Richard Epstein

Richard Epstein is the author of The Classical Liberal Constitution. He is the Laurence A. Tisch Professor of Law, New York University School of Law; the James Parker Hall Distinguished Service Professor of Law (Emeritus) and Senior Lecturer, The University of Chicago and the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution.

Design for Liberty: A Conversation with Richard Epstein

In this conversation, Liberty Law Talk discusses with Professor Richard Epstein his new book Design for Liberty: Private Property, Public Administration, and the Rule of Law. Professor Epstein notes that the rule of law requires substantive commitments to generality in application and that it must ensure predictive efficacy if private property and commerce are to flourish. Unfortunately, much of the American Constitution's attempt to provide these commitments has been lost in the abuses worked by the administrative state and the judiciary's refusal to scrutinize legislation and rule-making that slights the takings and contract clauses of the Constitution. Professor Epstein also…

Read More

Richard Epstein responds to Levinson’s Jeffersonian Proposal

I have been asked for my response to Sanford Levinson’s plea for a Jeffersonian approach to constitutionalism that refuses to treat the document as the Ark of the Covenant and treats it as a social arrangement that should be subject to intelligent revision that take into account its failures, which become ever clearer with over time. I would fight against this general approach with every fiber of my being.  It is not because I think that the current state of affairs is ideal, when manifestly it is not.  It is rather that I think that any revision of the document will…

Read More