After The Rights Revolution: Reconceiving The Regulatory State

In the twentieth century, American society experienced a rights revolution, involving a commitment from the national government to promote rights such as a healthy environment, safe products, and freedom from discrimination. Cass Sunstein discusses how to interpret and reform the regulatory state to enhance freedom and welfare while adhering to constitutional principles. He defends government regulation against free-market critiques, emphasizing its superiority over private enterprise in areas like clean air, safe workplaces, and anti-discrimination. Sunstein proposes a theory of interpretation for courts and agencies to ensure constitutional goals are met and suggests reforms that balance government intervention with private market productivity.