Worst Case Scenarios: A Discussion with Cass Sunstein

Speaker Bios

Cass R. Sunstein graduated in 1975 from Harvard College and in 1978 from Harvard Law School magna cum laude. After graduation, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the U.S. Supreme Court. Before joining the faculty of the University of Chicago Law School, he worked as an attorney-advisor in the Office of the Legal Counsel of the U.S. Department of Justice. Mr. Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations, including Ukraine, Poland, China, South Africa, and Russia. A member of the American Academy of Arts and Sciences, Mr. Sunstein has been Samuel Rubin Visiting Professor of Law at Columbia, visiting professor of law at Harvard, vice-chair of the ABA Committee on Separation of Powers and Governmental Organizations, chair of the Administrative Law Section of the Association of American Law Schools, a member of the ABA Committee on the future of the FTC, and a member of the President’s Advisory Committee on the Public Service Obligations of Digital Television Broadcasters.

Mr. Sunstein is a member of the Department of Political Science as well as the Law School. He is author of many articles and a number of books, including After the Rights Revolution: Reconceiving the Regulatory State (1990), Constitutional Law (co-authored with Geoffrey Stone, Louis M. Seidman, and Mark Tushnet) (1995), The Partial Constitution (1993), Democracy and the Problem of Free Speech (1993), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), Administrative Law and Regulatory Policy (1998) (with Justice Stephen Breyer and Professor Richard Stewart and Matthew Spitzer), One Case At A Time (1999), Behavioral Law and Economics (editor, 2000), Designing Democracy: What Constitutions Do (2001), Republic.com (2001), Risk and Reason (2002), The Cost-Benefit State (2002), Punitive Damages: How Juries Decide (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), and Laws of Fear: Beyond the Precautionary Principle (2005). He is now working on various projects involving the relationship between law and human behavior.

MODERATOR

Stephen Holmes is a Faculty Research Advisor at the Center on Law and Security and the Walter E. Meyer Professor of Law at NYU School of Law. His fields of specialization include the history of liberalism, the disappointments of democratization after communism, and the difficulty of combating terrorism within the limits of liberal constitutionalism. In 2003, he was selected as a Carnegie Scholar. From 1997 to 2000, he was a professor of politics at Princeton. From 1985 to 1997, he was professor of politics and law at the Law School and Political Science Department of the University of Chicago. From 1979 to 1985, he taught at the Department of Government at Harvard University. He was also the editor-in-chief of the East European Constitutional Review from 1993-2003. He is the author of Benjamin Constant and the Making of Modern Liberalism (Yale University Press, 1984), The Anatomy of Antiliberalism (Harvard University Press, 1993), Passions and Constraint: On the Theory of Liberal Democracy (University of Chicago Press, 1995), and co-author (with Cass Sunstein) of The Cost of Rights: Why Liberty Depends on Taxes (Norton, 1999). His most recent book, The Matador’s Cape: America’s Reckless Response to the War on Terror was published in spring 2007.