The Libertarian

Ten years after the release of Nudge, the volume that popularized behavioral economics, Richard Epstein considers the shortcomings of the behaviorist school and the concept of “libertarian paternalism.”

Richard Epstein parses President Trump’s economic criticisms of Amazon — and examines a Supreme Court case that will determine how online retailers pay taxes.

Richard Epstein breaks down the legal rationales that may — or may not — have justified the FBI raid on Donald Trump’s personal lawyer. He also examines the broader trajectory of the Mueller investigation. Whose job is in more danger: Mueller’s or Trump’s?

Richard Epstein discusses the history behind America’s anti-discrimination laws and explains why they’re not well-suited for the modern economy.

Richard Epstein reacts to former Supreme Court Justice John Paul Stevens’ suggestion that the Second Amendment be repealed — and explains why the constitutional arguments about guns may point in a different direction than the policy arguments.

Richard Epstein explains how public pensions came to be a ticking time bomb for states and cities throughout the US, what the financial ramifications are, and why the road to reform is so perilous.

Richard Epstein contrasts two recent actions by the Trump Administration — the imposition of tariffs on steel and aluminum, and the blocking of a foreign company’s attempts to take over an American tech firm — to demonstrate when national security concerns justify restrictions on trade ... and when they don’t.

Richard Epstein looks at how attempts to suppress conservative speakers on college campuses intersects with the First Amendment, and calls on 50 years of experience as a university professor to diagnose how liberal activism has changed over the years.

Richard Epstein looks at Janus v. AFSCME, a Supreme Court case out of Illinois with the potential to dramatically reduce the power of public sector unions.

In the aftermath of the Parkland shooting, Richard Epstein provides his legal analysis of where Second Amendment jurisprudence went wrong and explains what policy options might actually help to ease gun violence -- and why real solutions are devilishly hard to come by.

Richard Epstein describes a potentially groundbreaking healthcare case out of Idaho, where insurers are looking to give consumers more options than are currently allowed under the Affordable Care Act.

Richard Epstein parses the memo recently released by Republicans on the House Intelligence Committee, a document that they claim shows impropriety in the FBI's investigation of the Trump campaign.

A funny thing happened to America’s libertarian movement – it expected a champion to emerge in the 2016 election; it may or may not have one in Donald Trump. Richard Epstein, the Hoover Institution’s Peter and Kirsten Bedford Senior Fellow and the voice behind “The Libertarian” podcast, grades the Trump presidency from a libertarian vantage. Did you like the show? Please rate, review, and subscribe!

Richard Epstein opines on whether Donald Trump or Barack Obama deserves more credit for the current economic expansion, then tackles the policy agenda the president laid out in his State of the Union address.

Richard Epstein reviews how the new film The Post portrays the Supreme Court's free speech jurisprudence in the Pentagon Papers case.

Richard Epstein analyzes a lawsuit several major cities are bringing against oil companies over climate change, explains the economic and scientific considerations necessary to seriously grapple with the issue, and describes the libertarian approach to environmental harms.

Richard Epstein examines the deregulatory progress being made by the Trump Administration, explains the new tax law's implication for blue states, and imagines the consequences of a world in which the US withdraws from NAFTA.

Richard Epstein explores how land use regulations have led to sky-high housing prices in some of America's largest cities.

Richard Epstein examines Carpenter v. United States, a Supreme Court case testing the limits of the government's ability to engage in digital surveillance, and explains the ideal balance between liberty and security.

Richard Epstein considers what Michael Flynn's recent guilty plea means for President Trump and his administration, rebutting many of the misleading claims that have emerged in recent press coverage.

Richard Epstein responds to suggestions that the Justice Department may appoint a special prosecutor to probe corruption allegations around Hillary Clinton. Also on the docket: exactly how independent of presidential prerogative should attorneys general be? Is it time for Jeff Sessions to step aside? And are the legal suspicions around both Donald Trump and Hillary Clinton evidence of a decline in America's leadership class -- or proof that, for all its flaws, the system still works?

Richard Epstein reacts to the tax plan released by congressional Republicans and explains what steps are most essential for jumpstarting economic growth.

Richard Epstein reacts to the indictments brought against Paul Manafort and Rick Gates, as well as to a guilty plea from former Trump aide George Papadopoulos.

Richard Epstein responds to the Trump Administration's proposals for revising NAFTA, answers some frequent criticisms of free trade, and explains whether a legal challenge to a NAFTA withdrawal would hold up in court.

Richard Epstein explains the contents of President Trump's new executive order on healthcare, explores the controversy around a White House proposal to cut subsidies to insurers, and explains why conservatives who fretted about President Obama's use of executive orders shouldn't be bothered by this exercise of executive power.

Richard Epstein grades the Trump Administration's proposal for tax reform, explains the first principles of effective tax systems, and challenges the notion that progressivity is essential to an equitable tax code.

Richard Epstein uses the recent push for independence in Spain's Catalonia region to consider the question of when separatist movements are justified in pursuing independent statehood -- and how they should go about it.

Richard Epstein responds to the controversy over an Obama-era policy allowing children brought to the U.S. Illegally to stay in the country and explains why America should embrace a more liberal immigration policy but reject open borders.

Richard Epstein examines the Lefts' push for single-payer health care and explains why such systems are destined for failure.

Richard Epstein traces the origins and evolution of his libertarian thinking over a half-century in the spotlight.

Richard Epstein explores the history of the president's pardon power and examines whether former Maricopa County Sheriff Joe Arpaio was a worthy recipient of executive mercy.

Richard Epstein analyzes President Trump's new plan for Afghanistan, the threat from North Korea, and how the US should respond to trade tensions with China.

In the wake of violent protests in Charlottesville, Richard Epstein looks at the limits on government power to restrict inflammatory speech, considers Donald Trump's rhetorical response to the protests, and weighs in on whether confederate monuments should start coming down.

Richard Epstein responds to the controversy around Google's decision to fire an employee for a memo criticizing the company's diversity policy.

Richard Epstein looks at the virtues and vices of the failed congressional plans to repeal and replace Obamacare, explains what comes next, and lays out what meaningful free market reform would look like.

Richard Epstein examines the most recent legal questions to emerge from the Trump White House: Could the president pardon himself? Was Jeff Sessions right to recuse himself from the Russia investigation? And could Donal Trump remove Robert Mueller as special counsel?

Richard Epstein reacts to the Trump Administration's exhortations to "buy American" and tackles common misperceptions about international trade, NAFTA, trade deficits, and manufacturing.

Richard Epstein looks at a recent Supreme Court ruling that could have major implications for when and how religious institutions can access public money.

Richard Epstein looks at the policy changes that would most effectively cure what ails American health care -- and responds to progressives calling for the adoption of a single-payer system.

Richard Epstein looks at a case challenging gerrymandering in Wisconsin, which the Supreme Court has agreed to hear in its upcoming term. Because the Court has never previously struck down a redistricting plan on the basis of partisan bias, the ruling to come could be a watershed.

Richard Epstein analyzes the latest developments surrounding the Trump Administration and the investigation into its potential ties to Russia.

Richard Epstein charts the decline of Illinois -- along with similarly situated states like Connecticut and California -- and demonstrates how bad public policy can drive states into an economic death spiral.

Criticizing both the science and the economics, Richard Epstein makes the case for withdrawing from the Paris Agreement on climate change.

Richard Epstein looks at the political and legal fallout from allegations that President Trump may have disclosed classified information to Russian diplomats, and that he may have had an improper conversation with then FBI Director Jim Comey.

Richard Epstein reacts to the news that Jim Comey has been fired as FBI director, grapples with the ensuing criticisms of the Trump Administration, and looks back at Comey's legacy as head of the Bureau.

Richard Epstein explains what's good, what's bad, and what's missing in the recent tax reform proposals issued by the Trump Administration.

Richard Epstein reacts to the first round of balloting in the French presidential election and explains the implications for the broader state of politics in Europe.

Richard Epstein weighs the merits of President Trump's decision to strike Syria after the Assad regime's use of chemical weapons.

Richard Epstein examines the principles that should guide efforts to reform America's tax system.

Richard Epstein looks at Donald Trump's recent executive orders on energy and environmental issues, explaining how free-market economics can be reconciled with good environmental stewardship.