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A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein

12 Pages Posted: 26 Jun 2008 Last revised: 13 Aug 2008

Adrian Vermeule

Harvard Law School

Date Written: June 23, 2008

Abstract

A central, organizing motif of Cass Sunstein's work is the effort to spell out the consequences of the New Deal for American law. I suggest that anyone who shares Sunstein's premises can and should go even farther in this direction. The logical consequence of Sunstein's views is a New Deal for all civil liberties and personal liberties. Criminal law and procedure, and cases growing out of the Global War on Terror, should be approached through New Deal lenses. All civil and personal liberties will ultimately have to justify themselves at the bar of cost-benefit analysis. This essay is prepared for a symposium on "The Scholarship of Cass R. Sunstein" to be published by the Tulsa Law Review.

Suggested Citation

Vermeule, Adrian, A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein (June 23, 2008). Tulsa Law Review, Forthcoming; Harvard Public Law Working Paper No. 08-13. Available at SSRN: https://ssrn.com/abstract=1150260

Adrian Vermeule (Contact Author)

Harvard Law School ( email )

1525 Massachusetts
Griswold 500
Cambridge, MA 02138
United States

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