's not very useful. You're not adding anything.
Cass Sunstein
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When I was an academic, I'd sometimes get a little feeling of excitement when I had an idea that was, I hoped, fresh. And whether anyone should act on that idea is a very different question.
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We ought to ban hunting, I suggest, if there isn't a purpose other than sport and fun. That should be against the law. It's time now.
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Democrats want to use government power to make people's lives go better; Republicans respond that people know more than politicians do. We think that both might be able to agree that nudging can maintain free markets, and liberty, while also inclining people in good directions.
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If I may discuss the idea of explosion. The number of regulations issued in the last two years is approximately the same as the number issued in the last two years of the Bush administration.
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If there's a regulation that's saving 10,000 lives and costing one job, it's worth it.
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Donald Trump promises to impose, soon after his inauguration, a new requirement on federal agencies: If they want to issue a new regulation, they have to rescind two regulations that are now on the books. The idea of 'one in, two out' has rhetorical appeal, but it's going to be extremely hard to pull off.
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As presidents from Ronald Reagan to Barack Obama have recognized, the real question is whether regulations, whether new or old, are justified. That requires a careful analysis of their costs and their benefits.
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Here's a more controversial idea: In general, Democrats and progressives ought to allow Trump considerable room to choose his own employees - far more room than Republicans allowed during the Obama administration. Tit-for-tat is a dangerous game.
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Employers, like most people, tend to trust their intuitions. But when employers decide whom to hire, they trust those intuitions far more than they should.
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Interviewers actively fool themselves, finding ways to learn from interviews even if there's actually nothing there to learn from.
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If interviewers are prejudiced against women or Hispanics, for example, a face-to-face interview will predictably result in discrimination. Reliance on tests, or on actual or past performance, can promote equality.
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