Libertarian
Debating the Administrative State”

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

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

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

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

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.

Big Tech and Antitrust

Big Tech and Antitrust

July 30, 2020

Richard Epstein considers the complaints lodged against major tech firms at a recent congressional hearing: Everything from anti-competitive practices to allegations that they attempt to censor conservative voices.

The Battle for Portland

The Battle for Portland

July 23, 2020

Richard Epstein analyses the legal and political propriety of the Trump Administration’s decision to deploy federal forces to Portland, analyzes the factors behind increasing lawlessness in major cities, and puts America’s current struggle with urban unrest in historical context.

Pipelines, the Environment, and the Renewables Delusion

Pipelines, the Environment, and the Renewables Delusion

July 14, 2020

Richard Epstein weighs in on a federal judge’s recent order to temporarily shut down the Dakota Access pipeline; explains how government regulations have crippled the country’s ability to build critical energy infrastructure; and makes the case that dreams of an economy fueled by renewable energy are a delusion.

The Case Against Reparations

The Case Against Reparations

July 8, 2020

Richard Epstein describes why reparations are unworkable, inadvisable, and represent a misdiagnosis of the problems facing African-Americans.

DACA, Immigration, and the Supreme Court

DACA, Immigration, and the Supreme Court

June 23, 2020

Richard Epstein examines the Supreme Court’s recent ruling preventing the Trump Administration from ending the DACA program — and criticizes Chief Justice Roberts for what he regards as an indefensible decision.

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