Studies of legal publications conducted in 2014 identified Cass Sunstein as the most frequently cited American legal scholar by a significant margin. His career spans several disciplines, including constitutional law, administrative law, and behavioral economics, bridging the gap between theoretical jurisprudence and practical policy application within the United States legal and political systems.
Early Education and Legal Training
Born in 1954 in Concord, Sunstein attended the Middlesex School before entering Harvard College. During his undergraduate years, he contributed to the Harvard Lampoon and competed on the varsity men's squash team. He graduated magna cum laude in 1975. He continued his education at Harvard Law School, where he served as an executive editor for the Harvard Civil Rights–Civil Liberties Law Review. Upon graduating with his Juris Doctor in 1978, he pursued prestigious clerkships, serving Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and later Justice Thurgood Marshall of the U.S. Supreme Court.
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Sunstein began his faculty career in 1981 at the University of Chicago Law School, where he taught for over two decades. His research focused on administrative law, environmental law, and the interdisciplinary study of law and economics. By 1988, he held the position of Karl N. Llewellyn Professor of Jurisprudence. In 2008, he moved to Harvard University, where he became the Robert Walmsley University Professor and assumed the directorship of the Program on Risk Regulation. His teaching curriculum frequently included the foundational first-year course on legal reasoning.
Policy and Public Service
In 2009, Sunstein entered public service as the administrator of the White House Office of Information and Regulatory Affairs (OIRA) during the Obama administration. His appointment followed a contentious Senate confirmation process, resulting in a 57–40 vote in favor of his nomination. He held this regulatory oversight role until 2012, applying his background in behavioral economics to federal rule-making processes.
Research and Authorship
Sunstein has authored numerous books exploring the intersection of legal theory and human behavior. His collaboration with Richard Thaler on Nudge (2008) examined how organizational structures influence individual decision-making. His earlier work, Republic.com (2001), introduced the concept of cyberbalkanization, warning that digital isolation could diminish democratic participation. Additionally, he has written on the Second Bill of Rights, advocating for economic protections such as health care and education access as articulated by Franklin D. Roosevelt.
Fast facts
- Born: 1954, Concord
- Citizenship: United States
- Education: Harvard College, Harvard Law School
- Notable Award: Holberg International Memorial Prize (2018)
- White House Role: Administrator of OIRA (2009–2012)
- Academic Home: Harvard University
- Key Publication: Nudge (2008)
Questions readers ask
What is the primary focus of Sunstein's work in behavioral economics?
He researches how routine human biases affect decision-making and how public or private organizations can structure choices to improve outcomes.
What is the concept of cyberbalkanization as defined by Sunstein?
It describes the tendency of citizens to isolate themselves into online groups sharing identical viewpoints, thereby avoiding information that challenges their beliefs.
Achievements
- Holberg International Memorial Prize — 2018
- Goldsmith Book Prize
- Held posts at Harvard University and University of Chicago
- Fields: jurisprudence, constitutional law and administrative law
