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The economic analysis of law has had many good ideas. It’s had one great idea -like, world-transforming idea, I think. And the idea is, when you’re stuck, minimize the sum of the costs of decisions and the costs of errors.

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Cass Sunstein

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When it imposes expensive regulatory mandates on the private sector, Congress often acts on the basis of interest-group pressures, anecdotes, and the emotions of the moment. The executive branch is hardly perfect, but it is far less likely to do that.

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Many Americans abhor paternalism. They think that people should be able to go their own way, even if they end up in a ditch. When they run risks, even foolish ones, it isn’t anybody’s business that they do.

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April 25, 2024

Many Americans abhor paternalism. They think that people should be able to go their own way, even if they end up in a ditch. When they run risks, even foolish ones, it isn’t anybody’s business that they do.

Previous

April 25, 2024

When it imposes expensive regulatory mandates on the private sector, Congress often acts on the basis of interest-group pressures, anecdotes, and the emotions of the moment. The executive branch is hardly perfect, but it is far less likely to do that.

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