Emergency Powers and the Presidency

January 10, 2019

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

Obamacare, Back in the Courts

December 20, 2018

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

Europe in Turmoil

December 14, 2018

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 Europe.

Trump vs. GM

December 7, 2018

Richard Epstein warns against the dangers of the president bullying private business, explains how attempts to help the working class could backfire, and cautions against the Trump Administration’s use of tariffs.

Free Speech and Campaign Finance

November 29, 2018

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, and responds to proposals aimed at getting money out of politics.

Why School Choice Matters

November 15, 2018

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

Debating Birthright Citizenship

November 7, 2018

Richard Epstein parses the argument that birthright citizenship is guaranteed by the Fourteenth Amendment, considers President Trump’s efforts to undo it by executive order, and lays out the principles that should guide immigration policy.

The Perils of Soft Socialism

October 30, 2018

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

Climate Change and the IPCC

October 17, 2018

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 10, 2018

Richard Epstein describes the pathologies of the modern administrative state, explores their historical genesis, and explains how the newest members of the Supreme Court may rein in the executive branch.