Cass Sunstein

Various and Sundry Ruminations

Cass Sunstein

neil54
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Joined: 26 May 2009, 05:56

28 Sep 2017, 21:55 #1

Sunstein saw this transformation as a product of “the liberal republicanism of American constitutional thought,” which views the political process “as a deliberative effort to promote the common good.” In the conception of republicanism designed by James Madison and reflected in the Constitution, he wrote, “the system of checks and balances provided a serious obstacle to national regulation.” As a result, “the vast majority of regulatory functions were undertaken by the common law courts” in the states, in lawsuits about contract, property, and tort (wrongful acts) disputes, public as well as private.
http://harvardmagazine.com/2015/01/the-legal-olympian
even a blind pig can find an acorn now and then ...
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