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20 minutes | 5 days ago
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.
20 minutes | 25 days ago
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.
23 minutes | a month ago
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.
22 minutes | a month ago
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.
21 minutes | 2 months ago
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?
30 minutes | 2 months ago
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.
16 minutes | 2 months ago
The Trouble with Unions
Richard Epstein explains the economic problems inherent to organized labor, describes how public policy has locked them into place, and cautions against the strand of conservative populism that aims to develop an alternative union model for the 21st century.
21 minutes | 3 months ago
Richard Epstein examines the case for whether “institutional racism” really exists in America, describes how authorities should react when protests devolve into violence, and reflects on whether Americans can reverse the last few years’ decline in race relations.
23 minutes | 3 months ago
Golden State Delusions
Richard Epstein analyzes a trio of policy mistakes in California: the renewable energy mandates that have led to rolling blackouts, the restrictions on contractors that have Uber and Lyft looking for the exits, and a proposed wealth tax that would hit citizens even if they move out of state.
20 minutes | 3 months ago
Presidential Power and its Limits
Richard Epstein analyzes the legality of President Trump’s recent executive orders on COVID relief and explains how executive orders fit into the constitutional order.
20 minutes | 4 months ago
Big Tech and Antitrust
Richard Epstein considers the complaints lodged against major tech firms at a recent congressional hearing: Everything from anti-competitive practices to allegations that they attempt to censor conservative voices.
28 minutes | 5 months ago
DACA, Immigration, and the Supreme Court
Richard Epstein examines the Supreme Court’s recent ruling preventing the Trump Administration from ending the DACA program — and criticizes Chief Justice Roberts for what he regards as an indefensible decision.
28 minutes | 5 months ago
Richard Epstein looks at three hot topics that the Supreme Court has recently chosen to sidestep — qualified immunity, gun control, and sanctuary cities — and explains the pitfalls of the Court’s attempts to stay away from political hot-button issues.
27 minutes | 5 months ago
Law, Policing, and Criminal Justice Reform
Richard Epstein parses some of the most prominent recent proposals for criminal justice reform and analyzes the shift in American race relations over the past decade.
24 minutes | 6 months ago
Richard Epstein analyzes the charges against the Minneapolis police officer involved in George Floyd’s death, considers whether existing law is excessively protective of law enforcement, and explains the parameters of government power to deal with civil unrest.
23 minutes | 6 months ago
Free Speech and Social Media
With Twitter’s decision to append fact-checks to Donald Trump’s tweets, new questions are emerging about how much social media should regulate politicians — and how much government should regulate social media.
17 minutes | 6 months ago
Watching the Watchmen
Richard Epstein argues that the long and sordid case of Michael Flynn illustrates the importance of putting limits on the power of federal prosecutors — and explains the reforms that are necessary to create a better Department of Justice.
25 minutes | 7 months ago
COVID in the Courts?
Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.
17 minutes | 7 months ago
Education Reform, the Law, and the Problem with Positive Rights
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.
19 minutes | 7 months ago
Parsing the Biden Agenda
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
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