Libertarian

Property Rights, Takings, and Unions

Richard Epstein analyzes Cedar Point Nursery v. Hasid, a case recently argued before the Supreme Court on whether labor unions should be allowed onto private land against the owners’ will. Along the way, he provides a masterclass in private property law, a look at the development of special legal protections for organized labor, and a reflection on how his legendary book Takings changed the debate over private property rights.

What’s in H.R. 1?

Richard Epstein analyzes ‘The For the People Act,’ a centerpiece of congressional Democrats’ legislative agenda. Though it purports to be a voting rights bill, he argues, the contents are a staggering mix of bad policy and unconstitutional federal overreach.

The Great Eviction Freeze

The COVID pandemic brought sweeping change to America’s rental housing markets: widespread restrictions or outright prohibitions on evicting tenants. Are such policies effective? Are they constitutional? And from whence does a presidential or gubernatorial administration get such powers? Plus, how should we analyze claims that eviction rates demonstrate systemic racism at work? All that and more on a new episode of The Libertarian.

“Libertarians Against Open Borders?”

Richard Epstein describes why immigration policy is fraught with complicated trade-offs that make hard-line positions — whether on the restrictionist side or the open-borders side — inappropriate. Along the way, he ventures into the debates over which criteria America should use to admit new immigrants, the effect of low-wage immigrants on American labor, whether it’s inconsistent to support free trade without supporting open borders, and why America has been so successful at assimilating immigrants from different races and cultures.

Energy, Resilience, and the Grid

Richard Epstein analyzes the debate around Texas’ cold-weather blackouts. How much of the blame does climate change bear? Is the problem an excessive reliance on renewable energies or a failure to harden infrastructure against extreme weather events? And what do the Biden Administration’s policies mean for the future of grid resiliency?

Chicago v. The (Former) President: The Controversy Over the Obama Center

Richard Epstein describes his work on a case pitting Chicago conservationists against Barack Obama on plans for the former commander-in-chief’s presidential center.

How Do You Solve a Problem Like Big Tech?

Richard Epstein explains the history and sweep of American antitrust law, examines a proposal by Senator Amy Klobuchar to expand it, and argues that a more complex economy may actually justify less exacting antitrust policies.

Libertarian Potpourri

Richard Epstein weighs in on a cross-section of policy issues in the news: (1) The push for a $15 minimum wage (2) the Biden Administration’s decision to drop an affirmative action lawsuit against Yale (3) Florida Governor Ron DeSantis’s proposal to fine social media companies for deplatforming candidates and (4) teachers union efforts to delay the reopening of public schools.

Biden’s Green Fantasia

Richard Epstein parses the wave of energy and environmental policies introduced in the early days of the Biden Administration, from the cancellation of the Keystone Pipeline to rejoining the Paris Climate Agreement to an emphasis on renewable energy and the potential of green jobs.

The Biden Administration Veers Left

Richard Epstein analyzes a raft of progressive policies coming out of the new Biden Administration on everything from energy to COVID to immigration to gun control.