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88 Tul. L. Rev. 75 (2013-2014)

handle is hein.journals/tulr88 and id is 87 raw text is: Micropatemalism David Adam Friedman* In thisAnicle, Ihave created a theory of 'micropatemaKsm to captum the essence of a unique ragulatory dynamic As I define it micopaternahsm describes when policy makers patemahstically regulate a nanvw area, thereby provoking public debate about the underlymg controveisial issues addressed by the regulation. The loss of autonomy even in a narrow zone, can instigate a broad-ranging discussion that ultimately influences socialnorms. For example, Mayor Michael Bloombergh attempt to limit the portion sizes of sugary- drink servngs in New York City started a legal fight and a loud social fight about public health andpatemahsm. The New York City Board ofHealth enacteda code that covered an extremely narrow piece of the obesity problem, but the public debate took place on a big stage. Discussions about obesity as apublichealth problem leapt frm the policy spher to the popular sphere. In the long run, the dialogue may have more ofan impact on public attitudes andprivate behavior than the actual regultion-a regulation that may not even prove enforceable. By putting the issue before the public and raising awareness, the debate about overconsumption couldresetnorms. I. INTRODUCTION. .......................................76 II. SITUATING MICROPATERNALISM ..................... 82 A. Micropaternalism, Macropaternalism, and Bounded Rationaity. ..................... . .......... 83 B. Distinguishing Micropaternahsm from Sof Paternalism. ............................... 89 III. THE POWER BEHIND MICROPATERNALISM ........ ..........90 A. The Spectrum ofPaternalistic Intervention .......... 91 B. Situating Micropaternalistic Interventions.. ...........92 1. Libertarian/A-Paternalistic Approaches..............93 2. Debiasing Approaches ..................... 94 a. Mandating Disclosure................95 b. Deploying Narratives.................97 3. Insulation Strategies..................... 101 4. Outright Bans and Mandates .......... ..... 104 C Micropaternalism and Social Norms .... ............. 107 IV MICROPATERNALISM APPLIED: SUGARY-DRINK SIZES ............... 109 A. The Local, NarrowInitiative......... ................. 109 * C 2013 David Adam Friedman. Associate Professor of Law, Willamette University. B.A., J.D., Yale University. Thank you to Paul Diller for sharing his observations about the intersection of obesity regulation and local government. I owe a debt of gratitude to Laura Appleman for her feedback. Thank you also to Willamette University College of Law for research support. 75

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