This past Thursday marked the 75th anniversary of two foundational New Deal decisions, handed down on Monday, April 25, 1938: Erie Railroad v. Tompkins, and United States v. Carolene Products. The American Enterprise Institute celebrated this day …
I’ve griped before (I think) about the Supreme Court’s less-than-stellar record on protecting the commerce of the United States. The Upside-Down Constitution contains an extended riff on the theme. As always, I am entirely right. A pair of Supreme Court …
Last month, the Center for the Study of Constitutionalism Originalism at the University of San Diego hosted a talk by leading Libertarian scholar Richard Epstein based on his new book The Classical Liberal Constitution. Commentary was provided by Larry Alexander, …
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It is now cliché to recite that a conservative is a liberal who has
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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 …
Prediction: after today’s oral arguments over the Patient Protection Act, the individual mandate is in very deep trouble and quite probably as good as gone. While Paul Clement’s argument probably did not swing any wavering justices, it likely settled whatever …
Richard Epstein’s new Liberty Forum Essay on the First Amendment is quite interesting and a little bit surprising. Richard, who is one of the most well known libertarians, criticizes two of the Supreme Court’s most “libertarian” free speech cases — …
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