Epstein, Richard A. (1943-)
, by Aaron Steelman, The Encyclopedia of Libertarianism
, 15 Aug 2008
"Richard A. Epstein, a law professor and legal theorist, teaches at the University of Chicago Law School and is a senior fellow at the Hoover Institution at Stanford University. He is one of the leading legal scholars in the United States and a prominent libertarian author. Epstein's work on eminent domain brought him fame when Senator Joseph Biden held up a copy of Epstein's book Takings during the 1991 confirmation hearings of Clarence Thomas to the U.S. Supreme Court. ... Epstein also has challenged established wisdom on employment discrimination laws, arguing that government intervention in employment contracts is unnecessary and even undesirable."
, Adjunct Scholar
, Peter and Kirsten Bedford Senior Fellow
University of Chicago, James Parker Hall Distinguished Service Professor of Law
Richard Epstein - Libertarian
Advocates for Self-Government
An End to Eminent Domain Abuse?
, by George Leef
, Future of Freedom
, Apr 2005
Published just two months before the unfortunate Kelo v. City of New London
U.S. Supreme Court decision, expressed hope that the court would rectify the 1954 Berman v. Parker
"A devastating amicus curiae brief has been submitted by three Cato Institute legal scholars and University of Chicago law professor Richard Epstein, a long-time critic of eminent domain whose book Takings was first published in 1985. ... The Cato/Epstein brief hits the bull's eye in observing that eminent-domain cases like this one 'result in a systematic unfairness to the individuals who are forced to sacrifice their property to some fuzzy vision of the public good.'"
Law, Property Rights, and Air Pollution
, by Murray Rothbard
, Cato Journal
Examines the principles of tort law, how to determine what is just property and how to deal with invasions of property such as air pollution
"In a brilliant analysis of causation in the law, Professor Epstein has demonstrated that his own theory of strict tort liability is intimately connected to a direct, strict, commonsense view of 'cause.' Causal proposition in a strict liability view of the law takes such form as, "A hit B,' 'A threatened B,' or 'A compelled B to hit C.'"
On the Origins of the Modern Libertarian Legal Movement
[PDF], by Roger Pilon, Chapman Law Review
Historical survey of libertarian influences on constitutional and other areas of law, from the mid-1970s to recent decisions
"But the lawyers also were at work at their end of the project, and none more productive or insightful than the man who arrived across the Midway a year after I got to Chicago, Richard Epstein. No stranger to philosophy—his undergraduate major at Columbia, my own alma mater—Epstein was at the time developing his theory of strict liability in torts, which dovetailed nicely with the Lockean understanding of rights, even as it contrasted with his colleague Richard Posner's negligence approach to torts."
Life of Liberty: Robert Nozick, R.I.P.
, National Review Online
, 24 Jan 2002
Memorial tribute, comparing Nozick to Hayek and discussing some of the arguments he made in Anarchy, State and Utopia
"As teacher, friend, and colleague in no particular order, he was a restless intellectual capable of enlivening every discussion with a bewildering blitz of questions that always left you one step behind. ... Nozick was, as far as I know not trained as a lawyer ..., but his ceaseless curiosity and imagination allowed him to develop by intuition a theory of justice in holdings that followed closely on the legal approach to these problems."
Takings Exception: Maverick legal scholar Richard Epstein on property, discrimination, and the limits of state action
, by Richard Epstein, Steve Chapman
, Apr 1995
Questions range from libertarian ideas, Epstein's book Takings
, the Dolan v. City of Tigard
case and more
"We know that in the old days of the Polish parliament, which required unanimous votes, they often got unanimity by taking the lone dissenter and throwing him out the window. On the other hand, rampant majoritarianism means that 51 percent can indeed confiscate the wealth of all 49 percent, which is what you get under the New Deal."
Bargaining With the State
Partial contents: Theoretical Foundations: The Problem of Coercion - Government Relations Within a Federal System - Economic Liberties and Property Rights - Positivie Rights in the Welfare State
Forbidden Grounds: The Case Against Employment Discrimination Laws
Free Markets Under Siege: Cartels, Politics and Social Welfare
Contents: Modern Justifications for Classical Liberalism - Between Socialism and Libertarianism - Competition and Cartels - Agricultural Markets, Protectionism, and Cartels - Cartels in Labor Markets - The Importance of Getting the Easy Cases Right
Mortal Peril: Our Inalienable Right to Health Care?
Principles for a Free Society: Reconciling Individual Liberty With the Common Good
Partial contents: Natural Law: The Utilitarian Connection - Social Norms versus Legal Commands - Harm: The Gateway to Liability - The Benefit Principle - Altruism: Its Uses and Limits - Forfeiture: The Flip Side of Rights - Boundaries: Firm and Fuzzy
- ISBN 0201136465: Hardcover, Addison-Wesley, 1998
- ISBN 0738200417: Hardcover, Perseus Books, 1998
- ISBN 0738208299: Paperback, Perseus Publishing, New edition, 2002
Simple Rules for a Complex World
Skepticism and Freedom: A Modern Case for Classical Liberalism
Takings: Private Property and the Power of Eminent Domain