Libertarian

100 EpisodesProduced by Hoover Institution

The Libertarian podcast features a weekly conversation with Hoover senior fellow Richard Epstein on the issues of the day.

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Remembering Justice Stevens

July 19th, 2019

26:01

Richard Epstein looks back on the career of the late Justice John Paul Stevens, reviewing some of his most consequential judicial decisions.

Trump, Twitter, and the First Amendment

July 10th, 2019

20:57

Richard Epstein analyzes a recent Second Circuit decision that President Trump violated the First Amendment by blocking Twitter followers.

A Law Professor’s Fourth of July

July 3rd, 2019

26:30

Richard Epstein provides a thorough analysis of the intellectual history of both the Declaration of Independence and the Constitution.

Understanding Takings

June 28th, 2019

27:35

Richard Epstein provides an in-depth history of takings law, examining the protections against government appropriation of private property. Along …

A Crisis of Liberalism?

June 18th, 2019

19:38

A new strain of conservative intellectuals think an embrace of free-market economics should take a backseat to a more communitarian approach. At the …

Break Up Big Tech?

June 13th, 2019

22:59

Richard Epstein explains the parameters of antitrust law — and why the efforts to apply it to Google, Facebook, Apple, and Amazon are misguided.

Trump, Trade, and China

May 22nd, 2019

20:06

Richard Epstein considers whether Donald Trump has correctly assessed the threat from Chinese trade practices, analyzes whether widespread tariff …

Vaccination, Religious Liberty, and Public Health

May 15th, 2019

23:36

Richard Epstein examines the difficult legal and philosophical questions that emerge when widespread opt-outs from vaccination threaten herd immunity.

Russia Redux

May 9th, 2019

25:05

Richard Epstein breaks down the fight between the Justice Department and the House over the Mueller Report, providing a history of executive privilege (what it is, what it isn’t, and where it came from), an examination …

Showdown on Pennsylvania Avenue

May 3rd, 2019

21:26

As congressional Democrats accuse Attorney General William Barr of deliberate deception and Trump Administration officials refuse to honor congressional subpoenas, the executive and legislative branches find themselves …

The Mueller Report and its Aftermath

April 25th, 2019

18:13

Richard Epstein examines the controversies attending the Mueller Report and finds few heroes amidst the partisan squabbling.

The Reparations Debate

April 10th, 2019

15:49

Richard Epstein considers the practical and legal difficulties around setting up reparations payments, and explores alternatives that may be more …

God and Money at Yale

April 4th, 2019

20:50

Richard Epstein analyzes a controversial new policy at the Yale Law School that would withhold financial support from students who work with …

The Mueller Report

March 27th, 2019

17:28

Richard Epstein parses the conclusions of the Mueller report, the implications for the Trump Administration, and whether the investigation justified …

In Defense of the Electoral College

March 22nd, 2019

20:58

Richard Epstein explains how the Electoral College has morphed from the Founding Fathers’ intent — but why it is still the best way to pick a …

Anti-Semitism on the Left

March 15th, 2019

27:22

Richard Epstein grapples with a new wave of anti-semitism on the left, and explains why progressive notions of ‘tolerance’ often undermine pluralism.

Rent Control, Housing, and Economics

March 7th, 2019

22:16

Richard Epstein looks at the resurgent popularity of rent control, explains the factors driving high housing prices in some of America’s largest …

Green Book, Race, and Politics

March 1st, 2019

26:52

Richard Epstein uses the controversy over Green Book's best picture win to discuss how racial tension in America has become completely unmoored from the reality on the ground.

The Green New Deal

February 14th, 2019

26:27

Richard Epstein dismantles the Green New Deal’s assertions about climate change, agriculture, labor, diversity, and transportation.

The Rule of Law and Other People’s Money

February 12th, 2019

39:00

Hoover Institution fellows Richard Epstein and Adam White discuss Senator Elizabeth Warren’s call for an unprecedented “wealth tax,” and the constitutional problems that it raises. They also discuss the Supreme Court’s …

The New Progressive Agenda

February 7th, 2019

27:59

Richard Epstein looks at the policy ideas coming from potential Democratic presidential contenders, including a wealth tax, Medicare-for-all, the …

Harold Demsetz and the Legacy of the Chicago School

January 29th, 2019

20:38

Richard Epstein commemorates the passing of Harold Demsetz and explains the enduring influence that he and other figures that emerged from the …

Teacher Unions, Strikes, and Public Education

January 24th, 2019

19:59

Richard Epstein uses the recent strike in the L.A. Unified School District to explain the ways in which teacher unions often impede meaningful …

Emergency Powers and the Presidency

January 10th, 2019

17:54

Richard Epstein examines legal and historical evidence to determine whether President Trump’s could really build a border wall by declaring a …

Obamacare, Back in the Courts

December 20th, 2018

24:12

Richard Epstein examines a recent ruling out of Texas declaring that the entirety of Obamacare is unconstitutional.

Europe in Turmoil

December 14th, 2018

16:19

Richard Epstein considers a trio of European controversies — the UK’s struggle with Brexit, the fuel tax protests in France, and the backlash to immigration in Germany — and analyzes what it means for the future of …

Trump vs. GM

December 7th, 2018

21:25

Richard Epstein warns against the dangers of the president bullying private business, explains how attempts to help the working class could backfire, …

Free Speech and Campaign Finance

November 29th, 2018

25:55

Richard Epstein examines the state of campaign finance law, explains why disclosure laws may no longer be the remedy they were once thought to be, …

Why School Choice Matters

November 15th, 2018

17:32

Richard Epstein explains the economic rationale for school choice and considers the successes of the charter school sector.

Debating Birthright Citizenship

November 7th, 2018

22:36

Richard Epstein parses the argument that birthright citizenship is guaranteed by the Fourteenth Amendment, considers President Trump’s efforts to …

The Perils of Soft Socialism

October 30th, 2018

23:18

Richard Epstein examines the newly fashionable calls for “democratic socialism” in America, and explains what the effects of such an agenda would …

Climate Change and the IPCC

October 17th, 2018

22:28

Richard Epstein sheds light on the scientific and economic shortcomings of a new climate change report from the UN.

What’s Wrong with Administrative Law?

October 10th, 2018

21:08

Richard Epstein describes the pathologies of the modern administrative state, explores their historical genesis, and explains how the newest members …

California’s Diversity Quota

October 2nd, 2018

18:36

Richard Epstein examines the weaknesses of a new California law that requires a minimum number of women on corporate boards, and considers the dangers that accompany government-dictated diversity.

The Kavanaugh Controversy

September 21st, 2018

19:35

Richard Epstein examines the allegations made against Brett Kavanaugh by Christine Blasey Ford.

Trump and the Anonymous Op-Ed

September 13th, 2018

19:19

Richard Epstein reacts to the publication of an anonymous op-ed by a Trump Administration staffer detailing efforts to thwart the president’s agenda, examining the case for a DOJ investigation and the author’s …

The Kavanaugh Confirmation

September 6th, 2018

23:00

Richard Epstein responds to the arguments employed to discredit Brett Kavanugh’s candidacy for the Supreme Court and considers how the confirmation process has changed over the years.

Elizabeth Warren’s Surreptitious Socialism

August 30th, 2018

19:15

Richard Epstein describes how a new proposal to nationalize corporate regulation would devastate the American economy.

What Cohen Means for Trump

August 23rd, 2018

18:49

Richard Epstein explains what the guilty plea of former Trump lawyer Michael Cohen -- and the conviction of former Trump campaign manager Paul …

Harvard, Affirmative Action, and Diversity

August 17th, 2018

23:02

Richard Epstein examines a recent lawsuit by a group of Asian-American students who claim that Harvard systematically discriminates against them in the admissions process, explaining how current legal standards can …

Federalism and the Resistance

August 9th, 2018

24:04

Richard Epstein looks at current controversies about federalism — including over environmental regulation and immigration — and discusses the …

Regulating Big Tech?

August 2nd, 2018

27:03

Richard Epstein looks at proposals to regulate tech companies over antitrust, privacy and free speech issues — and takes a look at the tech world’s …

Fighting the Trade War

July 26th, 2018

21:32

Richard Epstein explains the shortcomings of President Trump’s trade policy, explores the best and worst-cases scenarios, and lays out the right — …

Trump, Putin, and the US-Russia Relationship

July 17th, 2018

22:14

Richard Epstein reacts to President Trump’s meeting with Vladimir Putin in Helsinki and explains how the Mueller investigation colors  the …

Judging Brett Kavanaugh

July 12th, 2018

22:39

Richard Epstein grades the choice of Brett Kavanaugh for a seat on the Supreme Court, critiques the current confirmation process, and explains why “judicial activism” and “judicial restraint” are frequently …

A New Era at the Supreme Court

June 27th, 2018

19:54

Richard Epstein reacts to the news that Anthony Kennedy is retiring from the Supreme Court, speculates on his possible replacements, and explains the …

The Kennedy Conundrum

June 21st, 2018

20:23

As has become an annual tradition in the Trump era, the end of another Supreme Court session brings rumors of Justice Anthony Kennedy’s impending retirement. In this episode, Richard Epstein looks at Justice Kennedy’s …

North Korea and Trump’s Foreign Policy

June 15th, 2018

17:03

Richard Epstein considers the pros and cons of America’s newfound diplomatic engagement with North Korea, and discusses related issues of trade, human rights, and presidential power. 

Religious Liberty and the Masterpiece verdict

June 11th, 2018

20:58

Richard Epstein explores the Supreme Court's ruling in the case of a Colorado baker who refused to make a cake for a gay marriage ceremony, critiques …

The (Self) Pardon Power?

June 7th, 2018

18:17

Richard Epstein explains what the Constitution says about President Trump's ability to pardon himself, grapples with the constitutional standards for …

Arbitration, Collective Bargaining, and the Supreme Court

June 1st, 2018

17:49

Richard Epstein reacts to the recent Supreme Court decision in Epic Systems Corp v. Lewis, defending the right of employers to use arbitration and avoid class action lawsuits.

Peace in the Middle East?

May 24th, 2018

22:49

Richard Epstein examines the recent violence in Gaza and explains the hopelessness of current Middle East peace initiatives.

Reasonable Disagreements: Trade-War Debate: Richard Epstein vs Adam White

May 23rd, 2018

37:15

On Sunday, Treasury Secretary Mnuchin announced that “we’re putting the trade war [with China] on hold.” Meanwhile the NAFTA renegotiations seem to …

Mueller’s Mistakes

May 8th, 2018

18:15

Richard Epstein analyzes the latest developments in the Russia investigation and delivers a withering judgment as to how the Mueller team has performed thus far.

North Korea, Iran, and American Foreign Policy

May 2nd, 2018

17:10

Richard Epstein analyzes Donald Trump’s recent gambits on North Korea and Iran, contrasts the Trump Administration’s approach to foreign policy with …

The Behaviorist Temptation

April 26th, 2018

20:26

Ten years after the release of Nudge, the volume that popularized behavioral economics, Richard Epstein considers the shortcomings of the behaviorist …

The Economics of Amazon

April 19th, 2018

17:16

Richard Epstein parses President Trump’s economic criticisms of Amazon — and examines a Supreme Court case that will determine how online retailers pay taxes. (Playing time: 17:16)

The Cohen Raid

April 11th, 2018

21:10

Richard Epstein breaks down the legal rationales that may — or may not — have justified the FBI raid on Donald Trump’s personal lawyer. He also examines the broader trajectory of the Mueller investigation. Whose job is …

The Unintended Consequences of Anti-Discrimination Laws

April 5th, 2018

20:23

Richard Epstein discusses the history behind America’s anti-discrimination laws and explains why they’re not well-suited for the modern economy. (Playing time: 20:23)

Repeal the Second Amendment?

March 29th, 2018

17:36

Richard Epstein reacts to former Supreme Court Justice John Paul Stevens’ suggestion that the Second Amendment be repealed — and explains why the …

The Public Pension Crisis

March 23rd, 2018

20:24

Richard Epstein explains how public pensions came to be a ticking time bomb for states and cities throughout the U.S., what the financial ramifications are, and why the road to reform is so perilous. (Playing time: …

Trade, Tariffs, and Trump

March 15th, 2018

18:13

Richard Epstein contrasts two recent actions by the Trump Administration — the imposition of tariffs on steel and aluminum, and the blocking of a foreign company’s attempts to take over an American tech firm — to …

Free Speech on College Campuses

March 8th, 2018

24:28

Richard Epstein looks at how attempts to suppress conservative speakers on college campuses intersects with the First Amendment, and calls on 50 …

The Supreme Court and Public Sector Unions

March 2nd, 2018

20:24

Richard Epstein looks at Janus v. AFSCME, a Supreme Court case out of Illinois with the potential to dramatically reduce the power of public sector unions. (Playing time: 20:24)

The Florida Shooting, Gun Control, and the Second Amendment

February 21st, 2018

23:45

In the aftermath of the Parkland shooting, Richard Epstein provides his legal analysis of where Second Amendment jurisprudence went wrong and …

The Future of Obamacare

February 15th, 2018

20:51

Richard Epstein describes a potentially groundbreaking healthcare case out of Idaho, where insurers are looking to give consumers more options than are currently allowed under the Affordable Care Act. (Playing time: …

The Nunes Memo and the Mueller Investigation

February 8th, 2018

19:20

Richard Epstein parses the memo recently released by Republicans on the House Intelligence Committee, a document that they claim shows impropriety in the FBI's investigation of the Trump campaign. (Playing time: 19:20)

Area 45: President Trump, From A Libertarian Perspective

February 6th, 2018

1:02:50

A funny thing happened to America’s libertarian movement – it expected a champion to emerge in the 2016 election; it may or may not have one in Donald Trump. Richard Epstein, the Hoover Institution’s Peter and Kirsten …

The Trump Agenda and the State of the Union

February 1st, 2018

17:52

Richard Epstein opines on whether Donald Trump or Barack Obama deserves more credit for the current economic expansion, then tackles the policy …

What The Post Gets Wrong About Free Speech

January 30th, 2018

20:36

Richard Epstein reviews how the new film The Post portrays the Supreme Court's free speech jurisprudence in the Pentagon Papers case. (Playing time: 20:36)

Climate Change, the Law, and Economics

January 19th, 2018

20:40

Richard Epstein analyzes a lawsuit several major cities are bringing against oil companies over climate change, explains the economic and scientific considerations necessary to seriously grapple with the issue, and …

The Trump Economy

January 12th, 2018

21:32

Richard Epstein examines the deregulatory progress being made by the Trump Administration, explains the new tax law's implication for blue states, …

How Housing Got So Expensive

December 20th, 2017

17:52

Richard Epstein explores how land use regulations have led to sky-high housing prices in some of America's largest cities. (Playing time: )

Privacy Rights in the Digital Age

December 14th, 2017

19:20

Richard Epstein examines Carpenter v. United States, a Supreme Court case testing the limits of the government's ability to engage in digital surveillance, and explains the ideal balance between liberty and security. …

Michael Flynn, Donald Trump, and the Russia Investigation

December 5th, 2017

19:44

Richard Epstein considers what Michael Flynn's recent guilty plea means for President Trump and his administration, rebutting many of the misleading claims that have emerged in recent press coverage. (Playing time: …

AT&T, Time Warner, and Antitrust

November 21st, 2017

17:58

Richard Epstein looks at the law -- and economics -- of the Justice Department's efforts to block AT&T's acquisition of Time Warner. (Playing time: 17:59)

Another Special Counsel?

November 15th, 2017

22:02

Richard Epstein responds to suggestions that the Justice Department may appoint a special prosecutor to probe corruption allegations around Hillary Clinton. Also on the docket: exactly how independent of presidential …

Analyzing the GOP Tax Plan

November 9th, 2017

19:08

Richard Epstein reacts to the tax plan released by congressional Republicans and explains what steps are most essential for jumpstarting economic growth. (Playing time: 19:08)

Manafort and the Russia Controversy

November 1st, 2017

16:44

Richard Epstein reacts to the indictments brought against Paul Manafort and Rick Gates, as well as to a guilty plea from former Trump aide George …

Whither NAFTA?

October 30th, 2017

18:44

Richard Epstein responds to the Trump Administration's proposals for revising NAFTA, answers some frequent criticisms of free trade, and explains …

Trump's Health Care Triumph

October 19th, 2017

19:54

Richard Epstein explains the contents of President Trump's new executive order on healthcare, explores the controversy around a White House proposal to cut subsidies to insurers, and explains why conservatives who …

The Trump Tax Plan

October 11th, 2017

16:41

Richard Epstein grades the Trump Administration's proposal for tax reform, explains the first principles of effective tax systems, and challenges the notion that progressivity is essential to an equitable tax code. …

Catalonia and the Secessionist Urge

October 4th, 2017

17:12

Richard Epstein uses the recent push for independence in Spain's Catalonia region to consider the question of when separatist movements are justified …

DACA and the Future of Immigration Policy

September 27th, 2017

17:05

Richard Epstein responds to the controversy over an Obama-era policy allowing children brought to the US. Illegally to stay in the country and …

The Single-Payer Fantasy

September 21st, 2017

18:56

Richard Epstein examines the Lefts' push for single-payer health care and explains why such systems are destined for failure. (Playing time: 18:57)

The Accidental Libertarian

September 8th, 2017

31:13

Richard Epstein traces the origins and evolution of his libertarian thinking over a half-century in the spotlight. (Playing time: 31:13)

The Arpaio Pardon

August 29th, 2017

17:55

Richard Epstein explores the history of the president's pardon power and examines whether former Maricopa County Sheriff Joe Arpaio was a worthy recipient of executive mercy. (Playing time: 17:56)

Afghanistan and the Trump Foreign Policy

August 25th, 2017

18:39

Richard Epstein analyzes President Trump's new plan for Afghanistan, the threat from North Korea, and how the US should respond to trade tensions …

Showdown in Charlottesville

August 17th, 2017

16:46

In the wake of violent protests in Charlottesville, Richard Epstein looks at the limits on government power to restrict inflammatory speech, …

The Google Controversy

August 10th, 2017

23:00

Richard Epstein responds to the controversy around Google's decision to fire an employee for a memo criticizing the company's diversity policy. …

No Exit from Obamacare?

August 3rd, 2017

18:50

Richard Epstein looks at the virtues and vices of the failed congressional plans to repeal and replace Obamacare, explains what comes next, and lays …

Trump, Sessions, and the Pardon Power

July 28th, 2017

18:07

Richard Epstein examines the most recent legal questions to emerge from the Trump White House: Could the president pardon himself? Was Jeff Sessions …

Buy American?

July 18th, 2017

18:22

Richard Epstein reacts to the Trump Administration's exhortations to "buy American" and tackles common misperceptions about international trade, NAFTA, trade deficits, and manufacturing. (Playing time: 18:22)

Religion, the First Amendment, and the Supreme Court

July 6th, 2017

19:17

Richard Epstein looks at a recent Supreme Court ruling that could have major implications for when and how religious institutions can access public …

Salvaging Health Care Reform

June 28th, 2017

20:26

Richard Epstein looks at the policy changes that would most effectively cure what ails American health care -- and responds to progressives calling …

An End to Gerrymandering?

June 21st, 2017

16:00

Richard Epstein looks at a case challenging gerrymandering in Wisconsin, which the Supreme Court has agreed to hear in its upcoming term. Because the Court has never previously struck down a redistricting plan on the …

Untangling the Russia Investigation

June 15th, 2017

20:33

Richard Epstein analyzes the latest developments surrounding the Trump Administration and the investigation into its potential ties to Russia. (Playing time: 20:33)

The Basket Case States

June 6th, 2017

16:25

Richard Epstein charts the decline of Illinois -- along with similarly situated states like Connecticut and California -- and demonstrates how bad …

Forget Paris?

June 1st, 2017

17:35

Criticizing both the science and the economics, Richard Epstein makes the case for withdrawing from the Paris Agreement on climate change. (Playing time: 17:35)

The Trump Allegations

May 17th, 2017

16:57

Richard Epstein looks at the political and legal fallout from allegations that President Trump may have disclosed classified information to Russian …

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