Libertarian
Iran, War Powers, and the Constitution

Iran, War Powers, and the Constitution

January 9, 2020

Richard Epstein examines the legal controversies around the Trump Administration’s attack on Iranian leadership: Was it an ‘assassination’? How much can Congress constrain the president’s ability to act in such situations? Is this a situation where precedent trumps constitutional text? Plus, a look at debates over the legality of military conscription.

Best and Worst of the 2010s

Best and Worst of the 2010s

December 19, 2019

Richard Epstein analyzes the most promising — and disturbing — intellectual trends of the 2010s.

California Burning

California Burning

December 11, 2019

Richard Epstein considers all the ways California policymakers are compounding the damage from the state’s wildfires — from a misplaced emphasis on global warming to new regulations that will damage the market for home insurance.

The China Quandary

The China Quandary

December 4, 2019

Richard Epstein considers how the U.S. should deal with China in light of the country’s internal human rights abuses and its increasingly aggressive assertions in Hong Kong.

Against ‘Common Good Capitalism’

Against ‘Common Good Capitalism’

November 26, 2019

Richard Epstein reacts to Marco Rubio’s proposal for a ‘Common Good Capitalism’ that would upend the relationship between workers and employers.

Crime & Punishment & Politics

Crime & Punishment & Politics

November 19, 2019

Richard Epstein looks at a wave of progressive reforms being embraced by Democratic presidential candidates and big city district attorneys, including decriminalizing quality-of-life crimes, eliminating cash bail, and sending fewer people to prison. He also considers whether America has a “mass incarceration” problem and whether there is evidence of racial bias in the criminal justice system.

DACA in the Dock

DACA in the Dock

November 14, 2019
Richard Epstein analyzes the question currently before the Supreme Court: is the Trump Administration within its rights to undo President Obama’s protections for children brought into the country illegally? What are the limits of unilateral executive action? And what obligation does the executive branch have to adequately explain policy changes that it makes on its own?
Confronting Your Impeacher?

Confronting Your Impeacher?

November 7, 2019

Richard Epstein examines the argument that the Sixth Amendment’s “confrontation clause” will compel the Ukraine whistleblower to reveal his or her identity — and be cross-examined by President Trump’s team.

Moving Left on Energy

Moving Left on Energy

October 31, 2019

Green energy policies at the state level are starting to have an impact — in all the wrong ways. From pipeline bans in New York to mandatory blackouts in California, The consequences are dire. And now progressives are looking to take similar policies national.

Failed (Administrative) State

Failed (Administrative) State

October 23, 2019

Richard Epstein previews his new book, “The Dubious Morality of the Modern Administrative State,” chronicling how the post-New Deal expansion of power within the executive branch has threatened the rule of law and the separation of powers.