Cass Sunstein "Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America" (2005), "Are Judges Political? An Empirical Analysis of the Federal Judiciary" (2005), "Infotopia: How Many Minds Produce Knowledge" (2006), and, co-authored with Richard Thaler, "Nudge: Improving Decisions about Health, Wealth, and Happiness" (2008). Sunstein's 2006 book, "Infotopia: How Many Minds Produce Knowledge", explores methods for aggregating information; it contains discussions of prediction markets, open-source software, and wikis. Sunstein's 2004 book, "The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever", advocates the Second Bill of Rights proposed by Franklin D. Roosevelt. Among these
Cass Sunstein counsels thinkers/academics/politicians to embrace the findings of behavioral economics as applied to law, maintaining freedom of choice while also steering people's decisions in directions that will make their lives go better. With Thaler, he coined the term "choice architect." In 2002, at the height of controversy over Bush's creation of military commissions without Congressional approval, Sunstein stepped forward to insist, "Under existing law, President George W. Bush has the legal authority to use military commissions" and that "President Bush's choice stands on firm legal ground." Sunstein scorned as "ludicrous" an argument from law professor George P. Fletcher, who believed that