Nudging the Neoliberal Agenda: Administrative Opportunities in the Deregulated State

The current climate of neoliberalism in the executive branch is attended by active deregulation and distrust of the administrative state. As protections are rolled back, there is concern that individuals may be susceptible to information asymmetries that will influence their decision making, leading to detrimental outcomes for both their own and the general welfare. Behavioral public administration—the bureaucratic conception of “nudge” theory—offers ways to counter the pitfalls that come with greater freedom of choice, as promoted by the neoliberal agenda. Public administrators may employ alternative mechanisms, such as choice architecture, to help people make better decisions in the absence of explicitly protective regulations. After laying out the argument for a behavioral approach, this article analyzes several neoliberal agenda issues with potential nudge responses for practical implementation, as well as a justifiable call for action to protect the public welfare in the absence of policy guidance.