Libertarian

Remembering Justice Stevens

Richard Epstein looks back on the career of the late Justice John Paul Stevens, reviewing some of his most consequential judicial decisions.

Trump, Twitter, and the First Amendment

Richard Epstein analyzes a recent Second Circuit decision that President Trump violated the First Amendment by blocking Twitter followers.

A Law Professor’s Fourth of July

Richard Epstein provides a thorough analysis of the intellectual history of both the Declaration of Independence and the Constitution.

Understanding Takings

Richard Epstein provides an in-depth history of takings law, examining the protections against government appropriation of private property. Along the way he considers the recent Supreme Court ruling in Knick v. Township of Scott, Pennsylvania, which greatly expands the rights of property owners.

A Crisis of Liberalism?

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?

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

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

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

Russia Redux

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

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.