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.
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Supreme Court showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.
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Slavery and the Republic
As America begins to celebrate its semiquincentennial, much ink has been spilled questioning whether that event is worth commemorating at all. Joseph Ellis’s The Great Contradiction could not be timelier.
Two Hails For The Chief’s NDA
Instead of trying to futilely plug the dam to stop leaks, the Court should release a safety valve.
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