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Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Marquette Law Review
Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.