THE BRIEF
the most important to learn, above more formal types of com-
“Whether or not we notice them, default rules are omnipresent,”
munications, such as memo writing and oral arguments. Based on this feedback, informal communications skills will be intensively taught in the new course being developed for next
says Su nste i n.
fall. “We want to train our graduates to solve increasingly complex problems in more complex situations,” Barrett said. Added Jo-Ann Verrier L’83, vice dean for administrative services: “We want to make sure students are equipped with a skill set that makes them practice-ready. The legal profession is changing and students have to own their professional development.” Barrett said the Legal Practice Skills curriculum will be mandatory for first-year students. The skills training will include extensive, individualized feedback and will offer practice simulations and in-depth critiques of written work. Substantively, she said, the course will continue to focus on legal research, analysis, and writing, introduce basic fact-development, negotiation and contract-drafting skills, and incorporate informal communication skills training. The course will be holistic. “We want to teach students to understand the goals of the assignments and how they are connected, rather than viewing each assignment as a discrete task,” Barrett said. The program will also emphasize that the development of legal and professional skills is a career-long responsibility.
tion Seminar Series, organized by the Penn Program on Regulation. There are two types of default rules guiding, or some might say, nudging consumer behavior: impersonal default rules, such as the organ donor example, and personalized default rules, in which countries or companies customize options to meet the needs of individuals or groups. An alternative to default rules is something Sunstein called active choosing, in which people are required to make their own decisions.
And like it or not, these rules are here to stay.
“Whether or not we notice them, default rules are omnipres-
ent,” Sunstein said. “They establish settings for many activities and goods, including cell phones, rental car agreements, computers, savings plans, health insurance and energy use. In part, because of the power of inertia, default rules tend to stick.”
Because default rules and active choosing all have advantages
and disadvantages, Sunstein’s descriptions of each had an onthe-one-hand-on-the-other-hand flavor. For example, impersonal default rules establish settings for cell phones and savings plans, and websites, among many other goods and activities.
Sunstein Provides Method to the Madness of Decision-Making In Germany, about 12 percent of the population consent to organ donation. In Austria, the rate is 99.9 percent. The dramatic difference doesn’t stem from cultural differences or extraordinarily effective education campaigns in Austria. Instead, it’s the law in Austria, based on a concept known as the default rule. “In Austria, consent is presumed, subject to opt out. In Germany, consent is not presumed, and people have to opt in,” said Cass R. Sunstein, the Felix Frankfurter Professor of Law at Harvard Law School. Sunstein visited Penn Law School in January to speak about defaults and behavioral economics as part of the Risk Regula-
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