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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Public law. Constitutional law --- Legal theory and methods. Philosophy of law --- United States --- Constitutional law --- Interpretation and construction --- Constitutional law - United States --- Etats-Unis --- United States of America

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What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today.

Risk perception. --- Fear --- Precautionary principle. --- Civil rights. --- Social aspects. --- Social Sciences --- Political Science --- Fear - Social aspects. --- Awareness, Risk --- Risk awareness --- Perception --- Basic rights --- Civil liberties --- Civil rights --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Human rights --- Political persecution --- Precautionary approach --- Environmental law --- Environmental risk assessment --- Law and legislation --- Principe de précaution --- Perception du risque --- Peur --- DROITS CIVILS --- aspects sociaux

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This Palgrave Pivot offers comprehensive evidence about what people actually think of “nudge” policies designed to steer decision makers’ choices in positive directions. The data reveal that people in diverse nations generally favor nudges by strong majorities, with a preference for educative efforts – such as calorie labels - that equip individuals to make the best decisions for their own lives. On the other hand, there are significant arguments for noneducational nudges – such as automatic enrollment in savings plans - as they allow people to devote their scarce time and attention to their most pressing concerns.    The decision to use either educative or noneducative nudges raises fundamental questions about human freedom in both theory and practice. Sunstein's findings and analysis offer lessons for those involved in law and policy who are choosing which method to support as the most effective way to encourage lifestyle changes.

Behavioral economics. --- Public finance. --- Economics. --- Behavioral/Experimental Economics. --- Public Economics. --- Economics --- Organizational behavior. --- Social sciences. --- Psychological aspects. --- Behavioral sciences --- Human sciences --- Sciences, Social --- Social science --- Social studies --- Behavior in organizations --- Behavioral economics --- Behavioural economics --- Management --- Organization --- Psychology, Industrial --- Social psychology --- Civilization --- Cameralistics --- Public finance --- Currency question --- Public finances --- Economics - Psychological aspects --- Choice (Psychology)

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Control (Psychology) --- Information society --- Internet --- 695 Communicatie --- Sociology --- Information superhighway --- Power (Psychology) --- Emotions --- Psychology --- Senses and sensation --- Political aspects --- Social aspects --- Political sociology --- Computer architecture. Operating systems

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Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of

Exemplary damages --- Jury --- Judgments by peers --- Juries --- Trial by jury --- Trial by peers --- Trials --- Law and fact --- Lay judges --- Decision making. --- Law and legislation --- United States --- punishment, united states, usa, america, american, college, university, textbook, verdict, civil, trial, judge, ury, judicial, lawsuit, class action, auto, bmw, manufacturer, manufacturing, automobile, controversy, environment, data, experiment, psychology, behavior, analysis, plaintiff, corporate, risk, corporation, juror, jury, assessment.