Libertarian

Impeachment A-Z

Richard Epstein provides in-depth legal analysis of the 25th Amendment, the impeachment count against President Trump, the ability of Congress to bar a president from future office, and the legality of impeaching a president after he’s departed office.

The Last Days of Donald Trump

Richard Epstein analyzes the dramatic events of the last week through a legal prism: Did Congress really have the power to object to the electoral vote? Should President Trump be removed from office in light of the assault on the capitol? Does the prospect of President Trump pardoning himself call into question the breadth of the pardon power? Plus, a look back at the consequences of the 2016 Presidential election in which Professor Epstein finds himself in the rare position of finding a question too difficult to answer.

Nasdaq’s Diversity by Decree

Richard Epstein casts a critical eye on Nasdaq’s proposal to impose diversity requirements on the companies listed on its exchange.

The Election, the Transition, and the Legal Fallout

Richard Epstein analyzes the major legal plot lines attending the presidential transition: The Trump campaign’s frantic efforts to keep the president’s prospects alive in court, the possibility of a raft of last-minute presidential pardons, and the decision by Attorney General William Barr to transform U.S. Attorney John Durham — currently investigating the origins of the Russia probe — into a special counsel.

The Biden Agenda

Richard Epstein looks at the policy proposals that will be at the forefront of the Biden Administration, from climate change to immigration to forgiving student loans.

The Presidential Election and the Courts

Richard Epstein looks at the Supreme Court’s pre-election decisions on state voting procedures, considers the likelihood that the ultimate outcome of the race will come down to a Supreme Court decision, and responds to the argument that Amy Coney Barrett should recuse herself from any such cases.

Antitrust Comes for Big Tech

Richard Epstein examines the merits of the antitrust case against Google, as well as calls to regulate how social media companies regulate content; looks back to the Microsoft antitrust case to explain what lessons it may hold for the current lawsuit; and makes his predictions for the trajectory of tech regulation under Biden or Trump administrations.

The Rise of ACB

Richard Epstein scrutinizes the Senate’s confirmation process for Amy Coney Barrett, considers how much deference legislators should give to presidents of the opposite party for their judicial picks, and describes which areas of law he thinks a more conservative court should focus on reforming.

Supreme Court Preview

Richard Epstein previews some of the most contentious cases on the docket in the new Supreme Court term. Will a change to the individual mandate spell the end of the Affordable Care Act? Can religious organizations be excluded from placing foster children if they refuse to work with same-sex couples? And what role will the Court play in the tumultuous 2020 election?

Debating the Administrative State”

In their new book, Law and Leviathan: Redeeming the Administrative State, Harvard Law professors Cass Sunstein and Adrian Vermeule mount a defense of the federal government’s maze of policymaking agencies and departments — institutions that many critics say operate outside of the nation’s constitutional architecture and any meaningful democratic controls. 

 

Earlier this year, Professor Epstein released his own book, The Dubious Morality of Modern Administrative Law, making precisely the opposite case. Tune in as Professor Epstein explains the differences between the two sides and explains what an effective, constitutionally-constrained administrative state would look like.