Libertarian
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.

Parsing the Biden Agenda

Parsing the Biden Agenda

April 16, 2020

Richard Epstein reflects on his first run-in with Joe Biden — a stunt the former Vice President intended to derail Clarence Thomas’s Supreme Court nomination — and analyzes the policy platform of the de facto Democratic nominee.health carehealth care

Against ‘Common Good Constitutionalism’

Against ‘Common Good Constitutionalism’

April 8, 2020
Richard Epstein rebuts Harvard Law professor Adrian Vermeule’s recent plea in the Atlantic for ‘Common Good Constitutionalism,’ an approach that calls for conservatives to abandon classical liberalism.
Recovery and Resilience in a Pandemic

Recovery and Resilience in a Pandemic

April 1, 2020

Richard Epstein considers the legal and economic issues around the government’s management of the Coronavirus.