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.

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.

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.

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.

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.

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.

Richard Epstein analyses the legal and political propriety of the Trump Administration’s decision to deploy federal forces to Portland, analyzes the factors behind increasing lawlessness in major cities, and puts America’s current struggle with urban unrest in historical context.

Richard Epstein weighs in on a federal judge’s recent order to temporarily shut down the Dakota Access pipeline; explains how government regulations have crippled the country’s ability to build critical energy infrastructure; and makes the case that dreams of an economy fueled by renewable energy are a delusion.

Richard Epstein describes why reparations are unworkable, inadvisable, and represent a misdiagnosis of the problems facing African-Americans.

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.

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.

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.

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.

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.

Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.

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.

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

Richard Epstein rebuts Harvard Law professor Adrian Vermeule’s recent plea in the Atlantic for ‘Common Good Constitutionalism,’ an approach that calls for conservatives to abandon classical liberalism.

Richard Epstein considers the legal and economic issues around the government’s management of the Coronavirus.

Richard Epstein examines the sweeping legal authorities and dramatic economic interventions being called on to combat COVID-19 — and considers whether they’re proportionate to the problem.