Libertarian
A Crisis of Liberalism?

A Crisis of Liberalism?

June 18, 2019

A new strain of conservative intellectuals think an embrace of free-market economics should take a backseat to a more communitarian approach. At the same time, an energized group of progressives wants to dramatically expand the reach of the federal government. Both groups take as read that the free market isn’t adequately serving the public’s needs. Richard Epstein examines those claims and explains the vital factor missing from both diagnoses: the importance of civil society.

Break Up Big Tech?

Break Up Big Tech?

June 13, 2019

Richard Epstein explains the parameters of antitrust law — and why the efforts to apply it to Google, Facebook, Apple, and Amazon are misguided.

Trump, Trade, and China

Trump, Trade, and China

May 22, 2019

Richard Epstein considers whether Donald Trump has correctly assessed the threat from Chinese trade practices, analyzes whether widespread tariff increases are an effective tool to combat them, and explains why he reluctantly prefers Trump’s economic policies over those that may have emerged from a more conventional Republican president.

Vaccination, Religious Liberty, and Public Health

Vaccination, Religious Liberty, and Public Health

May 15, 2019

Richard Epstein examines the difficult legal and philosophical questions that emerge when widespread opt-outs from vaccination threaten herd immunity.

Russia Redux

Russia Redux

May 9, 2019

Richard Epstein breaks down the fight between the Justice Department and the House over the Mueller Report, providing a history of executive privilege (what it is, what it isn’t, and where it came from), an examination of what it really means for Congress to hold someone in contempt, and an explanation of when and under what circumstances the White House can prevent congressional testimony.

Showdown on Pennsylvania Avenue

Showdown on Pennsylvania Avenue

May 3, 2019

As congressional Democrats accuse Attorney General William Barr of deliberate deception and Trump Administration officials refuse to honor congressional subpoenas, the executive and legislative branches find themselves on a collision course.

The Mueller Report and its Aftermath

The Mueller Report and its Aftermath

April 25, 2019

Richard Epstein examines the controversies attending the Mueller Report and finds few heroes amidst the partisan squabbling.

The Reparations Debate

The Reparations Debate

April 10, 2019

Richard Epstein considers the practical and legal difficulties around setting up reparations payments, and explores alternatives that may be more effective in fostering black mobility.

God and Money at Yale

God and Money at Yale

April 4, 2019
Richard Epstein analyzes a controversial new policy at the Yale Law School that would withhold financial support from students who work with “discriminatory” institutions — a category that may include large numbers of religious organizations.
The Mueller Report

The Mueller Report

March 27, 2019

Richard Epstein parses the conclusions of the Mueller report, the implications for the Trump Administration, and whether the investigation justified the resulting political dislocations.