More on “soft” paternalism is a post from Overlawyered - Chronicling the high cost of our legal system

I’ve done a new Cato podcast with interviewer Caleb Brown discussing Cass Sunstein’s attempts (channeling the behavioral economics literature) to distinguish a softer, less threatening “paternalism of means” from a bossy, intrusive “paternalism of ends.” I don’t think the distinction really works in practice, but as usual with Sunstein’s work, it’s at least worth hearing out. I go on to recommend the work of Joshua Wright and Douglas Ginsburg challenging the new behavioral economics, and suggest that while the scholars of the behavioral economics school do make some headway in showing that private choice is fallible and mistake-ridden, they are less successful at showing that trained experts can improve on these choices without touching off new unintended consequences.

A nudge too far: “Proposed soda ban likely to backfire” is a post from Overlawyered - Chronicling the high cost of our legal system

P.S. Much more from Richard Epstein at Hoover “Defining Ideas” (“Reform? What Reform?”).

Obama’s reluctant deregulation, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

Whatever happened to Cass Sunstein? is a post from Overlawyered - Chronicling the high cost of our legal system

Letting lawyers sue on behalf of animals? is a post from Overlawyered - Chronicling the high cost of our legal system

Senate confirms Cass Sunstein is a post from Overlawyered - Chronicling the high cost of our legal system

“Chambliss blocks regulatory pick over animal lawsuits” is a post from Overlawyered - Chronicling the high cost of our legal system