Reply to Lincoln Caplan’s Profile of Law Professor Cass Sunstein, 'The Legal Olympian'

Abstract

The Harvard faculty of every era represent the reactionary establishment, and no one embodies that principle better than Cass Sunstein (“The Legal Olympian,” January-February, page 43). Cass Sunstein’s America is a land of moral death with no virtue, no beauty, no charity, and no liberty. The young Harvard students of our era shouldn’t despair when they survey that landscape, however, because Sunstein has inadvertently given them a gift: a great cause that will summon forth their best talents and require them ever bravely to live. That great cause is the long generational struggle to consign Cass Sunstein’s inhuman regulatory state to its rightful place on the ash heap of history.

Keywords: Cass Sunstein, Harvard University, administrative law, behavioral economics, constitution, liberty, paternalism, regulatory state, republicanism, tyranny, virtue

JEL Classification: H11, L50