The Biden Agenda
November 18, 2020
Richard Epstein looks at the policy proposals that will be at the forefront of the Biden Administration, from climate change to immigration to forgiving student loans.
The Presidential Election and the Courts
October 29, 2020
Richard Epstein looks at the Supreme Court’s pre-election decisions on state voting procedures, considers the likelihood that the ultimate outcome of the race will come down to a Supreme Court decision, and responds to the argument that Amy Coney Barrett should recuse herself from any such cases.
Antitrust Comes for Big Tech
October 22, 2020
Richard Epstein examines the merits of the antitrust case against Google, as well as calls to regulate how social media companies regulate content; looks back to the Microsoft antitrust case to explain what lessons it may hold for the current lawsuit; and makes his predictions for the trajectory of tech regulation under Biden or Trump administrations.
The Rise of ACB
October 15, 2020
Richard Epstein scrutinizes the Senate’s confirmation process for Amy Coney Barrett, considers how much deference legislators should give to presidents of the opposite party for their judicial picks, and describes which areas of law he thinks a more conservative court should focus on reforming.
Supreme Court Preview
October 8, 2020
Richard Epstein previews some of the most contentious cases on the docket in the new Supreme Court term. Will a change to the individual mandate spell the end of the Affordable Care Act? Can religious organizations be excluded from placing foster children if they refuse to work with same-sex couples? And what role will the Court play in the tumultuous 2020 election?
Debating the Administrative State”
September 19, 2020
In their new book, Law and Leviathan: Redeeming the Administrative State, Harvard Law professors Cass Sunstein and Adrian Vermeule mount a defense of the federal government’s maze of policymaking agencies and departments — institutions that many critics say operate outside of the nation’s constitutional architecture and any meaningful democratic controls.
Earlier this year, Professor Epstein released his own book, The Dubious Morality of Modern Administrative Law, making precisely the opposite case. Tune in as Professor Epstein explains the differences between the two sides and explains what an effective, constitutionally-constrained administrative state would look like.
The Trouble with Unions
September 10, 2020
Richard Epstein explains the economic problems inherent to organized labor, describes how public policy has locked them into place, and cautions against the strand of conservative populism that aims to develop an alternative union model for the 21st century.
American Unrest
September 2, 2020
Richard Epstein examines the case for whether “institutional racism” really exists in America, describes how authorities should react when protests devolve into violence, and reflects on whether Americans can reverse the last few years’ decline in race relations.
Golden State Delusions
August 20, 2020
Richard Epstein analyzes a trio of policy mistakes in California: the renewable energy mandates that have led to rolling blackouts, the restrictions on contractors that have Uber and Lyft looking for the exits, and a proposed wealth tax that would hit citizens even if they move out of state.
Presidential Power and its Limits
August 14, 2020
Richard Epstein analyzes the legality of President Trump’s recent executive orders on COVID relief and explains how executive orders fit into the constitutional order.
