Libertarian
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.

Justice Delayed

Justice Delayed

June 17, 2020

Richard Epstein looks at three hot topics that the Supreme Court has recently chosen to sidestep — qualified immunity, gun control, and sanctuary cities — and explains the pitfalls of the Court’s attempts to stay away from political hot-button issues.

Law, Policing, and Criminal Justice Reform

Law, Policing, and Criminal Justice Reform

June 10, 2020

Richard Epstein parses some of the most prominent recent proposals for criminal justice reform and analyzes the shift in American race relations over the past decade.

America Burning

America Burning

June 2, 2020

Richard Epstein analyzes the charges against the Minneapolis police officer involved in George Floyd’s death, considers whether existing law is excessively protective of law enforcement, and explains the parameters of government power to deal with civil unrest.

Free Speech and Social Media

Free Speech and Social Media

May 28, 2020

With Twitter’s decision to append fact-checks to Donald Trump’s tweets, new questions are emerging about how much social media should regulate politicians — and how much government should regulate social media.

Watching the Watchmen

Watching the Watchmen

May 13, 2020

Richard Epstein argues that the long and sordid case of Michael Flynn illustrates the importance of putting limits on the power of federal prosecutors — and explains the reforms that are necessary to create a better Department of Justice.

COVID in the Courts?

COVID in the Courts?

May 7, 2020

Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.

Education Reform, the Law, and the Problem with Positive Rights

Education Reform, the Law, and the Problem with Positive Rights

April 29, 2020

Richard Epstein examines a recent case about Detroit’s struggling schools in which the Sixth Circuit ruled that students have a ‘right’ to a certain minimal standard of education. Along the way he explains the dangers of courts getting too entangled in the provision of states service, the problem with ‘positive rights’ (and why their application is different at the the state level than the federal), and what more meaningful educational reform would look like.