Whether Lebron James has fans might affect the sales of his jersey, but it doesn't affect his stats. It doesn't affect the scoreboard. In some sense, it doesn't matter if Lebron James has fans because he is still, objectively, a great basketball player.
But it does matter whether William Blake has fans. He might have been just some cooky, idiosyncratic guy whose poems and art would have faded from history if each generation did not find some passionate admirers to champion his work - guys like Wordsworth, Northrop Frye, Alan Ginsberg, and Harold Bloom. And those guys, too, are only relevant because they have fans. In the contest of ideas, you either have fans or you don't exist.
That's why I make no bones about being a Richard Epstein fan. I think he is the Aristotle of our age, the Lebron James of thinkers. He puts up intellectual three-pointers like it ain't no thing, yet in the debates of our day he is a virtually unknown player. Epstein is doing his job. He needs more fans out there lobbying for him. So, this blog is me lobbying for The Smartest Person Alive. If you're an Epstein fan, too, then do your friends a favor by inviting them to subscribe to this podcast: http://ricochet.com/podcasts/law-talk
Thursday, December 27, 2012
Wednesday, December 26, 2012
Ricochet Subscription
This Christmas I bought myself a subscription to ricochet.com because I want them to keep making podcasts with Richard Epstein!
Wednesday, December 19, 2012
Richard Epstein and John Yoo Podcast
I don't know how I missed the regular podcast from the smartest man on the planet, Richard Epstein!!! He is paired up with the also brilliant John Yoo. Check it out here: LAW TALK
Or subscribe to the podcast using this feed: http://ricochet.com/podcast/feed/law-talk
Or on iTunes: itpc://ricochet.com/podcast/feed/law-talk
Also, I'm glad to discover that this blog comes up among the top google search results for the terms "Richard Epstein" and "genius."
Or subscribe to the podcast using this feed: http://ricochet.com/podcast/feed/law-talk
Or on iTunes: itpc://ricochet.com/podcast/feed/law-talk
Also, I'm glad to discover that this blog comes up among the top google search results for the terms "Richard Epstein" and "genius."
Tuesday, December 18, 2012
Richard Epstein and John Yoo
Listening to this podcast with Richard Epstein and John Yoo: http://abovethelaw.com/2011/12/richard-epstein-and-john-yoo-on-law-school-reform/
It's about a year old, but it's one I don't think I've heard before. Epstein and Yoo have also appeared in interviews together on Uncommon Knowledge with Peter Robinson at the Hoover Institute:
It's about a year old, but it's one I don't think I've heard before. Epstein and Yoo have also appeared in interviews together on Uncommon Knowledge with Peter Robinson at the Hoover Institute:
Saturday, December 15, 2012
Richard Epstein vs Larry Tribe
I need to get on the road to a Christmas party in Tucson, but I can't stop listening to this great debate between Epstein and Tribe! EPSTEIN v. TRIBE VIDEO
As always, Epstein demonstrates that no matter how smart you are, he is smarter.
As always, Epstein demonstrates that no matter how smart you are, he is smarter.
Monday, December 10, 2012
Memo to SCOTUS: Cut the FDA Down to Size
The behemoth is not only standing between sick patients and crucial drugs, it is violating the prohibition against free speech. http://www.hoover.org/publications/defining-ideas/article/136416
The Richard Epstein Archive
The following list of articles is taken from Richard Epstein's archive at the Hoover website. I removed some where the links didn't work, but I haven't checked them all. Please let me know if you find any that don't work.
August 6, 2012 | Newsweek
Apple v. Motorola: Are There Really Too Many Patents in America?
The patent system in America is under major attack from a large number of scholars and judges who think that the way to industrial progress lies through an expanded public domain...
April 3, 2012 | Defining Ideas (Hoover Institution)
Justice Kennedy's Million Dollar Question
Can you create commerce in order to regulate it?...
March 28, 2012 | National Review Online
Government by Coercion
What Obamacare’s individual mandate and Medicaid expansion have in common...
March 15, 2012 | Forbes
Unshackle the FDA From Rules That Kill Innovation
The Obama Administration often proclaims that it works overtime to strengthen the competitive position of U.S. industry...
January 20, 2012 | San Francisco Chronicle
California ill-served by redevelopment agencies
California's real estate market is in bad shape. New construction costs are high; development is slow and the permitting process endless...[The state] is well advised not to revive local redevelopment agencies...
January 4, 2012 | Wall Street Journal
Rent Control Hits the Supreme Court
Private apartment owners should not have to fund a public welfare program...
December 8, 2011 | Washington Examiner
Why progressive policies always fail
Stagflation will continue so long as unsound regimes of taxation, public expenditure and market regulation place a hobnail boot on the throat of the American economy...
October 6, 2011 | New York Post
Dick’s debit-card dud
As of Oct. 1, the Durbin Amendment to the Dodd-Frank Act cut the permissible fees that the banks that issue debit cards can charge merchants. The “reform” will revolutionize retail banking -- for the worse...
June 7, 2011 | Wall Street Journal
ObamaCare's Next Constitutional Challenge
The Medicaid provision of the health law spells the death knell for competition among the states...
February 10, 2011 | Financial Times
Regulators take wrong path on Comcast-NBC
US regulators approved the Comcast-NBC deal subject to conditions, but the ultimate question is, why impose conditions now...?
February 6, 2011 | Chicago Tribune
Secret of Ronald Reagan's success
Ronald Reagan was a great president because he stood for what is great and enduring in the human condition...
November 6, 2010 | Financial Times
Patent Injunctions and Repeat Offenders
I have longed defended the view that strong patent rights protected by legal injunctions offers the best way to organise the patent system...Innovators are in short supply; imitators are not. The law should in these cases favour the former over the latter—for the good of us all...
September 7, 2010 | Forbes.com
Segregation and Exploitation in the Old South
The sober lessons taught by David Oshinsky's book review of Isabel Wilkerson's ''Freedom Trains...''
September 2, 2010 | Forbes.com
Let The Estate Tax Die a Merciful Death
Today’s object...is the column in the Wall Street Journal by Robert Rubin and Julian Robertson which takes the counterproductive position of advocating the return of the estate tax with a vengeance—the tax sets in at $3.5 million at a rate of 45 percent. Here are just some of the reasons why this proposal rests on the most rickety of intellectual foundations...
August 30, 2010 | Forbes.com
Our Macroeconomic Fetish
In our current unfortunate state of affairs, the regulation of the economy has become too important to entrust to economists--or more precisely to macroeconomists who pride themselves on seeing the big picture...
August 23, 2010 | Forbes.com
Eggs And Avastin
What should the FDA do? In recent weeks the Food and Drug Administration has been involved in two separate ongoing sagas, with very different implications for public health...
August 16, 2010 | Forbes.com
A Three-Point Plan For Reforming Public Employment
Defang unions, cut back on pensions and kill all federal bailouts to profligate states...
August 9, 2010 | Forbes.com
New York City Transport Workers Union Strikes Again
What the city needs is a dose of open competition for public transportation...
August 5, 2010 | Forbes.com
Kagan Sails Through The Vote
To the surprise of exactly no one, Elena Kagan, the solicitor general of the United States, was confirmed Thursday as the new Justice to the U.S. Supreme Court. Even the vote, 63-37 in her favor, tracked all of the predictions...
August 4, 2010 | Forbes.com
Same-Sex Bombshell Overturns Proposition 8
How legal tangles will generate more social strife...
August 2, 2010 | Forbes.com
The President's Four Rotten Policy Planks
High taxes, fair trade: no wonder the U.S.S. Obama rides low in the water...
July 26, 2010 | Forbes.com
The Twisted Logic Of Gender Equity
In the midst of all the current tumult over health care, banking and taxation, it is useful to return for a moment to a persistent thorn in the sides of all colleges: the gender equity requirements for athletics that emerged under Title IX of the Civil Rights Act of 1964...
July 21, 2010 | Forbes.com
Government Expands, Trust Deflates
As big government gets even bigger, the confidence that ordinary people have in its institutions grows weaker...
July 12, 2010 | Forbes.com
Judicial Offensive Against Defense Of Marriage Act
Battle over same-sex marriage requires democratic process, not the precedent set in two Massachusetts cases...
July 6, 2010 | Forbes.com
Court Wrong On The Chicago Gun Case
There is no constitutional reason the states can't limit the right to bear arms...
July 1, 2010 | Forbes.com
Seeking The Middle Ground On Immigration
Can Obama be all things to all people...?
June 28, 2010 | Forbes.com
So Much For Religious Liberty
Modern law turns a blind eye to neutral rules with a disparate impact on minority groups...
June 21, 2010 | Forbes.com
Public Safety Vs. Commercial Use
Congrats to the FCC for making one right call on spectrum priorities...
June 16, 2010 | Wall Street Journal
BP Doesn't Deserve a Liability Cap
The best way to deter future spills is to expose drillers to the full costs of any mistake and not let any company without proper insurance near an oil derrick...
June 8, 2010 | Forbes.com
David Souter's Whitewashing Of Jim Crow
How a commitment to limited government could have lessened the impact of segregation...
June 7, 2010 | Forbes.com
BP's Endless Nightmare In The Gulf
Punitive damages and criminal prosecutions will only make matters worse...
June 1, 2010 | Forbes.com
A Constitutional Parody On Habeas Corpus
Does the public interest in national security allow the U.S. to detain aliens overseas indefinitely...?
May 18, 2010 | Forbes
Terrorism And Citizenship
Untangling the constitutional web around al-Awlaki and Shahzad...
May 11, 2010 | Daily Beast
Kagan's Critics Haven't Won Their Case
It’s wrong to judge a Supreme Court nominee on one issue. And she may not be a great scholar. But so what? Libertarian Richard Epstein finds for the defendant...
May 10, 2010 | Forbes
Making Sense Of Monster Oil Spills
Why imposing tough rules on liability is a better approach than direct regulation...
May 11, 2010 | Financial Times
Finding the Right Balance on Gene Patents
Will the US Supreme Court further cut back on the scope of patent protection? That’s the question courts and commentators alike are askling as they await the Court’s decision in the Bilski case, which deals with business method patents...
May 10, 2010 | Wall Street Journal
ObamaCare's Phony Medicaid 'Deal'
The new health law unconstitutionally coerces the states...
May 3, 2010 | Forbes
Leave Goldman Alone
Just what does the public gain from three-prong federal inquisition...
April 26, 2010 | Forbes
The Goldman Gaffe
Proof that the SEC doesn't understand the markets it regulates...
April 19, 2010 | Forbes
Progressivism Remains Off Key
Exploring the movement's deep intellectual confusions...
April 10, 2010 | Forbes
The Stevens Legacy: Mixed Verdict
On most issues retiring U.S. Supreme Court Justice Stevens took the wrong path precisely because he was so committed to the progressive agenda.
April 6, 2010 | Forbes
Early Warning From Maine, Massachusetts
Last week's news out of Maine and Massachusetts offers an unappetizing foretaste of the destructive rate battles that will plague the implementation of ObamaCare at the national level.
March 30, 2010 | Forbes
March's Mortgage Madness
The FHA serves up another weak and unnecessary foreclosure plan. . . .
March 23, 2010 | Forbes
The Communitarian Curse
Many modern journalists and academics wrongly think that self-proclaimed moderates distill wisdom drawn from both sides. . . .
March 17, 2010 | Financial Times
Google In Italy: Lessons from Tobago
As a student of the Yale Law School more than 40 years ago, I audited a course in conflicts of laws taught by the Israeli academic Avigdor Levontin. . . .
March 16, 2010 | Forbes
Let's Not Kill All The Lawyers
Last week's large dust-up up over Lynne Cheney's misguided attack on the al-Qaida 9 seems to have finally subsided. . . .
March 9, 2010 | Forbes
Krugman Got It Wrong
Republicans aren't off base about unemployment, health care or the estate tax. . . .
March 2, 2010 | Forbes
No Small Ambitions
The social abyss beyond the president's health care summit. . . .
February 23, 2010 | Forbes
Justice Is Served
The misguided investigations of John Yoo and Jay Bybee are finally over. . . .
February 16, 2010 | Forbes
Total Recall
Toyota's troubles highlight cracks in product liability law. . . .
February 9, 2010 | Forbes
The Trouble With Progressives
Bad science leads to monopoly politics. . . .
January 26, 2010 | Forbes
Dealers Or No Dealers
Why the government should back off and let companies fend for themselves. . . .
January 19, 2010 | Forbes
Forget The Envy Principle
Taxing banks and bankers won't bring small businesses back to life. . . .
January 12, 2010 | Forbes
California Flailin'
America's largest state is broken and looking for fixes in the wrong places. . . .
January 4, 2010 | Financial Times
Google-itis: Beware of Class Action Settlements
In mid-December the Google Books Project suffered another blow when a Paris Court rejected the fair use defence to a suit of copyright infringement. . . .
January 5, 2010 | Forbes
Deregulation Now
A New Year's resolution for failing state governments. . . .
December 21, 2009 | Forbes
Keeping Cool After Copenhagen
Don't blow the precautionary principle out of proportion. . . .
December 22, 2009 | Wall Street Journal
Harry Reid Turns Insurance Into a Public Utility
The health bill creates a massive cash crunch and then bankruptcies for many insurers. . . .
December 29, 2009 | Forbes
Can Medicine Learn From Agriculture?
The misguided journey of one health care writer. . . .
December 8, 2009 | Forbes
Economics No Match For Politics
The real reason that unemployment lines won't shrink. . . .
December 1, 2009 | Forbes
Florida's Beach Blues
When private rights collide with environmental protection. . . .
November 24, 2009 | Forbes
Unmanageable Competition
How the health care bills will unravel private insurance. . . .
November 17, 2009 | Forbes
Should The Government Fund Abortions?
The now out-of-control debate about major health care reform has hit yet another speed bump over whether participants in the subsidized public option may receive coverage for abortions. . . .
November 10, 2009 | Forbes
The Tussle Over Craig Becker
I have long been a fierce opponent of the National Labor Relations Act, which was passed in 1935 at the height of Franklin Roosevelt's New Deal. . . .
November 3, 2009 | Forbes
The Scourge Of Rent Stabilization
One central libertarian tenet is that governments should not use subsidies or price controls to distort the operation of competitive markets...
October 27, 2009 | Financial Times
Net neutrality at the crossroads
Few issues in recent years have generated as much passion—and confusion—as the debate over net neutrality for broadband transmissions...
October 27, 2009 | Forbes
Executive Compensation Follies
The topic of executive compensation has once again hit the front pages, and with more heat than light...
October 20, 2009 | Forbes
A Plea For Procedural Due Process
Today we live in world of entitlements...
October 12, 2009 | Forbes
A Welcome Nobel
This year, the Royal Swedish Academy of Sciences awarded the Nobel Memorial Prize in economics to two Americans, Elinor Ostrom and Oliver Williamson...
October 13, 2009 | Forbes
Deregulate Labor Markets
On the economic front, the good news is that the Dow Jones industrial average is inching back toward 10,000--only 30% off its all-time high...
October 6, 2009 | Forbes
Much Ado About The Second Amendment
Last week, the Supreme Court, as expected, decided to hear the case from the Seventh Circuit, National Rifle Association v. City of Chicago, which asks this simple question: Does the Second Amendment offer some protection against the state regulation of gun use?...
September 29, 2009 | Forbes
Obama’s Medicare Disadvantage
Medicare Advantage is a recently instituted federal program that allows individuals eligible for Medicare to opt to take their coverage from a private carrier, such as a Health Maintenance Organization (HMO) of Preferred Provider Organization (PPO)...
September 22, 2009 | Forbes
The Congressional Seizure Of Private Health Care Plans
The current incoherent struggle over health care reform is fast coming to a head...
September 15, 2009 | Forbes
Sunstein's Second Bill Of Rights?
This past week marked the belated Senate confirmation of my former colleague, Cass R. Sunstein, as the head of the Office of Information and Regulatory Affairs, which helps coordinate the many regulatory activities in the modern welfare state...
September 8, 2009 | Forbes
Caution! Attorney General Holder
Recently, Attorney General Eric Holder has signaled on several occasions that the Department of Justice intends to reverse the policies of the Bush administration by beginning a new era with more vigorous enforcement of the civil rights laws...
September 1, 2009 | Forbes
Free Speech For Corporations
Next week, on Sept. 9, 2009, the Supreme Court will hear oral argument in the contentious case of Citizens United v. Federal Election Commission...
August 18, 2009 | Forbes
Obama's Doomed Utopia
August is normally a time for vacation and reinvigoration, for this author who is now in attendance at the Mont Pelerin Society meeting in Sweden...
August 11, 2009 | Forbes
A Sickly Medical Device Safety Act
Congressional mischief comes in large packages, like health care reform, and in small bundles, like the ill-advised Medical Device Safety Act of 2009 (MDSA) which is now moving forward in both the House and Senate...
August 4, 2009 | Forbes
Cool It, Congress
Human interactions take place either by agreement or force...
July 30, 2009 | Financial Times
Will the Supreme Court stem the antipatent tide?
For the past several years, the United States Supreme Court and the Federal Circuit have crafted many patent doctrines that have weakened the scope of patent protection...
July 28, 2009 | Forbes
The Power Of Protocol
The now infamous Cambridge, Mass., incident that started when Sgt. James Crowley investigated a report of a possible break-in at the home of Henry Louis Gates, the well-known African-American Harvard professor, has dominated this past week's news...
July 21, 2009 | Forbes
Why the Obama Stimulus Plan Must Fail
As we now cross the six-month mark in the Obama presidency, it is becoming ever more difficult for the president to distance himself from a long string of lackluster economic reports...
July 1, 2009 | Cato Institute
An American Icon
Robert Bork’s public career in academics and in public affairs has had, to say the least, its ups and downs...
July 14, 2009 | Forbes
Vanguard Or Rearguard?
Rahm Emanuel's one enduring contribution to political theory is his oft-quoted aphorism that a crisis is too important to be wasted...
July 7, 2009 | Forbes
Public And Private Competition In Health Care
Today, I can see no optimistic scenario for the future of American health care...
June 29, 2009 | Forbes
Ricci Vs. DeStefano
Monday's decision of the United States Supreme Court in the New Haven Firefighter's affirmative action case, Ricci v. DeStefano reveals an open wound on affirmative action by public bodies that time has not healed...
June 30, 2009 | Wall Street Journal
How Other Countries Judge Malpractice
In his recent speech to the American Medical Association, President Barack Obama held out the tantalizing possibility of reforming medical malpractice law as part of a comprehensive overhaul of the U.S. health-care system...
June 23, 2009 | Forbes
Pedicab Regulation
Around 7:30 a.m., on June 10, 2009, a pedicab driver crashed into a taxicab while getting off the Williamsburg Bridge, injuring himself and his passenger...
June 16, 2009 | Forbes
Steering Clear Of The Executive Compensation Bog
It's hardly news to anyone that deregulation has become a dirty word in the Obama administration...
June 9, 2009 | Forbes
Why The Taylor Act Must Go
On previous occasions, I have lamented about the manifest dangers of public unions...
June 2, 2009 | Forbes
Two Different Approaches To The Sotomayor Nomination
Barack Obama's nomination of Sonia Sotomayor for a Supreme Court seat has put both her defenders and attackers into high gear...
May 29, 2009 | Financial Times
The European Commission strikes again
On May 13, 2009, the European Commission fined Intel just over €1bn for its supposed abuse of its dominant market position in violation of Article 82 of the EC Treaty...
May 26, 2009 | Forbes
The Sotomayor Nomination
In a previous Forbes column, I decried President Barack Obama's insistence that empathy would weigh heavily in the scales when it came to his next Supreme Court nominee...
May 26, 2009 | Forbes
The Brave New World Of Restricted Credit
The Credit Cardholders Bill of Rights Act of 2009, which passed both houses of Congress with wide margins this past week, is now ready for President Obama's signature...
May 19, 2009 | Forbes
A Giant Step Backward In Antitrust Law
This past week Christine Varney, our new Assistant Attorney General for Antitrust, charted what she terms a more "vigorous" course of antitrust enforcement...
May 12, 2009 | Forbes
The Deadly Sins Of The Chrysler Bankruptcy
The proposed bankruptcy reorganization of the now defunct Chrysler Corp. is the culmination of serious policy missteps by the Bush and Obama administrations...
May 5, 2009 | Forbes
Beware Of Empathy
Now that Justice David Souter will retire from the United States Supreme Court, speculation is running hot and heavy as to the kind of justice that Barack Obama is likely to nominate to take his place...
May 2, 2009 | Wall Street Journal
Cancer Patients Deserve Faster Access to Life-Saving Drugs
As President Barack Obama's new Food and Drug Administration team of Margaret Hamburg and Joshua Sharfstein take the reins, they must decide what to do with off-label uses of FDA-approved drugs...
April 28, 2009 | Forbes
Constitutional Nirvana
Some years ago, Judge Douglas Ginsburg coined the phrase "a constitution in exile" to describe those, like myself, who never reconciled themselves to the constitutional revolution of 1937, which made the world safe for the New Deal reforms that authorized the federal government to cartelize labor and agricultural markets, and lots more...
April 21, 2009 | Forbes
The EPA's Assault On Carbon Dioxide
The passing of the environmental torch between the Bush and Obama administrations became ever more evident last week when EPA head Lisa Jackson announced that carbon dioxide is now an official pollutant...
April 14, 2009 | Forbes
More Populism At The FDA?
The nomination of Margaret Hamburg as commissioner of the FDA, coupled with the appointment (without Senate confirmation) of her deputy, Dr. Joshua Sharfstein, as its acting commissioner promises--or threatens--to usher in a new era at the FDA...
March 31, 2009 | Financial Times
The unravelling of patents in the US
Individuals and businesses can structure their relationships in only one of two ways: by consent or through coercion...
March 31, 2009 | Forbes
Undoing Limited Government
To the committed libertarian, the gulf between negative and positive rights is key to cabining government into its proper function...
March 26, 2009 | Wall Street Journal
Is the Bonus Tax Unconstitutional?
Bills now winding their way through Congress would tax between 70% and 90% of bonuses paid to any executive earning in excess of $250,000, if he or she is employed by a business that received more than $5 billion from U.S. bailout funds...
March 24, 2009 | Forbes
Why Labor Unions Are Inefficient Monopolists
Let us begin with a parable: assume that a group of workers wish to come together to form a new business...
March 24, 2009 | Washington Times
Mandatory labor arbitration
Rumors in Washington hint that the Employee Free Choice Act is in trouble...
March 17, 2009 | Forbes
The Taxation Of Employee Health Care Benefits
I know of no serious observer who is happy with the state of health care in the U.S.--and for good reason...
March 10, 2009 | Forbes
Favoring A Flat Tax
Libertarians are in general less than enamored with taxation on the simple but sensible ground that most people can make better use of their own money than the government can...
March 3, 2009 | Forbes
The Public Mischief Of Public Unions
Each new day brings further evidence of a financial breakdown that stems in large measure from the inability of the federal and state governments to live within their means...
February 24, 2009 | Forbes
The Buy American Provisions: Another Stimulus Farce
The recent, misnamed, American Recovery and Investment Act of 2009 runs a tidy 407 pages...
February 17, 2009 | Forbes
The Supreme Court's Chance To Limit Special Taxes
In 1819, John Marshall penned this famous warning in McCulloch v. Maryland: “An unlimited power to tax involves, necessarily, a power to destroy.”...
February 10, 2009 | Forbes
Obama's Welcome Silence On The Employee Free Choice Act
Just about a year ago today, candidate Barack Obama received a full-throated endorsement from Andy Stern, the savvy and aggressive president of the Service Employees International Union (SEIU), for his unstinting support of labor-backed initiatives in both the Illinois and U.S. Senate...
February 3, 2009 | Forbes
The Regulatory Farce Under The Consumer Product Safety Improvement Act
One of the unheralded achievements in public health in the 20th century has been the effective removal of lead from paint and gasoline...
January 27, 2009 | Forbes
Can Parents Name Their Child 'Adolf Hitler'?
"What's in a name? That which we call a rose By any other name would smell as sweet."...
January 20, 2009 | Forbes
Death, Taxes And Politics
One of the major changes in tax policy that marks this Inauguration Day is President (!) Barack Obama's decision to keep death--or is it transfer?--taxes on the books...
January 13, 2009 | Forbes
Democratic Death Wish On Labor Relations
American labor markets are in horrible shape...
January 6, 2009 | Forbes
Deadly And Proportionate Force: The Tragedy Of Hamas
The breakdown of the uneasy truce between Israel and Hamas once again exposes the open conceptual wounds that surround the law of self-defense...
December 30, 2008 | Forbes
Misguided Macroeconomics
The arrival of the new year always is an occasion to reflect on past failures and to make resolutions for the future...
December 19, 2008 | Wall Street Journal
The Employee Free Choice Act Is Unconstitutional
A top priority of the incoming Democratic Congress and Obama administration is the misnamed Employee Free Choice Act...
December 16, 2008 | Forbes
How To Encourage Organ Donation
Libertarian theory lauds the mutual gains from trade generated by voluntary exchanges between persons of ordinary competence...
December 13, 2008 | Centre for Political Research (New Zealand)
Back to Basics for New Zealand Labour Markets
When I first visited New Zealand in July of 1990 at the invitation of the New Zealand Business Roundtable, one mission stood out above all...
December 2, 2008 | Forbes
Landmark Preservation At Bargain Prices
Robin Pogrebin's recent story in The New York Times chronicles the current unhappiness that ardent preservationists have with New York City's Landmark Preservation Commission...
November 25, 2008 | Forbes
A Toxic Mix Of Regulation And Subsidy
Brace yourselves for the Obama economy...
November 18, 2008 | Forbes
Why License Marriage?
"Only marriage between a man and a woman is valid or recognized in California."...
November 13, 2008 | Financial Times
Against the grand communication alliance
The most common feature of “grand alliances” is that they collapse under their own weight...
November 11, 2008 | Forbes
Wyeth v. Levine Could Endanger Your Health
This past week, the U.S. Supreme Court heard oral arguments in the blockbuster case of Wyeth v. Levine, which posed one simple question...
November 4, 2008 | Forbes
Divided We Stand
Election Day 2008 gives us little reason for optimism or good cheer...
October 28, 2008 | Forbes
Strident And Wrong
The endless debates on whether the government or the market is "the cause" of our current financial malaise has yet to reach its final resting point...
October 21, 2008 | New York Post
A Labor Dilemma For President Bam
The financial crisis has unfortunately deflected attention from our next major meltdown: ordinary labor markets...
October 13, 2008 | Financial Times
Rent or Own: a telecommunications tale
One of the common features of broadcast licences in the US is that they are just that, licences...
October 14, 2008 | Forbes
The Risk-Free World Of John Rawls
My last column pointed out the dangers of ignoring Robert Nozick's devastating critique of patterned principles...
October 7, 2008 | Forbes
Richard Nozick Vs. The U.S. Congress
Now that yesterday's market nosedive shows the disappointing Congressional bailout has not calmed markets, let the post-mortem begin...
September 30, 2008 | Forbes
The Christmas Tree Effect
Well, the gong has struck, now that a closely divided House of Representatives has failed to approve round one of the bailout program...
September 23, 2008 | Forbes
Greed, Or Incentives?
It had been my devout wish to write a set of disinterested columns about labor markets to illustrate the power of the presumption against state regulation of voluntary agreements...
September 15, 2008 | Forbes
The Libertarian Manifesto
Online columnists, it is said, should not suffer from an abundance of caution or subtlety...
September 9, 2008 | Financial Times
Source for the goose should be source for the gander
Jamie Boyle’s sensible defence of open-source software starts in a disarming way, by suggesting that the Federal Circuit’s decision in Jacobsen v Katzer, which upheld the validity of an open-source copyright claim, was one of those dry-as-dust decisions that only intellectual property geeks could love...
June 21, 2008 | New York Times
How to Complicate Habeas Corpus
LAST week’s Supreme Court decision in Boumediene v. Bush settled a key constitutional issue: all prisoners detained at Guantánamo Bay are constitutionally entitled to bring habeas corpus in federal court to challenge the legality of their detention...
June 10, 2008 | Financial Times
The Microsoft consent decree: a good start gone bad
Just recently, I attended a conference at the University of Virginia, sponsored by the American Bar Association, tackling “Remedies for Dominant Firm Misconduct.” Its arcane title obscures the critical importance of this issue for the long-term prosperity of high-tech industries...
April 1, 2008 | Heartland Institute
Net Neutrality and Spectrum Auctions
The just-completed FCC auction of key 700 MHz spectrum has generated intense controversy in the past months, and more than its fair share of political infighting and surprises...
March 26, 2008 | Financial Times
Anonymous judging in the EU
In 1895, Rudyard Kipling wrote: “Oh, East is East, and West is West, and never the twain shall meet.” ...
January 29, 2008 | Financial Times
The virtues of anti-trust surrender
As usual, I write not to disagree with Tom Hazlett, but to push the argument in a somewhat different direction...
January 15, 2008 | Financial Times
Legal analogies and metaphors in a high tech Age
Political disputes over the so-called new media – chiefly network communications and intellectual property – seem to invite a high-tech analysis to reach sound policy solutions...
October 24, 2007 | Financial Times
A dangerous one-two punch
Right now, patent holders everywhere are warily watching the Patent Reform Act of 2007 (PRA) as it winds its way, perhaps inexorably, through the US Congress...
October 9, 2007 | Point of Law
Primary and Secondary Liability Under Securities Law: The Stoneridge Investment Saga
Today, October 9th, the United States Supreme Court is hearing oral argument in one of the most important securities law cases in decades, Stoneridge Investment Partners, Inc. v. Scientific-Atlanta...
August 28, 2007 | Yale Politic
Public Use and Zoning Intertwined
Many important cases before the United States Supreme fail to excite the popular imagination...
August 15, 2007 | Financial Times
Two minds on injunctive relief
On August 6 2007 the Bush administration decided to hold firm with the decision of the International Trade Commission in the long-standing Broadcom v Qualcomm dispute...
July 11, 2007 | Forward
It’s Time To Strip Public Unions Of Their Monopoly Power
This past term, in Davenport v. Washington Educational Association, a unanimous Supreme Court rebuffed a union claim that its rights to freedom of speech were violated by a Washington state referendum which provided that unions could not use mandatory “agency shop fees” to influence elections or to operate political committees unless those payouts were “affirmatively authorized by the individual.” ...
July 18, 2007 | Cato Institute
The Problem With Presidential Signing Statements
Recently, the Republican chairman of the Senate Judiciary Committee, Arlen Specter, held a hearing about "presidential signing statements." ...
June 29, 2007 | Wall Street Journal
Scalia's Judicial Activism
This past week, a sharply divided Supreme Court in Hein v. Freedom From Religion Foundation held that President Bush's faith-based initiatives could not be challenged in federal court as a prohibited state establishment of religion...
June 18, 2007 | Financial Times
Double trouble for US telecoms
Like it or not, extensive government regulation of high- technology industries is here to stay...
May 24, 2007 | Wall Street Journal
Legal Sanity 'Discovered'
This week the U.S. Supreme Court began what might become a welcome revolution in civil litigation when it ordered -- without "discovery" -- the dismissal of an antitrust class-action suit against telephone companies...
April 24, 2007 | Wall Street Journal
Risky Drug Business
Sen. Edward Kennedy fired the latest shot in the battle over pharmaceutical regulation last week with the introduction of his FDA Revitalization Act...
March 26, 2007 | Wall Street Journal
Drug Crazy
In an industry advisory last week, the U.S. Food and Drug Administration announced tough new conflict-of-interest rules against doctors who sit on its advisory committees, which recommend whether the FDA should allow pharmaceutical companies to market their new products...
March 5, 2007 | Financial Times
EU continues battle against Microsoft
On March 1 the competition division of the European Commission rolled out the heavy artillery against Microsoft...
February 28, 2007 | Wall Street Journal
Detainees and Habeas Corpus
David B. Rivkin Jr. and Lee A. Casey paint with too broad a brush in seeking to discredit the litigation brought against the United States during the current war against terror ("Lawfare," editorial page, Feb. 23) -- in particular, their claim that habeas corpus is an improper form of "lawfare" that wrongly whitewashes legal claims that deserve serious judicial and public attention...
January 5, 2007 | New York Sun
Bid Farewell to Capgains Tax
As a new Congress convenes, the divisive issue of tax reform looms large on the agenda...
December 22, 2006 | Los Angeles Times
The myth of the big bad drug companies
The pharmaceutical industry is getting bad press...
December 18, 2006 | Wall Street Journal
Deferred Prosecution Deals Create Harmful Incentives
My Nov. 28 editorial-page commentary "The Deferred Prosecution Racket" brought forth a spirited but wholly unconvincing response by Patrick E. Hobbs, dean of the Seton Hall Law School ("Fighting the Infection of Unethical Behavior in Corporate Culture," Letters to the Editor, Dec. 8)...
December 3, 2006 | Boston Globe
What's good for pharma is good for America
The winds of political fortune have brought the Democrats into power in both houses of Congress, and high on their 2007 agenda is tightening the regulatory screws on the pharmaceutical industry...
November 28, 2006 | Wall Street Journal
The Deferred Prosecution Racket
Corporations suffer a peculiar vulnerability...
November 7, 2006 | Financial Times
Patents - to nationalise, or otherwise
Any patent system necessarily has public and private components...
October 7, 2006 | Wall Street Journal
Produce the Body
Last week, the Bush administration persuaded a divided Congress to pass the Military Commissions Act (MCA), giving the president the authorization the Supreme Court ruled that he needed to try enemy combatants in Guantanamo...
July 19, 2006 | Wall Street Journal
Letter to the Editor: Hamdan's Jaws of Defeat Offer No Victory for U.S.
David Rivkin and Lee Casey (" Hamdan," editorial page, June 30) make a heroic effort to salvage victory from the president's crushing defeat in Hamdan…
July 12, 2006 | Wall Street Journal
Trust Busters on the Supreme Court
A huge chunk of the Supreme Court's work lies in interpreting the statutes and regulations that govern every nook of American life…
May 26, 2006 | Wall Street Journal
The Benighted Policies of Organ Donations
Let me offer a brief answer to both Richard Amerling and Charles Fruit for their May 23 Letters to the Editor "Should Kidneys Be Sold or Only Donated…
July 6, 2005
Property and Privilege
The good news in the aftermath of Kelo is that it has forced people, especially on the political left, to rethink their views on the place of private property.
May 26, 2004
Where Else Can They Go?
The reason candidates migrate to the center is captured in the expression, where else can they go?
BLOGS
June 28, 2012 | Advancing a Free Society
Derailing the Medicaid Expansion: Chief Justice Roberts Gets This One Right
June 12, 2012 | Ricochet
Elinor Ostrom: RIP
The news just arrived that the economics profession—and the lawyers who have depended on it—have lost a giant in the field with the death of Elinor Ostrom at the age of 78...
May 3, 2012 | Ricochet
Mandatory Service as an Abuse of Regulatory Power
Chief Judge of the New York State Court of Appeals Jonathan Lippman announced earlier this week that from this time forward all applicants for the New York State Bar will have to demonstrate that they have performed 50 hours of pro bono work in order to be admitted to the bar...
April 29, 2012 | Room for Debate (New York Times)
Consumers Pay for Excess Regulation
Do repeal the ill-considered regulation of both credit and debit card services, and while removing the endless red tape that makes financing a home so costly today...
April 11, 2012 | Ricochet
Not Proven: The DOJ suit Against Apple for eBook Pricing
With the death of Steve Jobs, Apple has lost much of its Teflon insulation from government action...
March 31, 2012 | Ricochet
Observations on ObamaCare: Taxation, Regulation, Krugman, and Fried
There are a number of constitutional and logical slips in the seductive argument that Paul Krugman puts forward in favor of the constitutionality of the individual mandate...
March 25, 2012 | Room for Debate (New York Times)
The Need to Restrain Congress
The Supreme Court should take this opportunity to reconsider the foundations of its commerce clause jurisprudence...
January 4, 2012 | Ricochet
The Constitution Is Clear On Recess Appointments
I have just had the privilege of reading John Yoo’s perceptive remarks on the recess appointment, and think that within the framework of the current law, he has to be correct that it is for the Senate and not for the President to determine whether the Senate is in session...
January 2, 2012 | Ricochet
Dial Down the Anger on Judicial Activism
My brief post about Newt Gingrich has brought forth a set of comments, and I think that second post is needed for clarification. Here are some points...
November 15, 2011 | Room for Debate (New York Times)
Misinterpreting the Right to Bear Arms
One sad feature about the current move [to restore felons’ rights to carry guns] is that the Second Amendment’s protection of the right to keep and bear arms is invoked to support this dubious and dangerous practice...
October 16, 2011 | Ricochet
Eleventh Circuit Blocks Counterproductive Measures in Alabama Immigration Law
Friday's decision in the Eleventh Circuit which partially blocks parts of the controversial Alabama immigration law illustrates once again the love-hate relationship that this nation, and its various states, have with our immigrant population...
October 2, 2011 | Advancing a Free Society
Government asset sales
A story in the New York Times reports happily that the United States, being cash-poor, is now weighing asset sales in order to reduce the deficit...
September 12, 2011 | Advancing a Free Society
Educational Reform: How to Pour Good Money After Bad
It comes as no surprise that President Obama has proposed an education program that will increase expenditures on teachers and school construction. It is also no surprise that these expenditures will do little or anything to improve results...
September 2, 2011 | Ricochet
Originalism and Constitutional Mistakes
There is of course no doubt that Justices Clarence Thomas and Antonin Scalia take different views on the role of stare decisis in Supreme Court decisions. What is a hard question to figure out is which of these views is correct, and why...
August 28, 2011 | Advancing a Free Society
Hurricane Irene: Of Micro and Macro events
The lesson here is clear. In dealing with storms, it is critical to know both the macro and the micro environments...In some instances, the relevant judgments are made at the time of crisis. In other cases, they should be made at the time of purchase of land...
August 23, 2011 | Ricochet
Boeing and Verizon Capture Strategic Hill in Labor Wars
Normally most news about labor developments reflect the unwise labor policies pursued at every level of the Obama administration...It is good therefore to report that there has been some pushback on these issues...
August 21, 2011 | Advancing a Free Society
Employment Policy: A Critical Link Between Domestic and Foreign Policy
The conventional analysis treats domestic and foreign issues as though they fall into separate silos, such that we tend to speak of the one without regard to the other...
August 9, 2011 | Advancing a Free Society
Government by Waiver: No Child Left Behind Follows the Health Care Precedent
The only reason we have to worry about the waivers is that we have committed ourselves to legislative programs that are beyond our grasp...
July 19, 2011 | Ricochet
Smaller Government, Not Lower Taxes, is the First Order of Business
The piece that I published this morning has already attracted a lot of attention, for which I am grateful, but seems to have generated some confusion, which is best avoided...
July 5, 2011 | Advancing a Free Society
The President Punts on Boeing
Among the many distressing features of the recent presidential press conference was Obama’s conscious decision to distance himself from the single most important case initiative undertaken by the National Labor Relation’s Board Acting General Counsel...
June 21, 2011 | Advancing a Free Society
Difficulties Beyond Bad Advice: Some Sober Words on the War Powers Resolution
Jack Goldsmith has written a sensible post which notes the peculiar procedures that the President followed in making up his mind to stiff-arm the War Powers Resolution (WPR)...
June 15, 2011 | Advancing a Free Society
Let the Fed Stay Off to One Side
At most the Fed’s contribution is a modest negative of clouding the current economic picture, which only adds a new level of unwanted uncertainty to labor markets...
May 11, 2011 | Ricochet
Liberal Judges Won't Defect from Obama Administration's Misinterpretation of Commerce Clause
Come hell or high water, the four liberal justices will vote to affirm the legislation. The question is whether the five conservative justices will think that the Affordable Care Act takes matters one step too far...
April 24, 2011 | Advancing a Free Society
Bad News on Gasoline Prices–What Government Should Do in Response
As gas prices in the United States continue their relentless march upward, the political question of the hour is what, if anything, the United States government should do about the situation...
April 3, 2011 | Advancing a Free Society
The Minimum Conditions for a Sound Energy Policy
The point here is not that biofuels are useless. Rather, the critical point is that no matter how useful they are, they are not worth a subsidy...
March 22, 2011 | Advancing a Free Society
Why is Congress Missing in Action?
At long last the United States has decided to enter into the fray in Libya, not as a leader, but as a follower...
March 3, 2011 | Room for Debate (New York Times)
When Free Speech Feels Wrong: Keeping the Haters at Bay
Ordinary people have a right to be deeply uneasy with the outcome in Snyder v. Phelps...That said, I think that the majority of the court is correct, but on narrower grounds than might be commonly supposed...
January 13, 2011 | Corner (National Review Online)
The Best Possible Defense Lawyer for Jared Loughner
On balance I think that it is a good thing that Jared Loughner will get the best possible defense lawyer. The first point is that if the death penalty is imposed, there will be greater public confidence in the verdict...
December 13, 2010 | Ricochet
ObamaCare is Now on the Ropes
The decision of Judge Henry Hudson in Virginia v. Sebelius is no bird of passage that will easily be pushed aside as the case winds its way up to its inevitable disposition in the United States Supreme Court...
November 23, 2010 | Forbes.com Blogs
Government By Waiver: The Breakdown Of Public Administration
Without major steps to overhaul or repeal ObamaCare, government by waiver will become standard operating procedure to the detriment of us all...
November 15, 2010 | Forbes.com Blogs
U.S. Government: Too Big To Succeed?
At this point, the only confident prediction is that Bowles/Simpson will be crushed on the political rocks, as it would even if they had presented us with the Sermon on the Mount, which they didn’t...
November 15, 2010 | Room for Debate (New York Times)
The Costly Freedom to Sue
The newly expanding practice of litigation finance is rich in pitfalls and promises...
November 9, 2010 | Forbes.com Blogs
Let Cathie Black Dig Down Deep To Institute Major Education Reforms
The major task that faces Cathie Black, chairwoman of Hearst Magazines and [New York City School System Chancellor Joel Klein's] designated successor, is to move relentlessly on that issue in an effort to obtain greater level of flexibility in the hiring, firing and promoting of teachers...
November 8, 2010 | Forbes.com Blogs
The Bizarre Trade Economics Of Barack Obama
Fresh from his major political defeat in the mid-term elections, President Barack Obama has decided to go on the political offensive by acting presidential, albeit in the worst possible way...
November 8, 2010 | Corner (National Review Online)
What Happens When a State Goes Bankrupt?
David Guaspari asks...three questions, each of which deserves an extensive answer, which I don’t think that I can supply with sufficient fullness. But here are some hints along the way...
November 3, 2010 | Forbes.com
Packaging Politics With Personality
Candidates represent what might be called tied purchases of a market basket of goods. The only choices that are given to hapless voters is to pick one such basket over another...
October 26, 2010 | Corner (National Review Online)
Should Chief Justice Roberts Be Impeached?
According to Rep. Peter DeFazio (D., Ore.), he should be...At this point, therefore, the best thing to do with Representative DeFazio is to ignore him. After all, there is no grounds to impeach him from public office for the silly statements that he makes...
October 26, 2010 | Forbes.com Blogs
Conflict of Regulation of Pharmaceuticals and Medical Devices
The increased severity of conflict of interest regulation of firms developing drugs and medical devices offers a powerful illustration of the unfortunate recent trends in this area...
October 18, 2010 | Forbes.com Blogs
The Libertarian Challenge To ObamaCare
The individual mandate, individual liberty and the Commerce Clause...
October 12, 2010 | Forbes.com Blogs
Why Justice Breyer Should Steer Clear of Political Science
...[The] routine application of Justice Breyer’s dubious rules of statutory interpretation will only make matters worse than they are—not only for libertarians, but for everyone else...
October 4, 2010 | Forbes.com Blogs
The Cleansing Force Of Mortgage Foreclosures
Mortgage foreclosures are back in the news big time, and that news is not good. The gist of the recent reports is that major banks have taken shortcuts with their paperwork...
September 27, 2010 | Forbes.com Blogs
Protecting Health By Reducing Options
[T]he FDA still has not learned the lesson that it is unwise to manage medical care from the center. More options are better for patients than fewer...
September 20, 2010 | Forbes.com Blogs
The Tea Party Meets The Median Voter
As the dust begins to clear from the last Tuesday’s primary, it is clear that The Tea Party is now in a position to make waves in places outside Boston Harbor...
June 21, 2010 | Room for Debate (New York Times)
What Counts as Abetting Terrorists? Speech vs. Other Support
On most foreign affairs issues I would admit to having hawkish sentiments. But on the question of individual rights against the government, my libertarian instincts cut in the opposite direction...
March 22, 2010 | Daily Beast
10 Reasons to Fear the Health-Care Bill
On Sunday, the House of Representatives passed a major new health-care initiative that has been hailed by the president and its many other supporters as an achievement that is parallel in magnitude and importance to Social Security in 1935 and Medicare in 1965. . . .
February 1, 2010 | Cato Institute
Lawrence Lessig, Libertarian
This past week Professor Lawrence Lessig of the Harvard Law School dropped into the Cato Institute to give his stump speech on his new passion: the corruption in government. . . .
February 1, 2010 | Torts Prof Blog (MA)
Guest Blogger Richard Epstein on "Multiple Standards of Liability in Tort Law: Of context and categories"
Over the years, I have written on many discrete topics in tort law, but the general focus of that panel was on the first work that I wrote on the subject, “A Theory of Strict Liability,” 2 J. Legal Studies 151 (1973), which was written as a self-conscious response to Richard A. Posner’s highly influential article, A Theory of Negligence, 1 J. Legal Stud. 29 (1972) . . . .
INTERVIEWS
September 28, 2012 | John Batchelor Show
Richard Epstein, Tunku Varadarajan, and Andrew Revkin on The John Batchelor Show
July 20, 2012 | John Batchelor Show
Mvemba Phezo Dizolele and Richard Epstein on the John Batchelor Show
June 22, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Gordon Chang, Forbes; Mary O'Grady WSJ; Richard Epstein, Hoover...
June 15, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Simon Romero, NYT, Claudia Rosett, FDD, Richard Epstein, Hoover...
May 25, 2012 | John Batchelor Show
Richard Epstein and Henry Miller on the John Batchelor Show
Guests: Jim McTague, Barron's; David Livingston, The Space Show; Richard Epstein, Hoover; Henry Miller, Hoover...
May 11, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Greg Zuckerman, WSJ; Greg Quinn, Bloomberg; Bob Zimmerman, Behind the Black; Richard Epstein, Hoover...
May 4, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Peter Coy, Bloomberg; Lara Brown, Villanova; Richard Epstein, Hoover; Conor Friedersdorf, The Atlantic...
April 26, 2012 | John Batchelor Show
Richard Epstein on John Batchelor
Guests: Co-Host Mary Kissel, WSJ; Malcolm Hoenlein, Conference of Presidents; Mordechai Kedar, Bar Ilan University; Richard Epstein, Hoover; Thaddeus McCotter, (R-MI)...
April 20, 2012 | John Batchelor Show
Richard Epstein on John Batchelor
Guests: Amanda Coyne, AlaskaDispatch.com; Charles Pellegrino, author; Richard Epstein, Hoover...
April 13, 2012 | John Batchelor Show
Richard Epstein on John Batchelor
Guests: John Maxtone Graham, author; Richard Epstein, Hoover; Lou Ann Hammond, Driving the Nation...
April 6, 2012 | John Batchelor Show
Richard Epstein and Tunku Varadarajan on the John Batchelor Show
Guests: Tunku Varadarajan, Newsweek International; Sarah Maslin Nir, NYT; Richard Epstein, Hoover...
March 30, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Michael Vlahos, Naval War College; Richard Epstein, Hoover...
March 27, 2012 | Federalist Society
Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius
To discuss the coercion issue, we have Richard Epstein, professor at New York University School of Law and professor emeritus at the University of Chicago Law School...
March 26, 2012 | Charlie Rose
The Supreme Court reviews health-care law
The Supreme Court reviewing of health-care law with Walter Dellinger of Duke University, Richard Epstein of University of Chicago Law School, Jeffrey Toobin of CNN and the New Yorker, and Stuart Taylor of the Brookings Institution...
March 18, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Bret Stephens, WSJ; John Bolton, AEI; Richard Epstein, Hoover; Julia Angwin, WSJ...
March 13, 2012 | Bloomberg
Can Congress Force Individuals to Buy Health Insurance?
In our second installment, New York University School of Law Professor Richard Epstein talks with Bloomberg Law’s Spencer Mazyck about the core of the cases — the constitutionality of the individual mandate provision of the Affordable Care Act...
March 5, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Richard Epstein, Hoover; Joe Rago, WSJ; Salena Zito, PTR; Shira Schoenberg, Boston Globe...
February 26, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Bret Stephens, WSJ; Bill Vlasic, NYT; Richard Epstein, Hoover Institute; Francesco Guerrera, WSJ...
February 19, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Mary O'Grady, WSJ; Azam Ahmed, NYT; Richard Epstein, Hoover Institution; Steve Greenhouse, NYT...
January 13, 2012 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Jed Babbin, American Spectator; Richard Epstein, Hoover; Isaac Stone Fish, Foreign Policy; Mike Ramsey, WSJ...
December 14, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Eric Trager, Washington Institute; Richard Epstein, Hoover; David Livingston, The Space Show; Ken Crosswell, Science Magazine...
December 6, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
Guests: Richard Mourdock, Indiana Treasurer of State; Adam Nossiter, NYT; Richard Epstein, Hoover...
November 29, 2011 | Between the Covers (National Review Online)
Richard A. Epstein on Design for Liberty
"[A] private property system...will do better than any other system to meet the requisites of the rule of law because of the way in which it manages to eliminate political discretion, which I think turns out, in the end, to be the enemy of all stable social institutions..."
November 15, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Co-Host Larry Kudlow, CNBC; Kim Strassel, WSJ; Clea Benson, Bloomberg; Richard Epstein, Hoover; Evan Newmark, WSJ...
October 26, 2011 | PBS NewsHour
Does U.S. Economic Inequality Have a Good Side?
As part of his Making Sen$e series on economic inequality, Paul Solman talks to libertarian law professor Richard Epstein, who argues that wealth inequality acts as a driving force for innovation...
October 21, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Ann Marlowe, Hudson Institute; Bill Roggio, FDD; Richard Epstein, Hoover...
September 29, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: John Bolton; David Weidner, WSJ; Richard Epstein, Hoover; James Taranto, WSJ...
September 9, 2011 | John Batchelor Show
Richard Epstein and Amy Zegart on the John Batchelor Show
GUESTS: Jim McTague, Barron's Magazine; Richard Epstein, Hoover; Melik Kaylan, Newsweek; Amy Zegart, Hoover...
September 3, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Clark Taylor, author of "Nerve: Poise Under Pressure, Serenity Under Stress, and the Brave New Science of Fear and Cool I"; Richard Epstein, Hoover Institution, regarding Obamacare...
July 28, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Rep. Devin Nunes (CA-21): John Burns, NYT; Richard Epstein, Hoover...
July 8, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Megan Woolhouse, Boston Globe; Matt Wald, NYT; Richard Epstein, Hoover...
June 15, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Paul Vigna, Dow Jones; John Loftus, author of "America's Nazi Secrets"'; Richard Epstein, Hoover...
June 1, 2011 | John Batchelor Show
Fouad Ajami and Richard Epstein on the John Batchelor Show
GUESTS: Fouad Ajami, Hoover; Mosi Secret, NYT; Richard Epstein, Hoover Institution...
May 9, 2011 | Daily Caller (DC)
Five questions with legal scholar Richard Epstein
On Wednesday evening at the Kennedy Center in Washington, D.C., Epstein will be among four recipients of the 2011 Bradley Prize...In the days leading up to Wednesday’s ceremony, The Daily Caller is publishing interviews with this year’s recipients...
April 22, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Bill McGurn, WSJ; Jonathan Weil, Bloomberg; Richard Epstein, Hoover...
April 6, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: James Taranto, WSJ; Christopher Drew, NYT; Richard Epstein, Hoover...
March 30, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Adam Nossiter, NYT; Lizzie O'Leary, Bloomberg; Richard Epstein, Hoover...
March 10, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: James Taranto, WSJ; Gretchen Morgenson, NYT; Richard Epstein, Hoover...
February 8, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Ravi Somaiya, NYT; Susan Stelling, NYT; Bob Zimmerman, BehindTheBlack.com; Richard Epstein, Hoover...
January 28, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Bill McGurn, WSJ; Gretchen Morgenson, NYT; Richard Epstein, Hoover...
January 27, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Pete du Pont, former governor of Delaware; John Loftus, author of "America's Nazi Secrets"; Richard Epstein, Hoover Institution...
January 21, 2011 | Uncommon Knowledge
The Law with Epstein & Yoo: Chapter 5 of 5
Richard Epstein and John Yoo critique the Supreme Court under John Roberts...
January 19, 2011 | Uncommon Knowledge
The Law with Epstein & Yoo: Chapter 4 of 5
Richard Epstein and John Yoo reflect on Bush v. Gore on its tenth anniversary...
January 19, 2011 | Uncommon Knowledge
The Law with Epstein & Yoo: Chapter 3 of 5
Is California’s Proposition 8 unconstitutional? Richard Epstein and John Yoo discuss...
January 18, 2011 | Uncommon Knowledge
The Law with Epstein & Yoo: Chapter 2 of 5
Richard Epstein and John Yoo explain why the “encroachment” argument beats the “general welfare” argument in the case against Obamacare...
January 17, 2011 | Uncommon Knowledge
The Law with Epstein & Yoo: Chapter 1 of 5
Is Obamacare unconstitutional? Scholars Richard Epstein and John Yoo respond...
January 16, 2011 | John Batchelor Show
Richard Epstein on the John Batchelor Show
David Drucker, Roll Call, in re: one year since Scott Brown's election; also, Brown re-elect in 2012. John Loftus, author, re Assange and Bank of America, and Muammar Gaddafi, and Miss USA. Richard Epstein, Hoover, in re: Loughner defense attorney...
December 14, 2010 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Ravi Somaiya, NYT; Paul Dales, Capital Economics; Richard Epstein, Hoover Institution; Jeff Bliss, The Bliss Index...
November 22, 2010 | Reason.tv
Richard Epstein on Barack Obama, his former Chicago Law Colleague
Reason's Nick Gillespie interviewed Epstein at NYU's law building in October. The conversation was wide-ranging and high-energy...
November 10, 2010 | John Batchelor Show
Richard Epstein on the John Batchelor Show
GUESTS: Bruce Bechtol, San Angelo State; Richard Epstein, Hoover Institution; Evan Ramstad, AWSJ; Brett Arends, WSJ...
October 20, 2010 | John Batchelor Show
The John Batchelor Show
GUESTS: John Burns, NYT; Talman Onaran, Bloomberg; Richard Epstein, Hoover...
September 20, 2010 | EconTalk
Richard Epstein on Regulation
Richard Epstein of New York University and Stanford University's Hoover Institution talks with EconTalk host Russ Roberts about the current state of the economy, particularly the regulatory climate...
April 23, 2010 | Federalist Society
Christian Legal Society v. Martinez – Post-Argument SCOTUScast
On April 19, 2010, the Supreme Court heard oral argument in Christian Legal Society v. Martinez. The question in this case is whether a public university's law school may deny funding and other benefits to a religious student organization...
February 5, 2010 | Uncommon Knowledge
Epstein & Taylor: Are We All Keynesians Now? : Chapter 5 of 5
How well are our leaders — including Federal Reserve chair Ben Bernanke — managing the aftermath of the financial crisis? . . .
February 4, 2010 | Uncommon Knowledge
Epstein & Taylor: Are We All Keynesians Now? : Chapter 4 of 5
How well did our leaders handle the financial crisis? . . .
February 3, 2010 | Uncommon Knowledge
Epstein & Taylor: Are We All Keynesians Now? : Chapter 3 of 5
Richard Epstein and John Taylor explain why it is misleading to blame the free market for the financial crisis. . . .
February 2, 2010 | Uncommon Knowledge
Epstein & Taylor: Are We All Keynesians Now? : Chapter 2 of 5
What went wrong with the U.S. economy in the 21st century? . . .
February 1, 2010 | Uncommon Knowledge
Epstein & Taylor: Are We All Keynesians Now? : Chapter 1 of 5
After introducing the opposing approaches to economics of John Maynard Keynes and Milton Friedman, economists Richard Epstein and John Taylor discuss U.S. monetary policy from the 1970s onward. . . .
OTHER MEDIA
June 19, 2012 | Defining Ideas (Hoover Institution)
Psychology vs. Public Policy
Why do moral intuitions break down in complex social institutions?...
June 11, 2012 | Defining Ideas (Hoover Institution)
Intellectual Laziness on the Supreme Court
It’s time to scrap the irrational “rational basis test”...
June 5, 2012 | Defining Ideas (Hoover Institution)
Our “Imbecilic” Constitution?
Facing down today’s problems requires resurrecting the wisdom of the Founders...
May 29, 2012 | Defining Ideas (Hoover Institution)
The United States of Cartels
"Price stabilization” and “harmonization” are dangerous euphemisms for anti-growth policies...
May 22, 2012 | Defining Ideas (Hoover Institution)
Corporations Are People, Too
Jeffrey Toobin plays fast and loose in his assault on Citizens United...
May 15, 2012 | Defining Ideas (Hoover Institution)
Michael Sandel Is Wrong on Markets...
...and (no surprise!) Tom Friedman is wrong, too...
May 7, 2012 | Defining Ideas (Hoover Institution)
Higher Education for All?
The federal government needs to rein in the business of making student loans...
May 1, 2012 | Defining Ideas (Hoover Institution)
Beyond Austerity
We must liberalize labor markets, not rely on macroeconomic “fixes”...
April 24, 2012 | Defining Ideas (Hoover Institution)
The Handicaps of the Disabilities Act
Let the government pay for wheelchair ramps and chairlifts...
April 17, 2012 | Defining Ideas (Hoover Institution)
Term Limits for Judges
It’s time to reform the Courts and the administrative agencies...
April 10, 2012 | Defining Ideas (Hoover Institution)
My Primer for Obama
On the differences between Social Darwinism and laissez-faire economics...
April 3, 2012 | Defining Ideas (Hoover Institution)
Justice Kennedy's Million Dollar Question
Can you create commerce in order to regulate it?...
March 26, 2012 | Defining Ideas (Hoover Institution)
Obamacare: An Unconstitutional Misadventure
How the individual mandate unravels the core of the health-care law...
March 20, 2012 | Defining Ideas (Hoover Institution)
City Planners Run Amok
How to wreck a neighborhood in New York while seeking to preserve its character through land use regulations...
March 13, 2012 | Defining Ideas (Hoover Institution)
Is Women’s Empowerment a Bureaucratic Imperative?
The European Union considers gender quotas in corporate boardrooms...
March 6, 2012 | Defining Ideas (Hoover Institution)
Government By 'Expert'
The modern administrative state is a behemoth incompatible with the rule of law...
February 29, 2012 | Defining Ideas (Hoover Institution)
The Austerity Morass
Who has handled the economic crisis worse, the European Union or the United States?...
February 21, 2012 | Defining Ideas (Hoover Institution)
The Oil Market Panic
Politicians on both sides of the aisle must embrace the principle of laissez-faire...
February 14, 2012 | Defining Ideas (Hoover Institution)
Obamacare's Bully Mandate
Can the federal government seize state revenues to pay for Medicaid?...
February 7, 2012 | Defining Ideas (Hoover Institution)
Title IX or Bust
At Yale, one student learns that universities are trapped by their federal grants...
January 31, 2012 | Defining Ideas (Hoover Institution)
The Libertarian Gun Fallacy
The Second Amendment imposes no limitations on states...
January 24, 2012 | Defining Ideas (Hoover Institution)
No ‘Sachs Appeal’
The Columbia professor’s misconceptions tarnish the tradition of libertarianism...
January 17, 2012 | Defining Ideas (Hoover Institution)
Death by Wealth Tax
Egalitarian impulses will sink our struggling economy...
January 10, 2012 | Defining Ideas (Hoover Institution)
Elizabeth Warren’s Sloppy Progressivism
The Senate candidate needs a crash course in wealth creation...
January 3, 2012 | Defining Ideas (Hoover Institution)
The Hidden Dangers of the "Living Wage"
How government power chokes off private urban development...
December 12, 2011 | Defining Ideas (Hoover Institution)
Populist-in-Chief
Can Obama's progressive policies save the middle class from economic hardship...
December 6, 2011 | Defining Ideas (Hoover Institution)
Eek! Environmental Visionaries!
It’s time to replace CAFE standards with a better mix of regulatory and market-based solutions...
November 29, 2011 | Defining Ideas (Hoover Institution)
Curing the Unemployment Blues
Deregulation is our last, best hope...
November 21, 2011 | Defining Ideas (Hoover Institution)
ObamaCare vs. The Commerce Clause
If Congress can regulate health care, it can regulate everything under the sun...
November 15, 2011 | Defining Ideas (Hoover Institution)
How the FDA Violates Free Speech
The agency's graphic tobacco warnings are deliberately false and misleading...
November 8, 2011 | Defining Ideas (Hoover Institution)
Three Cheers for Income Inequality
Taxing the top one percent even more means less wealth and fewer jobs for the rest of us...
November 1, 2011 | Defining Ideas (Hoover Institution)
The Shortsighted Keynesians
Another stimulus will not create jobs, but reforming our capital and labor markets will...
October 25, 2011 | Defining Ideas (Hoover Institution)
Going Red on Property Rights
Abuse of eminent domain makes the United States look like statist China...
October 17, 2011 | Defining Ideas (Hoover Institution)
Uneven Stevens
The former justice's outbursts are doing a disservice to the Supreme Court...
October 11, 2011 | Defining Ideas (Hoover Institution)
California's Kafkaesque Rent Control Laws
Property rights and due process get second-class status in the courts...
October 4, 2011 | Defining Ideas (Hoover Institution)
The Debit Card Stealth Tax
We need to repeal the Durbin Amendment of the Dodd-Frank Act...
September 27, 2011 | Defining Ideas (Hoover Institution)
Obama’s Jobs Bill: Read It and Weep
An infernal mish-mash of taxes, subsidies, and regulations...
September 20, 2011 | Defining Ideas (Hoover Institution)
The Obama-Buffett Siren Call
The president’s new tax plan defies the basic laws of economics...
September 13, 2011 | Defining Ideas (Hoover Institution)
A Decade of Legal Blunders
We’ve made many mistakes since 9/11—including torturing detainees and expanding presidential power...
September 7, 2011 | Defining Ideas (Hoover Institution)
The Road to Economic Perdition
Why are Democrats serving up a smorgasbord of job-killing policies...?
August 30, 2011 | Defining Ideas (Hoover Institution)
The Perils of Price Controls
Why is there a shortage of cancer drugs in the United States...?
August 23, 2011 | Defining Ideas (Hoover Institution)
How Is Warren Buffett Like the Pope?
They are both dead wrong on economic policy...
August 16, 2011 | Defining Ideas (Hoover Institution)
Collective Bargaining = Collective Suicide
Verizon’s picketing employees will suffer a shattering defeat on the issue of give-backs...
August 9, 2011 | Defining Ideas (Hoover Institution)
Four Reasons S&P Got it Right
When will the Obama administration learn that more debt equals fewer jobs...
August 2, 2011 | Defining Ideas (Hoover Institution)
The Tax Expenditures Muddle
Though often misunderstood, they can ease our deficit dilemma...
July 26, 2011 | Defining Ideas (Hoover Institution)
Raise Taxes on the Poor?
Yes. A flat tax could help solve the debt crisis...
July 19, 2011 | Defining Ideas (Hoover Institution)
A ‘Debt Limit’ Compromise
Republicans must reconsider the "no new taxes" pledge...
July 12, 2011 | Defining Ideas (Hoover Institution)
Our Curious CAFE Culture
There’s a better way, surely, to regulate automobile emissions...
July 5, 2011 | Defining Ideas (Hoover Institution)
Would We Ever Ground Air Force One?
Of course not. So why the jihad against corporate jets...?
June 29, 2011 | Defining Ideas (Hoover Institution)
America Strikes Out
What an aging Derek Jeter tells us about a declining United States...
June 21, 2011 | Defining Ideas (Hoover Institution)
War Powers and Libya
Congress is entitled to restrain the president’s military adventures abroad...
June 14, 2011 | Defining Ideas (Hoover Institution)
Religious Liberty vs. Civil Unions
Why is Illinois preventing the Catholic Church from doing charitable work...?
June 8, 2011 | Defining Ideas (Hoover Institution)
The Fracking Panacea?
Not quite. The new technology is promising, but environmentally risky...
May 31, 2011 | Defining Ideas (Hoover Institution)
Reforms? What Reforms?
Cass Sunstein’s regulatory fiddling...
May 25, 2011 | Defining Ideas (Hoover Institution)
The "Fair" Trade Delusion
Why won’t the president move forward on bilateral free trade agreements...?
May 18, 2011 | Defining Ideas (Hoover Institution)
Is Jerusalem Part of Israel?
Congress says yes. The State Department says no. So what’s U.S. policy...?
May 11, 2011 | Defining Ideas (Hoover Institution)
Executive Discretion on Steroids
Beware of government actions aimed at "virtuous" ends...
May 9, 2011 | K12Innovation.com
Closing the Door on Innovation: Why One National Curriculum is Bad for America
A Critical Response to the Shanker Institute Manifesto and the U.S. Department of Education’s Initiative to Develop a National Curriculum and National Assessments Based on National Standards...
May 4, 2011 | Defining Ideas (Hoover Institution)
Repeal Title IX
Federal intervention in college sports remains a disastrous mistake...
April 26, 2011 | Defining Ideas (Hoover Institution)
Senseless in Seattle
The Obama administration tells Boeing how to run its business...
April 19, 2011 | Defining Ideas (Hoover Institution)
Let the Rich Get Richer
Income redistribution will not solve our nation’s budgetary problems...
April 11, 2011 | Defining Ideas (Hoover Institution)
Supreme Silence
Why did the conservative majority duck a hard question in the Arizona Christian school choice case...?
April 4, 2011 | Defining Ideas (Hoover Institution)
Wal-Mart’s Class Action Conundrum
Why employment discrimination and class action laws don’t mix...
March 22, 2011 | Defining Ideas (Hoover Institution)
The Road to Nuclear Hell
…is paved with good intentions—and faulty calculations of risk...
March 15, 2011 | Defining Ideas (Hoover Institution)
The Follies of Rent Control
Our federal courts have made a pig's ear of property rights...
March 7, 2011 | Defining Ideas (Hoover Institution)
Abusing a Dead Marine
Why did the Supreme Court place free speech on a pedestal...?
March 2, 2011 | Defining Ideas (Hoover Institution)
Throttled by Compliance
Feckless regulations will kill America’s innovative spirit...
February 22, 2011 | Defining Ideas (Hoover Institution)
The Wisconsin Shoot Out on Public Unions
The road to economic growth and fiscal order requires ending all collective bargaining arrangements in all states...
February 15, 2011 | Defining Ideas (Hoover Institution)
Fire the FDA Now
Congress should strip the FDA of its gatekeeper role for new drugs...
February 8, 2011 | Defining Ideas (Hoover Institution)
Let’s Kill All the Jobs
Until the president abandons his pro-union policies, our jobless recovery will continue apace...
February 2, 2011 | Defining Ideas (Hoover Institution)
Beware of the Green Energy Crusade
Regulating pollution is necessary. But we must get subsidies and penalties right...
January 24, 2011 | Defining Ideas (Hoover Institution)
Too Moderately Moderate
Obama’s rhetoric sounds conservative, but his policies are as liberal as ever...
January 18, 2011 | Defining Ideas (Hoover Institution)
Classical Liberalism: The Best Antidote to Incivility
In the partisan aftermath to Tucson, let’s remember that we have better political alternatives than Krugman’s caricature of capitalism...
January 18, 2011 | Free State Foundation
Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property
The proper mix in a sound governance regime inclines sharply in one direction: 90% property and 10% regulation. Some words of explanation are in order...
January 9, 2011 | Defining Ideas (Hoover Institution)
Robert Reich: Obama's False Friend
President Obama should ignore his strident critics on the left and continue to ease to the center...
January 2, 2011 | Defining Ideas (Hoover Institution)
The Tale of How Insulin Came to Market
This inspiring story proves that medical innovation occurs in spite of, not because of, government regulators like the FDA...
September 17, 2009 | ForaTv
Richard Epstein: Breaking Down Healthcare Reform
Richard Epstein, professor of law at The University of Chicago, discusses the current proposal for healthcare reform...
June 30, 2009 | On Point (NPR)
Affirmative Action After Ricci
The Supreme Court has ruled in favor of white firefighters in New Haven, Connecticut, reversing a decision endorsed by Judge Sonia Sotomayor...
June 29, 2009 | KQED
Supreme Court: End of Term
Today, on the last day of a term which started in October, the U.S. Supreme Court will issue the final opinions of the year...
June 1, 2009 | EconTalk
Epstein on the Rule of Law
Richard Epstein of the University of Chicago and Stanford University's Hoover Institution talks with EconTalk host Russ Roberts about the rule of law...
May 26, 2009 | Corner (National Review Online)
Trapped in His Own Delusions: Senator Leahy on the Sotomayor Nomination
Sen. Pat Leahy’s endorsement of Sonia Sotomayor gives vivid testimony to all that is wrong with senatorial politics on judicial nominees to the Supreme Court...
May 26, 2009 | New York Times
Sotomayor: Does Biography Matter?
President Obama announced on Tuesday that he will nominate Sonia Sotomayor, a federal appeals court judge in New York, to fill the vacancy on the Supreme Court...
April 3, 2009 | Uncommon Knowledge
Crisis & the Law with Richard Epstein: Chapter 5 of 5
Richard Epstein discusses the constitutionality of several hot items on the congressional agenda, including card check...
April 2, 2009 | Uncommon Knowledge
Crisis & the Law with Richard Epstein: Chapter 4 of 5
Richard Epstein, who has dealt professionally with Barack Obama in the past, describes the talents and shortcomings of the 44th president...
April 1, 2009 | Uncommon Knowledge
Crisis & the Law with Richard Epstein: Chapter 3 of 5
Richard Epstein rates the separate responses of the Bush and Obama administrations to the financial crisis...
March 31, 2009 | Uncommon Knowledge
Crisis & the Law with Richard Epstein: Chapter 2 of 5
Richard Epstein discusses the financial crisis, determining that “government incentives were perverse, so the actions of the private parties were perverse.”...
March 30, 2009 | Uncommon Knowledge
Crisis & the Law with Richard Epstein: Chapter 1 of 5
Richard Epstein considers the soundness of contracts and the constitutionality of taxing bonuses at a rate of 90 percent...
March 25, 2009 | Manhattan Institute
The Employee Free Choice Act: Free Choice or No Choice for Workers
The National Labor Relations Act of 1935 marked a major departure from common law principles, which were modified but not rejected with the passage of the Taft-Hartley Act in 1947...
February 16, 2009 | Wrap (CA)
Are Unions Still Necessary? A Conversation With Labor Specialist Richard Epstein
Richard Epstein, professor of law and director of the Law and Economics Program at the University of Chicago, has written columns arguing against the Card Check bill for Forbes and the Wall Street Journal, calling the bill "unconstitutional" and "a job killer of the first magnitude."...
November 3, 2008 | EconTalk
Richard Epstein on Happiness, Inequality, and Envy
Richard Epstein of the University of Chicago talks with EconTalk host Russ Roberts about the relationship between happiness and wealth, the effects of inequality on happiness, and the economics of envy and altruism...
April 11, 2008 | University of Chicago Law School Faculty Blog
Audio/Video: Richard Epstein Debates Whether Health Care is a Right
On April 9 the Miller Center of Public Affairs at the University of Virgina held an event in their National Discussion and Debate Series at Boston's historic Faneuil Hall...
March 17, 2008 | University of Chicago Law School Faculty Blog
Audio/Video from the Cato Institute: Epstein on Supreme Neglect
On March 6, Richard Epstein discussed his new book, Supreme Neglect: How to Revive Constitutional Protection for Private Property during an event at the Cato Institute in Washington, D.C...
February 22, 2008 | Federalist Society
SCOTUScast 2-22-08 featuring Richard Epstein
On February 20, 2008 the Supreme Court decided two cases about federal preemption: Riegel v. Medtronic and Rowe v. New Hampshire...
January 17, 2008 | Regulation (Cato Institute)
The Property Rights Movement and Intellectual Property
The fall issue of Regulation contains a provocative attempt by University of California, Berkeley law professor Peter Menell to discredit what he calls the property rights movement (prm) for its supposed “absolutist” stance on intellectual property (“Intellectual Property and the Property Rights Movement”)...
November 10, 2007 | Point of Law
New Epstein podcast
Distinguished visiting scholar Richard Epstein has recorded the second in his series of podcasts for the Manhattan Institute, once again interviewed by our own Jim Copland...
September 17, 2007 | EconTalk
Epstein on Property Rights, Zoning and Kelo
Richard Epstein, of the University of Chicago and Stanford's Hoover Institution, makes the case that many current zoning restrictions are essentially "takings" and property owners should receive compensation for the last value of their land...
August 22, 2007 | Point of Law
Cambridge v. Chicago: An Answer To Dr. Arnold Relman's New Republic Review of Overdose
In a recent issue of the New Republic, Arnold Relman, a former Editor-in-Chief of the New England Journal of Medicine, offered a most unflattering review of my recent book, Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press, 2006)...
July 30, 2007 | University of Chicago Law School
Epstein CBI: Intuition, Custom and Protocol
It's been a while since we brought you a podcast, so here goes...
June 4, 2007 | American Enterprise Institute
Federal Preemption: Principles and Politics
Once-esoteric questions over the federal preemption of state law are now the subject of a prominent, politically charged debate...
December 7, 2006 | University of Chicago Chronicle
Opine
This week, Richard Epstein, the James Parker Hall Distinguished Service Professor in the Law School, is of the opinion...
September 26, 2006 | Wall Street Journal
Citywide Minimum-Wage Rules:
On Sept. 11, Chicago Mayor Richard M. Daley used the first veto of his 17-year tenure to reject an ordinance aimed at forcing big retailers to pay wages of $10 an hour and health benefits equivalent to $3 an hour by 2010...
September 11, 2006 | EconTalk
Legislators vs. Wal-Mart
Russ Roberts and Richard Epstein discuss the attempts to use legislation to handicap Wal-Mart...
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