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Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. In 2019-2021, he served as the Director of the State Department’s Policy Planning Staff, executive secretary of the department's Commission on Unalienable Rights, and senior adviser to the...
The Supreme Court's looming legitimacy crisis
Real Clear Politics calculates President Bush's average approval rating at 31 percent...
TAKING IT TO THE LIMIT: Takings and the Supreme Court
Should property owners be compensated for the effects of government regulation? According to the Fifth Amendment to the Constitution "No person shall … be deprived of … property, without due process of law; nor shall private property be taken for public use, without just compensation." But what exactly is a property right and what constitutes a taking? Seizure of land by the government may be a taking, but what about environmental or zoning regulations that place restrictions on land use? With one such taking case already before the Supreme Court, the legal battle over these questions could alter the very nature of the relationship between the rights of the individual property owner and those of society as a whole.
Why Big Government Is Abusive Government
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, looks at the IRS's abuse of the permit power and how that abuse also applies to the FDA, the EPA, and local zoning ordinances.
Intellectual Property and Innovation
Richard Epstein the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, discusses the flaws in the America Invents Act and considers how to create a patent system that more effectively fosters American innovation.
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”)...
Richard Epstein discusses Design for Liberty on NRO’s Between the Covers
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and the Laurence A. Tisch Professor of Law at New York University Law School, and a senior lecturer at the University of Chicago, discusses his latest book Design for Liberty: Private Property, Public Administration, and the Rule of Law.
Epstein discusses the Supreme Court’s review of Koontz v. St. Johns River Water Management District on the John Batchelor Show
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and a member of the John and Jean De Nault Task Force on Property Rights, Freedom, and Prosperity, speaks to the long-standing conflict between the constitutional protection of property rights and the state’s desire to protect its pristine wetlands, always in short supply, from destruction by real estate development.
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...
Triumph Of The Tea Party
Don't thank Republicans, business leaders or the media for saving the U.S. . . .