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.

Richard Epstein analyzes the economic, political, and public health consequences of the coronavirus.single payer

Richard Epstein analyzes a new case that may limit the power of the Consumer Financial Protection Bureau — and the administrative state. He also previews his new book, The Dubious Morality of Modern Administrative Law.

Richard Epstein describes the legal dimensions of coping with Coronavirus: whether cities can resist hosting quarantined patients, the scope of federal power to restrict movement, and concerns about excessive reliance on Chinese supply chains for prescription medications.

Was Donald Trump wrong to sound off on the Roger Stone trial? Is Attorney General William Barr hopelessly compromised? What are the limits of presidential intervention in the Justice Department? Richard Epstein answers these questions and more in the newest installment of The Libertarian.

Richard Epstein explains why a decline in union membership is a positive development for the American economy, why public-sector unions are intrinsically corrosive, and why conservative populists’ enthusiasm for reviving organized labor are misguided.

Richard Epstein analyzes a case out of Montana that may have significant implications for parents’ ability to send their children to private schools.

Richard Epstein examines a new California law that is imperiling the livelihoods of many of the Golden State’s independent contractors and considers how challenges to the legislation may fare in the courts.

Richard Epstein examines the legal controversies around the Trump Administration’s attack on Iranian leadership: Was it an ‘assassination’? How much can Congress constrain the president’s ability to act in such situations? Is this a situation where precedent trumps constitutional text? Plus, a look at debates over the legality of military conscription.

Richard Epstein analyzes the most promising — and disturbing — intellectual trends of the 2010s.

Richard Epstein considers all the ways California policymakers are compounding the damage from the state’s wildfires — from a misplaced emphasis on global warming to new regulations that will damage the market for home insurance.

Richard Epstein considers how the U.S. should deal with China in light of the country’s internal human rights abuses and its increasingly aggressive assertions in Hong Kong.

Richard Epstein reacts to Marco Rubio’s proposal for a ‘Common Good Capitalism’ that would upend the relationship between workers and employers.

Richard Epstein looks at a wave of progressive reforms being embraced by Democratic presidential candidates and big city district attorneys, including decriminalizing quality-of-life crimes, eliminating cash bail, and sending fewer people to prison. He also considers whether America has a “mass incarceration” problem and whether there is evidence of racial bias in the criminal justice system.

Richard Epstein analyzes the question currently before the Supreme Court: is the Trump Administration within its rights to undo President Obama’s protections for children brought into the country illegally? What are the limits of unilateral executive action? And what obligation does the executive branch have to adequately explain policy changes that it makes on its own?