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100 EpisodesProduced by Hoover InstitutionWebsite

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

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What Constitutes a War Crime? | Libertarian: Richard Epstein | Hoover Institution

November 10th, 2023


Richard Epstein explains what constitutes a war crime and how Israel and Hamas differ in their culpability for the tragic loss of life among …

Life During War Time: Israel’s Fight For Hearts and Minds | Libertarian: Richard Epstein | Hoover Institution

October 27th, 2023


Richard Epstein responds to the argument that Hamas’s actions were justified because Israel is a colonizer, an occupier, and an apartheid state.

Word Salads and Rockets: Fighting Hamas On Campus and In Israel | Libertarian: Richard Epstein | Hoover Institution

October 20th, 2023


Richard Epstein discusses the pro-Hamas attitudes on college campuses and weighs in on Israel’s end goal for Hamas.

Moral Clarity on Hamas, Israel, and Terrorism | Libertarian: Richard Epstein | Hoover Institution

October 11th, 2023


Richard Epstein reacts to the terrorist acts committed by Hamas in Israel and the disappointing responses from many university student groups.

Free Delivery on Trial: Lina Khan and the FTC Go After Amazon | Libertarian: Richard Epstein | Hoover Institution

October 6th, 2023


Richard Epstein picks apart a new antitrust suit against Amazon brought by the FTC and several states for a lack of demonstrable harm to consumers or prices.

Labor Pains: The UAW Tests The Auto Maker’s Limits | Libertarian: Richard Epstein | Hoover Institution

September 22nd, 2023


Richard Epstein evaluates the demands of the United Auto Workers and judges the likelihood that their strike will end in success.

Learning To Be Civil Again | Libertarian: Richard Epstein | Hoover Institution

September 15th, 2023


Richard Epstein weighs in on recent attempts to revive the tradition of Western civilization in American universities.

Oyez, Professor Epstein: The Making of a SCOTUS Amicus Brief | Libertarian: Richard Epstein | Hoover Institution

September 8th, 2023


Richard Epstein takes us behind the scenes on the Amicus Brief he wrote with John Yoo about a Supreme Court case that has important implications for what kind of income is allowed to be taxed.

Say It Ain’t So, Joe: The Downsides of Bidenomics | Libertarian: Richard Epstein | Hoover Institution

August 31st, 2023


Richard Epstein contrasts President Biden’s economic policy with the Trump and Obama administrations, and judges the success of the Inflation …

Free Speech or Insurrection? The Legal Case Against Trump Holding Office Again | Libertarian: Richard Epstein | Hoover Institution

August 25th, 2023


Richard Epstein discusses a new legal argument that would prevent Donald Trump from ever holding office again and responds to guilty scenarios in …

Not So Peachy: Trump’s Georgia Indictment | Libertarian: Richard Epstein | Hoover Institution

August 17th, 2023


Richard Epstein dissects the Georgia RICO case brought against Donald Trump and 18 other defendants and finds several areas that may give the prosecution trouble as the case moves forward.

The House Is a Lonely Hunter: The GOP Investigates The Bidens | Libertarian: Richard Epstein | Hoover Institution

August 11th, 2023


Richard Epstein discusses the Justice Department’s case against Hunter Biden and the investigation by House Republicans into improper payments to the Biden family.

Fake Electors, Real Consequences: Trump’s Newest Indictment | Libertarian: Richard Epstein | Hoover Institution

August 3rd, 2023


Richard Epstein finds few defenses available for Donald Trump as the former president faces serious charges relating to conspiring to obstruct an election and defrauding the people of the United States.

303 Creative and the Hidden Costs of Protecting Free Speech | Libertarian: Richard Epstein | Hoover Institution

July 14th, 2023


Richard Epstein rates two recent Supreme Court cases on free speech and discusses the ACLU’s drift away from defending speech it disagrees with.

The Case(s) Against Affirmative Action | Libertarian: Richard Epstein | Hoover Institution

June 29th, 2023


Richard Epstein discusses the Supreme Court cases that struck down affirmative action in university admissions and provides the relevant history on the Equal Protection Clause of the 14th Amendment.

Law For Thee, But Not For Me: Thoughts On a Two Tiered Justice System | Libertarian: Richard Epstein | Hoover Institution

June 23rd, 2023


Richard Epstein discusses Hunter Biden’s plea deal, the House GOP’s censure of Adam Schiff, and ProPublica’s allegations about Justice Alito’s fishing trip.

Boxes In The Bathroom: The Trump Indictment Unpacked | Libertarian: Richard Epstein | Hoover Institution

June 15th, 2023


Richard Epstein discusses the facts of the case against Donald Trump, the legal and political defense strategies likely to be used, and why Hillary …

Alabama Overturned: The Court’s Voting Rights Act Case | Libertarian: Richard Epstein | Hoover Institution

June 9th, 2023


Richard Epstein discusses Allen v. Milligan, a surprising 5-4 decision on the Voting Rights Act decided by Roberts and Kavanaugh siding with the liberal justices.

Whose Default Is It? The Debt Ceiling Negotiations | Libertarian: Richard Epstein | Hoover Institution

May 23rd, 2023


Richard Epstein dissects the legal arguments in favor of ignoring the debt ceiling and pushes back on the notion that Congress nullified debt limits …

It’s Everyone’s Default: The Debt Ceiling Approaches | Libertarian: Richard Epstein | Hoover Institution

May 12th, 2023


Richard Epstein considers the consequences of the federal government defaulting on its debts, explains why attempts to use the 14th Amendment to …

Big Government Constrained: SCOTUS Tames The Administrative State | Libertarian: Richard Epstein | Hoover Institution

April 28th, 2023


Richard Epstein explains how a unanimous 9-0 Supreme Court decision to limit the administrative state is correct in its ruling but flawed in its …

You Compete Me: The Case for Keeping Non-Compete Agreements | Libertarian: Richard Epstein | Hoover Institution

April 22nd, 2023


Richard Epstein talks through his objections with the FTC’s proposed rule to ban non-compete agreements in the United States and provides clarity on …

Backing Bibi: Israel’s Judicial Overreaction | Libertarian: Richard Epstein | Hoover Institution

April 15th, 2023


Richard Epstein defends Israeli Prime Minister Benjamin Netanyahu’s proposed judicial reforms. Are critics right that they’re anti-democratic in …

Nothing To Bragg About: Epstein & Yoo On Manhattan DA’s Trump Indictment | Libertarian: Richard Epstein and John Yoo | Hoover Institution

April 5th, 2023


The indictment of Donald J. Trump was unsealed to an almost universally negative reaction—even those who want to see him behind bars. How likely is the case to be dropped before going to trial? What jurisdiction does …

Bragg Makes Indictments Great Again: Now What? | Libertarian: Richard Epstein | Hoover Institution

March 31st, 2023


Richard Epstein reacts to the news that Donald Trump has officially been indicted and discusses its effect on other ongoing investigations.

Indictment or Incitement? Another Trump Conundrum | Libertarian: Richard Epstein | Hoover Institution

March 22nd, 2023


Richard Epstein discusses the reports of an incoming indictment of Donald Trump and casts a skeptical eye on the severity of the case.

Too Big To Fail? Don’t Bank On it | Libertarian: Richard Epstein | Hoover Institution

March 17th, 2023


Richard Epstein diagnoses the errors that led Silicon Valley Bank to fail and discusses the inevitable rescue by the Treasury Department to prevent widespread contagion.

The Unforgiven: The End of The Road For Student Loan Amnesty | Libertarian: Richard Epstein | Hoover Institution

March 3rd, 2023


Richard Epstein reads the tea leaves on the likelihood that President Biden’s student loan forgiveness will be allowed to stand—regardless of the tricky standing issues highlighted by the administration.

State of the Re-Election Campaign | Libertarian: Richard Epstein | Hoover Institution

February 8th, 2023


Richard Epstein grades President Biden’s State of the Union address and disagrees with both parties’ unwillingness to reform major entitlement …

The 3 Percent Solution | Libertarian: Richard Epstein | Hoover Institution

January 27th, 2023


Richard Epstein discusses various states proposals for taxing wealth, the constitutionality of “exit taxes,” and the advantages of a consumption tax.

A Union Strike Gone Too Far? A Concrete Example | Libertarian: Richard Epstein | Hoover Institution

January 21st, 2023


Richard Epstein discusses a new case at the Supreme Court that involves tricky questions of purposeful harm from unions when going on strike for a …

The “Classified” Garage, Garland’s Midterm Grade, and the Best AG Ever | Libertarian: Richard Epstein | Hoover Institution

January 14th, 2023


Richard Epstein discusses the similarities and differences between Biden and Trump’s classified document troubles, then offers a discussion of his favorite attorneys general from the last fifty years.

Title 42 and Biden’s Border Disorder | Libertarian: Richard Epstein | Hoover Institution

January 6th, 2023


Richard Epstein untangles the various legal challenges to Title 42 and its pandemic-motivated border control policy, and speculates as to why the …

The Year in Review: Major Moves at Twitter, Trump, and the Supreme Court | Libertarian: Richard Epstein | Hoover Institution

December 17th, 2022


Richard Epstein reviews the biggest stories of 2022—from Twitter and free speech, to Dobbs and Affirmative Action, ending with Donald Trump and a future indictment.

Is the Supreme Court Becoming Too Powerful? | Libertarian: Richard Epstein | Hoover Institution

December 10th, 2022


Richard Epstein responds to complaints that the Supreme Court is becoming too active in response to executive overreach.

Speech That Isn’t Free: The New Authoritarianism At Universities | Libertarian: Richard Epstein | Hoover Institution

December 1st, 2022


Richard Epstein discusses a recent protest over a speaker at a Federalist Society event and provides guidelines for handling speech one finds offensive or threatening.

Election Surprise: Will the GOP Finally Dump Trump? | Libertarian: Richard Epstein | Hoover Institution

November 18th, 2022


Richard Epstein reacts to former President Trump’s 2024 bid, the lackluster showing by Republicans in the midterm elections, and proposals to learn from Florida’s rapid election system.

Will SCOTUS End Affirmative Action? | Libertarian: Richard Epstein | Hoover Institution

November 4th, 2022


Richard Epstein discusses the challenges to racial preferences at Harvard and the University of North Carolina that were heard at the Supreme Court …

Musky Midterms—A Preview for 2024? | Libertarian: Richard Epstein | Hoover Institution

October 29th, 2022


Richard Epstein discusses the upcoming midterm elections and the consequences of Elon Musk’s ownership of Twitter in the next presidential election.

Trump Gets Subpoenaed. Will He Testify? | Libertarian: Richard Epstein | Hoover Institution

October 14th, 2022


After a year of interviews, the Select Committee to Investigate the January 6th Attack on the Capitol unanimously voted to subpoena former president …

Supreme Court Preview: Gerrymandering, Voting Reform, and Regulating Big Tech | Libertarian: Richard Epstein | Hoover Institution

October 7th, 2022


Richard Epstein previews several high-profile cases in the new Supreme Court term, covering issues from the independent state legislature theory to the immunities granted to social media companies under Section 230.

Borderline Illegal or Immoral: Moving Migrants To Martha’s Vineyard

September 23rd, 2022


Richard Epstein discusses the controversial program of bussing migrants from border states to sanctuary cities. Is it illegal? How should the border …

Bigly: Will The DOJ Indict a Former President?

September 2nd, 2022


Richard Epstein discusses the FBI’s latest filing regarding the classified documents found at Mar-a-Lago and outlines the likely charges that will be brought against Trump.

Biden or Oprah? The Student Loan Giveaway

August 25th, 2022


Richard Epstein cuts through the legal arguments surrounding President Biden’s upcoming student loan forgiveness and judges its progressivity.

Thanks Obama: The Legal Problems Surrounding Chicago’s Proposed Presidential Center

August 19th, 2022


Richard Epstein navigates the legal challenges and financial woes facing the Obama Presidential Center as its problematic development continues.

Raiders of The Last President

August 9th, 2022


Richard Epstein reacts to the FBI raid on Trump’s Mar-a-Lago estate. What would justify a raid on a former president? When will its contents be made …

Will the Supreme Court Ban Affirmative Action?

August 5th, 2022


Richard Epstein elucidates the reasons why major businesses are urging the Supreme Court to allow affirmative action to stand in university admissions and clears up the controversial comments by Justice Thomas about …

Guns, Garland, Trump, and Term Limits: A Libertarian Potpourri

July 29th, 2022


Richard Epstein pushes back against California’s new gun law, the recent allegations that the Supreme Court is illiterate, and the idea that Donald …

Biden at the Border: The Battle Over Illegal Immigration

July 21st, 2022


Richard Epstein breaks down the recent Supreme Court decision Biden v. Texas and offers his proposals for stemming the flow of illegal border crossings.

Gerrymandering Election Control: Who Gets Final Say?

July 14th, 2022


Richard Epstein discusses the upcoming Supreme Court case Moore v. Harper and its possible effects on congressional districts, gerrymandering, and the 2024 presidential election.

What Would An Indictment of Trump Look Like?

June 29th, 2022


Richard Epstein walks through what an indictment of Trump would look like, previews arguments that would be made by defense attorneys, and …

Guns and God at the Supreme Court

June 24th, 2022


Richard Epstein covers two recent Supreme Court rulings on the right to bear arms and the prohibition of state funds for religious education.

Having Your Cake and Free Speech Too

June 16th, 2022


Richard Epstein evaluates an upcoming Supreme Court case about whether Colorado can shut down a small business for not serving everyone on the market.

Justice Targeted, Media Silent

June 10th, 2022


Richard Epstein discusses the arrest of a gunman in front of Justice Kavanaugh’s house and the media’s surprising level of coverage.

The Ball Isn’t in the SEC’s Courts Anymore

June 2nd, 2022


Richard Epstein calls for due process and explains why a ruling to limit the SEC is right, but for the wrong reasons.

Can Gun Control Prevent Mass Shootings?

May 25th, 2022


Richard Epstein discusses whether anything can be done to reduce or eliminate mass shootings in the United States and the likely response from the …

Giving Mickey Mouse to the Public

May 20th, 2022


Richard Epstein discusses Senator Josh Hawley’s proposal to retroactively reduce the length of Disney’s copyrights.

Big Row Over The Supreme Court “Roe” Leak

May 6th, 2022


Richard Epstein covers the biggest leak in modern Supreme Court history and discusses the legal merits of overturning Roe v. Wade.

Free Money! Joe Biden’s Bid To Forgive Student Loans

April 28th, 2022


Richard Epstein parses President Biden’s possible move to forgive student loans and whether the federal government should be in the business of …

Disney’s Costly Foray Into Politics

April 22nd, 2022


Richard Epstein discusses concerns that billionaires are too powerful in America and weighs in on the spat between Disney and Florida Governor …

Is Musk A Monopolist and Is Amazon Anti-Union?

April 15th, 2022


Richard Epstein hashes through Elon Musk's possible acquisition of Twitter and the worries of possible monopoly abuse it has raised. Plus, what …

Professor Epstein’s Potpourri: The Court, Some Pork, and a Dash of Musk

April 8th, 2022


Richard Epstein covers our new Supreme Court Justice’s legal background, California’s overreach on pork, Merrick Garland’s January 6th investigation, and Elon Musk’s new position on Twitter’s board.

The Heat Is On: A Change in Climate Policy at the SEC

March 31st, 2022


Richard Epstein discusses mission-drift from the Securities Exchange Commission and the wider push for climate change action at executive agencies.

Woke and Weak Week: Defining Women and Canceling Free Speech

March 25th, 2022


Richard Epstein responds to op-eds from major newspapers on free speech and cancel culture, and offers context on the current Supreme Court …

Free Speech In Law Schools: Why Many Students Deserve an “F” on The 1st Amendment

March 18th, 2022


Richard Epstein reacts to a recent protest at Yale’s law school and highlights the different responses by the right and the left to speakers they …

Epstein’s State of The Union Review: Oh No, Joe

March 3rd, 2022


Richard Epstein discusses President Biden’s State of the Union address, which covered Russia’s invasion of Ukraine, rapid inflation at home, and the upcoming federal budget.

Make Sense, Not War: The Libertarian’s Thoughts on Ukraine

February 25th, 2022


Richard Epstein provides an overview of how the United States should respond to Russia’s invasion of Ukraine and describes how he differs from other …

Less Perfect Union: Biden’s Political Bet on Organized Labor

February 18th, 2022


Richard Epstein discusses an executive order that would require firms to use union labor and the likelihood that it will stand up in court.

Borderline Insanity: Why Increasing Immigration Doesn’t Mean Embracing Open Borders

February 10th, 2022


Richard Epstein explains sensible solutions that would increase immigration while balancing national security concerns.

Cancel Culture Club: Free Speech Under Attack In Academia

February 4th, 2022


Richard Epstein discusses cancel culture within universities and the controversy over filling the next seat in the Supreme Court.

The Hot Seat—Replacing Justice Breyer on the Supreme Court

January 27th, 2022


Richard Epstein reflects on Justice Breyer’s time on the Supreme Court and considers who should replace him—including Vice President Kamala Harris.

Some Like It Hot: Using The Fed to Advance Climate Change Policy

January 21st, 2022


Richard Epstein opines on expanding the mandate of the Federal Reserve, extending jurisdiction of the SEC to public companies, and promoting climate …

Voter Suppression For Thee But Not For Me?

January 13th, 2022


Richard Epstein judges new statues meant to expand voting rights and offers a mechanism to determine whether they will increase or decrease voter fraud.

The Electoral Count Act: Insurrection Killer?

January 7th, 2022


Richard Epstein discusses the history of the Electoral Count Act and the modern-day election reforms that are necessary to prevent another contentious election.

Flunking Freshman Year? Grading President Biden’s First Year in Office

December 16th, 2021


Richard Epstein hands out harsh grades to President Biden for his handling of the economy, Afghanistan, and energy policy—and makes a few predictions …

End of Road For Roe? SCOTUS Hears Arguments On Ending 50 Years of Federal Abortion Law

December 2nd, 2021


Richard Epstein discusses the oral arguments in the Supreme Court case that looks like it will overturn Roe v. Wade—and makes a prediction about the final vote.

Build Back-Scratching Better: Biden Makes Good On His Pledge to Unions

November 18th, 2021


Richard Epstein argues that the spending provisions in Biden’s reconciliation bill are less worrisome than the structural changes it will impose on the labor market.

Borderline Insanity: Biden‘s Plan to Compensate Illegal Immigrants

November 10th, 2021


Richard Epstein discusses the Justice Department’s plans to pay families who were separated from their children at the border and President Biden’s …

Why Not Tax the Rich?

November 1st, 2021


Richard Epstein explains the problem with taxing unrealized capital gains and predicts how the wealthy will work to avoid paying higher taxes.

Check Your Executive Privilege: Trump and Bannon’s Legal Strategy and the 1/6 Commission

October 21st, 2021


Richard Epstein parses the ability of Donald Trump to use executive privilege as a former president and discusses the consequences of the House …

The Federal vs. State Vaccine Mandate Showdown

October 15th, 2021


Richard Epstein untangles federal vs. state vaccine mandates and the rights of businesses to choose how they operate.

Justices Reign Supreme: ’21 SCOTUS Docket Preview

October 8th, 2021


Supreme Court cases affecting gun rights, religious liberty, and abortion will soon be heard by the Court.

It’s Not Our Default: Massive Spending and The National Debt

October 1st, 2021


Richard Epstein assesses the infrastructure and reconciliation bills being debated and discusses who is to blame for the upcoming debt ceiling fiasco.

Does a Universal Basic Income Make Sense?

September 24th, 2021


Richard Epstein judges the likelihood of success of yet another universal basic income plan and provides grave predictions about the ability of the federal government to rein in spending.

Biden’s Plan to Tax the Rich

September 17th, 2021


Richard Epstein reacts to the proposed tax increases in President Biden’s spending bill and explains what “tax the rich” really means.

Biden’s Vaccine Mandate

September 10th, 2021


Richard Epstein delves into President Biden’s new vaccine mandate and addresses whether it holds up to constitutional scrutiny.

Did Texas Just Find a New Way to Ban Abortion?

September 3rd, 2021


Richard Epstein reacts to the new Texas abortion bill and weighs in whether states should be allowed to delegate enforcement of controversial laws to …

Afghanistan and the Death of Pax Americana

August 27th, 2021


Richard Epstein explains when the use of force is justified overseas, what President Biden has gotten wrong by withdrawing from Afghanistan, and how our allies and adversaries will react to the fall of Pax Americana.

Interpreting the IPCC’s New Report on Climate Change

August 20th, 2021


Richard Epstein dives into the latest IPCC report on climate change and provides a few methods for how to interpret, critique, and verify its results.

Loan Forgiveness, Eviction Moratoriums, and Recall Unconstitutionality — Oh My

August 13th, 2021


Is that legal? Richard answers questions about the constitutionality of student loan forgiveness, the national eviction moratorium, and California’s upcoming recall election.

How Ronald Reagan Dealt With Unions

August 4th, 2021


Richard Epstein recounts President Reagan’s handling of the air traffic controller strike of 1981 and offers lessons for future conflicts with other …

The Case That Could Overturn Roe v. Wade

July 30th, 2021


Richard Epstein details the upcoming Supreme Court case that could overturn Roe v. Wade and gives his predictions based on the current composition of …

Was Big Tech’s Censorship of Trump Unconstitutional?

July 15th, 2021


Richard Epstein delves into Trump’s claim that censorship by tech companies violated his First Amendment rights and explains why there’s more to the …

Climate Change and the SEC

June 25th, 2021


Richard Epstein weighs in on recent moves by the SEC to change financial disclosure requirements regarding climate change and warns against mission …

Billionaires and the Taxes They (Don’t) Pay

June 18th, 2021


Richard Epstein addresses the privacy concerns of publishing leaked tax records, breaks down the debate over taxing capital gains, and provides a …

The ACLU’s Free Speech Problem

June 10th, 2021


Richard Epstein discusses the rise and fall of the ACLU, including its heroic efforts during desegregation and the Civil Rights movement, and its less than heroic metamorphosis into a partisan organization overrun by …

Global Corporate Tax Rates

June 9th, 2021


Richard Epstein explains why corporate tax rates in other countries affect companies here in the United States, weighs in on the President Biden’s proposed tax increases, and gives advice for the lonely few who still …

Abortion and the Supreme Court: A History

May 28th, 2021


Richard Epstein traces the history of the Supreme Court on abortion, from the day before Roe v. Wade to today, when a new case out of Mississippi …

Conflict in the Middle East

May 20th, 2021


Richard Epstein analyzes the recent outbreak of violence between the Israelis and the Palestinians, the future of American foreign policy in the …

The Post-Pandemic Economy

May 15th, 2021


Richard Epstein examines the economic issues coming to the fore with the end of the COVID pandemic: a sluggish labor market, inflation fears, tax increases, and the future of American infrastructure.

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