While I have a host of policy disagreements with Cass Sunstein (who currently is a law professor at Harvard and formerly was chosen by President Obama to head up the Office of Information and Regulatory Affairs), the fact of the matter is that Sunstein is a superb scholar. I once even urged President Obama to nominate him for the Supreme Court, and in similar circumstances, I would have no hesitation in making the same recommendation.
With that as my prelude, I am going to urge people to read Sunstein's latest article, courtesy of Larry Solum. Yes, I know that this is legal geekery, but it is very good legal geekery. Be sure to read it--and be especially sure to take the time to read it today.