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Hoover Daily Report items by Richard A. Epstein

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April 15, 2014 | Defining Ideas (Hoover Institution)

The Many Problems With "Equal Pay"

April 8, 2014 | Defining Ideas (Hoover Institution)

"Oligarchs United"? Not So Fast.

March 31, 2014 | Defining Ideas (Hoover Institution)

Beware of Patent Reformers

March 25, 2014 | Defining Ideas (Hoover Institution)

The Wrong Way to Combat Poaching

March 18, 2014 | Defining Ideas (Hoover Institution)

California Snubs Free Trade

March 11, 2014 | Defining Ideas (Hoover Institution)

Our Property Principle

March 4, 2014 | Defining Ideas (Hoover Institution)

When Our Government Commits Fraud

February 25, 2014 | Defining Ideas (Hoover Institution)

Minimum Wage Hype

February 18, 2014 | Defining Ideas (Hoover Institution)

Reckless Unions

February 11, 2014 | Defining Ideas (Hoover Institution)

Rethinking the Contraceptive Mandate

February 4, 2014 | Defining Ideas (Hoover Institution)

My Rand Paul Problem

January 21, 2014 | Defining Ideas (Hoover Institution)

The Problem With Net Neutrality

January 14, 2014 | Defining Ideas (Hoover Institution)

How Democrats Kill Jobs

January 7, 2014 | Defining Ideas (Hoover Institution)

An American in India

December 17, 2013 | Defining Ideas (Hoover Institution)

The Constitution’s Vanishing Act

December 10, 2013 | Defining Ideas (Hoover Institution)

The Incorrigible President Obama

December 5, 2013 | Forbes.com

Rep. Goodlatte's Patent Reform Will Smother Technological Innovation

One of the most common villains today is the patent troll.
December 3, 2013 | Defining Ideas (Hoover Institution)

The Classical Liberal Constitution

November 26, 2013 | Defining Ideas (Hoover Institution)

Janet Yellen’s Challenge

November 19, 2013 | Defining Ideas (Hoover Institution)

Obamacare’s Death Spiral

November 12, 2013 | Defining Ideas (Hoover Institution)

An Unconstitutional Bonanza

November 5, 2013 | Defining Ideas (Hoover Institution)

Obamacare’s Moral Blindness

October 29, 2013 | Defining Ideas (Hoover Institution)

In Defense of JP Morgan

October 21, 2013 | Ricochet

Let The Redskins Play On

October 22, 2013 | Defining Ideas (Hoover Institution)

The EPA Gets High on Greenhouse Gases

October 14, 2013 | Defining Ideas (Hoover Institution)

The Obamacare Train Wreck

October 8, 2013 | Defining Ideas (Hoover Institution)

Unions Take High Culture Hostage

October 1, 2013 | Defining Ideas (Hoover Institution)

Government Overreach Threatens Lives

September 24, 2013 | Defining Ideas (Hoover Institution)

Dodd-Frank Strikes Again

September 17, 2013 | Defining Ideas (Hoover Institution)

Syria and American Leadership

September 10, 2013 | Defining Ideas (Hoover Institution)

Getting Environmental Regulation Right

September 4, 2013 | Defining Ideas (Hoover Institution)

Down With The Living Wage

August 27, 2013 | Defining Ideas (Hoover Institution)

The Dream Derailed

August 21, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Putting a Stop to Stop and Frisk

August 20, 2013 | Defining Ideas (Hoover Institution)

"The Butler" Distorts Race Relations

August 13, 2013 | Defining Ideas (Hoover Institution)

Richmond’s Mortgage Heist

August 8, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Energy and the Economy

August 6, 2013 | Defining Ideas (Hoover Institution)

The Dick Durbin Debit Card Fiasco

July 30, 2013 | Defining Ideas (Hoover Institution)

Obama's Middle Class Malaise

July 22, 2013 | Defining Ideas (Hoover Institution)

Justice for Trayvon Martin?

July 16, 2013 | Defining Ideas (Hoover Institution)

Grand Theft Treasury

July 9, 2013 | Defining Ideas (Hoover Institution)

The Myth of a Pro-Business SCOTUS

July 5, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Freedom, the Founding, and the Fourth

July 2, 2013 | Defining Ideas (Hoover Institution)

Supreme Gay Fumble

June 27, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: The Supreme Court and Gay Marriage

June 25, 2013 | Defining Ideas (Hoover Institution)

The Perils of Protection

June 18, 2013 | Advancing a Free Society

Immigration Reform: Toward Free Trade in Labor

June 18, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: In Defense of the NSA

June 11, 2013 | Defining Ideas (Hoover Institution)

Trolling for “Patent Trolls”

June 4, 2013 | Defining Ideas (Hoover Institution)

Leading From Behind in Syria?

May 30, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Apple, Taxes, and Competition

May 29, 2013 | Defining Ideas (Hoover Institution)

The Apple Show Trial

May 24, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Why Big Government Is Abusive Government

May 23, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Trouble at the Internal Revenue Service

May 21, 2013 | Defining Ideas (Hoover Institution)

The Real Lesson of the IRS Scandal

May 15, 2013 | ForeignPolicy.com

Obama's Self-Inflicted Scandal

May 16, 2013 | Defining Ideas (Hoover Institution)

The Libertarian: Trouble at the Internal Revenue Service

May 14, 2013 | Defining Ideas (Hoover Institution)

Watching Obamacare Unravel

May 10, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Immigration Reform

May 7, 2013 | Defining Ideas (Hoover Institution)

The Way Forward in Bangladesh

May 5, 2013 | Wall Street Journal

Book Review: The Rule of Lawyers

April 30, 2013 | Defining Ideas (Hoover Institution)

Civil Liberties After Boston

April 23, 2013 | Defining Ideas (Hoover Institution)

Searches and Seizures: Reasonable or Unreasonable?

April 18, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: National Security and Torture

April 16, 2013 | Defining Ideas (Hoover Institution)

Down With Paid Sick Leave

April 11, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Margaret Thatcher: Titan of the Twentieth Century

April 9, 2013 | Defining Ideas (Hoover Institution)

The Economic Ignorance of Barack Obama

April 5, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Economic Armageddon—Fact or Fiction?

April 2, 2013 | Defining Ideas (Hoover Institution)

The Persecution of Joseph Bruno

March 22, 2013 | Defining Ideas (Hoover Institution)

Gay Marriage and the Libertarian’s Dilemma

March 19, 2013 | Defining Ideas (Hoover Institution)

The End of Innovation?

March 14, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: The Voting Rights Act

March 12, 2013 | Defining Ideas (Hoover Institution)

The Mirage of Racism

March 8, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Responding to Natural Disasters

March 5, 2013 | Defining Ideas (Hoover Institution)

Now Hiring Ex-Cons

February 26, 2013 | Defining Ideas (Hoover Institution)

Is Employment a “Human Right”?

February 19, 2013 | Defining Ideas (Hoover Institution)

In Praise of Income Inequality

February 14, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Property Rights and the Environment

February 12, 2013 | Defining Ideas (Hoover Institution)

The Boy Scouts Dilemma

February 5, 2013 | Defining Ideas (Hoover Institution)

America’s Favorite Golfer Gets Fleeced

January 29, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: Defining Classical Liberalism

January 29, 2013 | Defining Ideas (Hoover Institution)

The End of Charity?

January 23, 2013 | Defining Ideas (Hoover Institution)

The Libertarian Podcast: President Obama's Second Inaugural Address (podcast)

January 22, 2013 | Defining Ideas (Hoover Institution)

Unions vs. Our Kids

January 15, 2013 | Defining Ideas (Hoover Institution)

The Age of Administrative Excess

January 2, 2013 | Defining Ideas (Hoover Institution)

When Government Takes You Hostage

January 8, 2013 | Defining Ideas (Hoover Institution)

Our Obsolete Constitution?

December 18, 2012 | Defining Ideas (Hoover Institution)

The End of Unions?

December 11, 2012 | Defining Ideas (Hoover Institution)

Memo to SCOTUS: Cut the FDA Down to Size

December 4, 2012 | Defining Ideas (Hoover Institution)

Google: A Threat to Civil Liberties?

November 27, 2012 | Defining Ideas (Hoover Institution)

Drone Wars

November 20, 2012 | Defining Ideas (Hoover Institution)

The Flat Tax Solution

November 13, 2012 | Defining Ideas (Hoover Institution)

One Nation, Under Compromise?

November 5, 2012 | Defining Ideas (Hoover Institution)

The Libertarian’s Dilemma

October 31, 2012 | Defining Ideas (Hoover Institution)

The Last Gasp of Union Power

October 30, 2012 | Los Angeles Times

It's the Economy, Supreme Court!

October 24, 2012 | Defining Ideas (Hoover Institution)

The Obamacare Election

October 16, 2012 | Defining Ideas (Hoover Institution)

The New Yorker's Closet Libertarian

October 9, 2012 | Defining Ideas (Hoover Institution)

The Affirmative Action Quagmire

October 2, 2012 | Defining Ideas (Hoover Institution)

David Brooks, You're Wrong.

September 25, 2012 | Defining Ideas (Hoover Institution)

How to Stymie the Teachers Unions

September 18, 2012 | Defining Ideas (Hoover Institution)

John Locke’s Lesson for the Arab World

September 11, 2012 | Defining Ideas (Hoover Institution)

The Preacher-in-Chief

September 4, 2012 | Defining Ideas (Hoover Institution)

When Government Distorts the Truth

August 28, 2012 | Defining Ideas (Hoover Institution)

Paul Ryan’s Intellectual Muse

August 21, 2012 | Defining Ideas (Hoover Institution)

Franklin Delano Obama

August 15, 2012 | Chicago Tribune

Patents are not the enemy (Registration Required)

August 14, 2012 | Defining Ideas (Hoover Institution)

The Obamacare Quagmire

August 7, 2012 | Defining Ideas (Hoover Institution)

Thomas Friedman's Fracking Fallacy

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...
July 30, 2012 | National Review

By the Roots (Registration Required)

July 31, 2012 | Defining Ideas (Hoover Institution)

Richard Posner Gets It Wrong

July 24, 2012 | Defining Ideas (Hoover Institution)

Will Banning Guns Prevent Another Aurora?

July 17, 2012 | Defining Ideas (Hoover Institution)

How Unions Violate Free Speech

July 10, 2012 | Defining Ideas (Hoover Institution)

The Supreme Court’s Other Bogus Ruling

June 29, 2012 | Defining Ideas (Hoover Institution)

What Was Roberts Thinking?

June 29, 2012 | New York Times

A Confused Opinion

June 26, 2012 | Defining Ideas (Hoover Institution)

A Taste of Government-Run Healthcare

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 24, 2010 | Forbes.com

Rand Paul's Wrong Answer

What he should have said to Rachel Maddow...

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. . . .

February 2, 2010 | Forbes

Disorder In The Court

Litigation is no solution to global warming. . . .

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 14, 2009 | Forbes

Are We All Keynesians Now?

Examining Paul Samuelson's legacy. . . .

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 25, 2009 | Forbes

Medieval Libertarians

Enough for the moment of current affairs!...

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 9, 2008 | Forbes

Hayek, Not Gerstner

A three-count indictment of educational reform...

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 21, 2008 | Forbes

The Obama I (Don't) Know

My Obama number is one...

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.” ...

March 24, 2008 | Forbes

The Taking of Port Chester

This is America....

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

July 30, 2012 | Ricochet

Why No One Should Celebrate Title IX

July 17, 2012 | Ricochet

Has Legal Education Lost Its Way?

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

April 14, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:19)

March 28, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:49)

March 7, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:04)

Gene Marks, NYT; Seb Gorka, NDU; Richard Epstein, Hoover
March 5, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:08)

LouAnn Hammond, DrivingtheNation.com. Kori Schake, Hoover and Politico; Natl Security Advisor (defense) to Pres G W Bush. Richard A Epstein, Hoover Institution Defining Ideas, and Chicago Law. Amos Guiora, University of Utah.
February 24, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show

Richard A Epstein, Hoover Institution, Chicago Law. John Bolton, AEI. Robert Zimmerman, behindtheblack.
February 20, 2014 | Wall Street Journal Live

Richard Epstein on Opinion Journal (Net Neutrality)

February 20, 2014 | Wall Street Journal Live

Richard Epstein on Opinion Journal (Pensions)

February 14, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:01)

Bret Stephens, WSJ Global View. Richard A Epstein, Defining Ideas Hoover Institution. 
February 7, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:44)

Mona Charen, NRO; Bill Whalen, Hoover; Richard Epstein, Hoover.
February 3, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:49)

Guests: Michael Daly, TheDailyBeast. Josh Rogin, TheDailyBeast. Richard A Epstein, Hoover.
January 29, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:46)

Steve Cohen, NYU. Richard Epstein, Hoover.  
January 24, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (27:26)

Carson Bruno, Hoover. John Tamny, RealClearMarkets.com. Richard Epstein, Hoover.
January 10, 2014 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:30)

Guests:   Josh Rogin, The Daily Beast. Peter Coy, Bloomberg BusinessWeek.  Richard A Epstein, Hoover Institution, Chicago Law.  
December 16, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:25)

Manny Fernandez, NYT; John Tamny, RealClearMarkets.com; Richard Epstein, Hoover.
December 5, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:17)

Guests: Daniel Henninger, WSJ. Kori Schake, Hoover Shadow Government. Richard A Epstein, Hoover Institution, Chicago Law.  
November 21, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:22)

Guests: Malcolm Hoenlein, Conference of Presidents. Dore Gold, Jerusalem Center for Public Affairs. Richard A Epstein, Hoover. 
November 15, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

Guests:  Richard A Epstein, Hoover. Ann Gibbons, Science magazine. Todd Shields, Bloomberg.  
October 18, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (1:43)

Guests: Richard A Epstein, Hoover Institution. Gregory Copley, author. Lorraine Woellert, Bloomberg.
October 16, 2013 | Boise Weekly (Idaho)

On the Contrary: Richard Epstein

"My students tell me, 'You're a freak of nature. Don't expect us to be like you.' When I teach, I never use notes; I just keep going, keep pushing."
September 19, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:22)

Guests: Daniel Henninger, WSJ WONDER LAND. Jeff Bliss, The Bliss Index. Richard A Epstein, Hoover Institution Defining Ideas, & Chicago Law.
September 13, 2013 | Wall Street Journal Live

Richard Epstein on Opinion Journal

September 13, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:59)

September 6, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:53)

Guests: Peter Coy, Bloomberg Businessweek; David Drucker, WashingtonExaminer.com, Richard Epstein, Hoover.
August 30, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:41)

Guests: Christopher Harmer, Institute for the Study of War; Mary Anastasia O'Grady, WSJ; Richard Epstein, Hoover.
August 29, 2013 | NewsMax

Richard Epstein on the Steve Malzberg Show

President Barack Obama's ideas about capitalism and employment are skewed and double down on failure, according to Richard Epstein, a senior fellow at the Hoover Institution.
August 23, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:54)

Guests: Sebastian Gorka, FDD. Liz Peek, Fiscal Times, and National Review. Richard A Epstein, Hoover and Chicago Law
August 16, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:37)

Guests: Sebastian Gorka, FDD; Liz Peek, Fiscal Times; Richard Epstein, Hoover.
August 9, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:41)

August 3, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

  Guests: Libertarian Chronicles: Richard A. Epstein, Hoover, in re: "Obama's Middle Class Malaise."
August 1, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

Guests: Richard A Epstein, Hoover Institution. Aaron David Miller, Woodrow Wilson International Center for Scholars. Eric Trager, Washington Institute.
July 29, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

Guest: Libertarian Chronicles: Richard Epstein: Why Is DOJ Investigating Zimmerman?
July 26, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:47)

Guests: Kori Schake, Hoover. Rodger Baker. Stratfor.com. Richard Epstein, Hoover. Eileen Norcross, Mercatus Center.
July 20, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

July 15, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

July 12, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:45)

July 3, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:29)

June 22, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

June 14, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

June 13, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:00)

June 2, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

June 1, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

May 31, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:14)

May 28, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:15)

May 23, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:22)

May 18, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

May 16, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:50)

May 13, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

May 11, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

May 6, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

April 26, 2013 | John Batchelor Show

Richard Epstein on The John Batchelor Show

April 25, 2013 | John Batchelor Show

Richard Epstein on The John Batchelor Show (31:39)

April 12, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

April 12, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show

April 5, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:08)

March 25, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:45)

March 14, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:21)

February 7, 2013 | Wall Street Journal TV

Richard Epstein on Opinion Journal (Wall Street Journal)

January 6, 2013 | John Batchelor Show

Richard Epstein on the John Batchelor Show (00:43)

December 17, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:16)

December 10, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (19:35)

November 20, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (1:06)

November 16, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (29:28)

October 19, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (20:02)

October 5, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show

September 21, 2012 | John Batchelor Show

Richard Epstein On The John Batchelor Show (1:00)

August 16, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (at 19:00)

August 7, 2012 | John Batchelor Show

Richard Epstein on the John Batchelor Show (at 18:57)

June 28, 2012 | John Batchelor Show

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 27, 2012 | Uncommon Knowledge

Obamacare & the Supreme Court with Richard Epstein & John Yoo: Chapter 5 of 5

Richard Epstein and John Yoo discuss the rule of law in our time and the future...
January 26, 2012 | Uncommon Knowledge

Obamacare & the Supreme Court with Richard Epstein & John Yoo: Chapter 4 of 5

Law professors and constitutional scholars Richard Epstein and John Yoo speculate about Supreme Court decisions in 2012 and censorship and the FCC...
January 25, 2012 | Uncommon Knowledge

Obamacare & the Supreme Court with Richard Epstein & John Yoo: Chapter 3 of 5

Richard Epstein and John Yoo discuss the political implications of taking on Obamacare in the Supreme Court...
January 24, 2012 | Uncommon Knowledge

Obamacare & the Supreme Court with Richard Epstein & John Yoo: Chapter 2 of 5

Richard Epstein and John Yoo on whether the Federal Government can threaten to withhold Federal grants in an effort to coerce states into carrying out the provisions of Obamacare...
January 23, 2012 | Uncommon Knowledge

Obamacare & the Supreme Court with Richard Epstein & John Yoo: Chapter 1 of 5

Richard Epstein and John Yoo examine the merits of various constitutional arguments for the striking down of Obamacare by the Supreme Court...
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

March 10, 2014 | EconTalk

Richard Epstein on Classical Liberalism, Libertarianism, and Lochner

Richard Epstein, of New York University and Stanford University's Hoover Institution, talks with EconTalk host Russ Roberts about the differences between classical liberalism and hard-line libertarianism. What is the proper role of the state? Topics discussed include the Constitution,...
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...