Libertarian

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

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

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

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

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

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

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

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

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 …

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 …

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

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

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

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

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 …

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

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

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.

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

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 …

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

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

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

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

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

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 …

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

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, …

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

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

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

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

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

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.

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

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 …

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.

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

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

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 …

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

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 …

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

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

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 …

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

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 …

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. 

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 …

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

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.

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

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

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.

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

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

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)

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 …

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)

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

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: …

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 …

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

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)

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

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: …

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)

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 …

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

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)

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 …

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

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

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. …

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: …

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)

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 …

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)

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 …

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

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 …

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. …

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

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

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

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

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)

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

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

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

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

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

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)

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

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

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 …

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

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

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)

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