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Richard Epstein
Richard A. Epstein is a senior research fellow at the Civitas Institute. He is also the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, where he serves as a Director of the Classical Liberal Institute, which he helped found in 2013. He has served as the Peter and Kirstin Bedford Senior Fellow (adjunct) at the Hoover Institution since 2000. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago.
Series
Recent Episodes
Can the city of Boulder set climate policy for the world? Can Colorado make Catholic preschools choose between their faith and public funding? And can a six-pack of beer cost you an airplane? Richard Epstein and John Yoo join Charles C. W. Cooke to preview the Supreme Court’s coming term, tackling climate lawsuits, religious liberty, AR-15 bans, and the Eighth Amendment—with plenty of constitutional sparring and a surprising amount of agreement.
Why are diesel prices soaring, and why doesn’t American energy independence shield consumers from global shocks? Richard Epstein discusses how war, restrictions on pipelines, and strained international relationships affect energy supplies. He also looks at the limits of energy self-sufficiency, the risks of disrupting global trade, and why expanding supply is essential to easing pressure on farmers, businesses, and households.
Richard Epstein examines Trump’s proposal to send Americans $5,000 checks, questioning who would pay, whether the giveaway makes economic sense, and what congressional approval it would require. He discusses the difference between political promises and bribery, the constitutional limits on presidential spending, and the electoral risks of sweeping cash giveaways and whether a constitutional amendment should impose an upper age limit on presidents.
September 2026
Can the government track your car, can the president show reporters the door, and can you blame a chatbot for someone’s crimes? Charles C. W. Cooke, Richard Epstein, and John Yoo tackle Flock surveillance cameras and the Fourth Amendment, the fight over White House press access, and the limits of AI liability—before taking on Meta’s social media settlement and asking when settling a lawsuit became a license to write everyone else’s rules.
August 2026
Richard Epstein takes a look at Trump’s war with Iran and a strategy Epstein sees as dangerously muddled. From the Strait of Hormuz and soaring geopolitical stakes to Trump’s faith in dealmaking, Epstein argues that half-measures have turned a potentially decisive conflict into a grinding war of attrition—with consequences that could reshape America’s alliances and the global balance of power.
Richard Epstein unpacks the antitrust battle over the proposed Paramount Skydance–Warner Bros. Discovery merger—and what it reveals about the changing economics of Hollywood. From AI and labor unrest to regulatory overreach and interstate competition, Epstein argues that the industry’s real threat isn’t consolidation but rapid technological and economic disruption, making the case that blocking the deal could do more harm than good.
Charles C. W. Cooke, John Yoo, and Richard Epstein debate whether Meta can really be held responsible for the harms of social media, whether Texas can put the Ten Commandments in public school classrooms, and whether the enormous defamation judgments against Donald Trump can survive Supreme Court scrutiny. They conduct an intense debate over Trump’s White House ballroom, including questions of standing, congressional authority, private funding, and just how far a president can go in remaking the executive mansion. Across all four disputes, the conversation keeps returning to the same fault lines: runaway damages, judicial power, constitutional limits, and whether courts are applying the law—or inventing it.
Richard Epstein and Charles C. W. Cooke discuss Christopher Nolan’s The Odyssey—its departures from Homer, its moral themes, and its spectacular scale. They also explore aesthetics, virtue, Greek and Roman law, and the relationship between ordinary moral intuition and formal legal reasoning.
This week, the Law Talk crew tackles Trump’s White House ballroom fight, the latest battle over birthright citizenship, Anthony Fauci’s decision to plead the Fifth, and the controversial pardons issued by Joe Biden. They debate the limits of executive power, the authority of the courts and Congress, and whether America’s expansive presidential pardon power has finally gone too far.
July 2026
Can a U.S. mayor enforce an International Criminal Court warrant? Has President Trump found a new legal path to tariffs after earlier setbacks? And can the government really seize a $95,000 airplane over a six-pack of beer? Richard Epstein, John Yoo, and Charles C. W. Cooke unpack these legal controversies before closing with a spirited debate over which Supreme Court justices deserve a place on the judicial Mount Rushmore.
Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about whether smarter rules could make soccer fairer, faster, and even more exciting.
Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara, the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark; West Virginia v. BPJ, the transgender-athletes case addressing Title IX, equal protection, women’s sports, and federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.
June 2026
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk’s hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to confiscate or redistribute them often destroy wealth, drive capital out of high-tax states, and leave everyone worse off. From California’s tax experiments to New York estate taxes to the politics of envy, Epstein makes the case that prosperity—not punishment—is the better path to helping the poor.
Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America’s fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump’s handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.
May 2026
Richard Epstein analyzes the Trump administration’s controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.
The Supreme Court drops a bombshell voting-rights ruling, Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the mysterious “Republican Form of Government Clause,” whether Trump can legally settle a lawsuit with… himself, and why both parties suddenly love slush funds when they’re the ones holding the hose. It’s a cheerful little conversation about whether America’s political system is fundamentally broken — and whose fault it is.
April 2026
March 2026
Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, they tackle a major 2nd Amendment case testing whether drug use can justify a permanent gun ban—and whether courts or legislatures should draw that line. Finally, a heated clash over parental rights, the Constitution, and California’s school policies raises a deeper question: where do these rights actually come from?
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