Richard A. Epstein

Peter and Kirsten Bedford Senior Fellow
Awards and Honors:
American Academy of Arts and Sciences
Biography: 

Richard A. Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, is the Laurence A. Tisch Professor of Law, New York University Law School, and a senior lecturer at the University of Chicago.

In 2011, Epstein was a recipient of the Bradley Prize for outstanding achievement. In 2005, the College of William & Mary School of Law awarded him the Brigham-Kanner Property Rights Prize.

Epstein researches and writes in a broad range of constitutional, economic, historical, and philosophical subjects. He has taught administrative law, antitrust law, communications law, constitutional law, corporation criminal law, employment discrimination law, environmental law, food and drug law, health law, labor law, Roman law, real estate development and finance, and individual and corporate taxation.

He edited the Journal of Legal Studies (1981–91) and the Journal of Law and Economics (1991–2001).

Epstein’s most recent publication is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). Other books include Design for Liberty: Private Property, Public Administration, and the Rule of Law (2011); The Case against the Employee Free Choice Act (Hoover Institution Press, 2009); Supreme Neglect: How to Revive the Constitutional Protection for Private Property (2008); How the Progressives Rewrote the Constitution (2006); Overdose (2006); and Free Markets under Siege: Cartels, Politics, and Social Welfare (Hoover Institution Press, 2005).

He received a BA degree in philosophy summa cum laude from Columbia in 1964; a BA degree in law with first-class honors from Oxford University in 1966; and an LLB degree cum laude, from the Yale Law School in 1968. Upon graduation he joined the faculty at the University of Southern California, where he taught until 1972. In 1972, he visited the University of Chicago and became a regular member of the faculty the following year.

He has been a senior fellow at the MacLean Center for Clinical Medical Ethics since 1984 and was elected a fellow of the American Academy of Arts and Sciences in 1985. He has been a Hoover fellow since 2000.

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Recent Commentary

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Textualism? It Has Its Limits

by Richard A. Epsteinvia Hoover Digest
Monday, July 9, 2018

Even the most faithful judges sometimes have to read between the lines.

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Donald Trump’s Trade Travesty

by Richard A. Epsteinvia Defining Ideas
Monday, July 2, 2018

Presidential hubris is no substitute for rational policy.

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SCOTUS Breaks From New Deal Mode With Unions Ruling

by Richard A. Epsteinvia The Hill
Sunday, July 1, 2018

Justice Anthony Kennedy has retired from the United States Supreme Court the day on which he was in the five-member majority in what may turn out to be the most consequential decision of the term — Janus v. American Federation of State, County and Municipal Employees.

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Why Tax Rates Matter More Than Taxes

by John H. Cochrane, Richard A. Epsteinvia PolicyEd
Wednesday, June 27, 2018

Marginal tax rates – how much someone is taxed on the next dollar they earn – affect how much people work, save, and invest. Everyone is affected by their marginal tax rate, and lower marginal tax rates lead to more rapid economic growth.

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Getting It Wrong On Cell Phone Searches

by Richard A. Epsteinvia Defining Ideas
Monday, June 25, 2018

A confused Supreme Court upsets the balance between liberty and security.

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Harassment Gone Haywire

by Richard A. Epsteinvia Defining Ideas
Monday, June 18, 2018

Pleas for gender and racial parity threaten to upend science research.

USS Bataan (LHD-5), a Wasp-class amphibious assault ship.
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An Ill-Conceived New Wave Of Asbestos Liability

by Richard A. Epsteinvia Defining Ideas
Monday, June 11, 2018

Legal theories of causation dictate that ‘bare metal’ cases be tossed out of court.

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Pardon Me, Said The President To Himself

by Richard A. Epsteinvia The Wall Street Journal
Tuesday, June 5, 2018

[Subscription Required] President Trump shocked the nation Monday by announcing via Twitter: “I have the absolute right to PARDON myself.” Many of his liberal critics deny he holds this power. But their disdain has led to faulty constitutional analysis.

Analysis and Commentary

Symposium: The Worst Form Of Judicial Minimalism — Masterpiece Cakeshop Deserved A Full Vindication For Its Claims Of Religious Liberty And Free Speech

by Richard A. Epsteinvia SCOTUSblog
Monday, June 4, 2018

Today, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court issued a narrow decision that commanded the support of seven justices. The main opinion was written by Justice Anthony Kennedy, who in 2015’s Obergefell v. Hodges held that the equal protection clause protects the right of same-sex couples to marry. 

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A Frontal Assault On Social Media

by Richard A. Epsteinvia Defining Ideas
Monday, June 4, 2018

The European Union’s GDPR is both redundant and disastrous.

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