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Sunstein shows that organizations and nations are far more likely to prosper if they welcome dissent and promote openness. Attacking "political correctness" in all forms, Sunstein demonstrates that corporations, legislatures, even presidents are likely to blunder if they do not cultivate a culture of candor and disclosure.

The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country to seriously consider returning to a traditional American judicial-legislative balance in which courts enlarge the common law and decide when a rule of law has seen its day and should be revised.