Richard Epstein on Property Rights, Law and Economics
Jon Hartley and Richard Epstein discuss Richard’s career as a legal scholar, the takings clause, state monopoly power, Richard’s property-driven theory of constitutional interpretation (how it contrasts with the originalism of Antonin Scalia and Robert Bork as well as living constitution theories), the Coase theorem, and classical liberalism versus anarcho-capitalism.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
.avif)
What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
.avif)
.avif)
Trump Is Refighting The “War” That Congress and the Burger Court “Waged” Against President Nixon
An entire structure of government was created to constrain the executive. And the Roberts Court is now dismantling it.
.avif)
Get the Civitas Outlook daily digest, plus new research and events.