After the Rights Revolution
Reconceiving the Regulatory State
By (author) Cass R. Sunstein
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After the Rights Revolution by Cass R. Sunstein
Book DescriptionIn the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments.Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets.Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
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Book DetailsISBN: 9780674009097
(235mm x 155mm x 16mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 5-Oct-1993
Country of Publication: United States
Books By Author Cass R. Sunstein
Nudging Health, Paperback (December 2016)
Zamzow, Richard J. Zeckhauser
Ethics of Influence, Hardback (August 2016)
In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.
World According to Star Wars, Hardback (June 2016)
"A ... celebration of George Lucas's masterpiece as it relates to history, presidential politics, law, economics, fatherhood, and culture by Harvard legal scholar and former White House regulatory czar [Cass R. Sunstein]"--
Constitutional Personae, Hardback (October 2015)» View all books by Cass R. Sunstein
In this groundbreaking book, eminent legal scholar Cass Sunstein argues that in every era, constitutional debates are, in fact, contests between four different types of 'Constitutional Personae' - Heroes, Soldiers, Minimalists, and Mutes.
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Author Biography - Cass R. Sunstein
Cass R. Sunstein is Felix Frankfurter Professor of Law at Harvard University.
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