Richard Epstein examines the legal controversies around the Trump Administration’s attack on Iranian leadership: Was it an ‘assassination’? How much can Congress constrain the president’s ability to act in such situations? Is this a situation where precedent trumps constitutional text? Plus, a look at debates over the legality of military conscription.

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Richard Epstein analyzes the most promising — and disturbing — intellectual trends of the 2010s.

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Richard Epstein considers all the ways California policymakers are compounding the damage from the state’s wildfires — from a misplaced emphasis on global warming to new regulations that will damage the market for home insurance.

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Richard Epstein considers how the U.S. should deal with China in light of the country’s internal human rights abuses and its increasingly aggressive assertions in Hong Kong.

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Richard Epstein reacts to Marco Rubio’s proposal for a ‘Common Good Capitalism’ that would upend the relationship between workers and employers.

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Richard Epstein looks at a wave of progressive reforms being embraced by Democratic presidential candidates and big city district attorneys, including decriminalizing quality-of-life crimes, eliminating cash bail, and sending fewer people to prison. He also considers whether America has a “mass incarceration” problem and whether there is evidence of racial bias in the criminal justice system.

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Richard Epstein analyzes the question currently before the Supreme Court: is the Trump Administration within its rights to undo President Obama’s protections for children brought into the country illegally? What are the limits of unilateral executive action? And what obligation does the executive branch have to adequately explain policy changes that it makes on its own?

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Richard Epstein examines the argument that the Sixth Amendment’s “confrontation clause” will compel the Ukraine whistleblower to reveal his or her identity — and be cross-examined by President Trump’s team.

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Green energy policies at the state level are starting to have an impact — in all the wrong ways. From pipeline bans in New York to mandatory blackouts in California, the consequences are dire. Now Progressives are looking to take similar policies national.

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Richard Epstein previews his new book, “The Dubious Morality of the Modern Administrative State,” chronicling how the post-New Deal expansion of power within the executive branch has threatened the rule of law and the separation of powers.

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In a scathing review, Richard Epstein parses the policy proposals at the center of Elizabeth Warren’s presidential campaign.

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Richard Epstein responds to the latest developments in the House’s impeachment inquiry, including a detailed breakdown of the White House’s argument that it can refuse cooperation.

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Richard Epstein reacts to the latest news in the impeachment saga surrounding President Trump.

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Richard Epstein provides a forceful response to the question of whether President Trump’s alleged pressuring of the Ukrainian government provide grounds for impeachment.

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Richard Epstein fans know that, when it comes to legal analysis, all roads lead to Rome. For years we’ve been ribbing Richard about his propensity to analyze current legal disputes through the prism of Roman law. Now we’ve finally buckled to the pressure and given him an entire episode on the topic. In this show, Richard explains why Roman Law remains relevant today; why it made especially valuable contributions on the topic of water law; how a failure to understand Roman law has weakened Supreme Court decisions; and what the connection is between the Romans and the Anglo-American legal tradition.

 

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A growing number of Democratic presidential candidates are calling for the abolition of the Electoral College. In this episode, Richard Epstein explains what drove the Founders to construct this complex system for picking presidents; warns of the practical dangers of relying purely on the popular vote; looks at how Maine and Nebraska have constructed variations on the winner-take-all system; and explains why the inability to pass constitutional amendments is a feature rather than a bug in the current political environment.

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As Prime Minister Boris Johnson attempts to get Brexit across the finish line, many MPs are complaining that he’s violating constitutional norms. In this episode, Richard Epstein considers those criticisms; weighs the cases for and against a departure from the EU; explains how the European Union overshot the legitimate goals of continental integration; and describes how Britain’s “unwritten constitution,” far from being an English aberration, actually has echoes in the American system.

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A growing chorus of activists claim that American corporations are too focused on the bottom line — and not sufficiently dedicated to improving the broader society. Even some figures from the business community have begun to call for corporations to move from a narrow focus on shareholders to a much more expansive commitment to “stakeholders.” In this episode, Richard Epstein explains how such efforts blur the lines between private business, charity, and government; why a corporation’s responsibility to shareholders isn’t inherently anti-social; And where progressive critiques of corporate governance and “quarterly capitalism” fall short.

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With signs of a possible recession on the horizon, Richard Epstein considers some of the purported causes and proposed solutions. Is President Trump right that the Federal Reserve needs to be more accommodating? Are the disruptions from the trade war with China worth it because of their potential geopolitical dividends? Is cutting payroll taxes a reasonable way to jumpstart the economy? And are we better off letting recessions burn themselves out rather than seeking to arrest them through government intervention?

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Richard Epstein analyzes the multitude of Democratic gun control proposals in the wake of the El Paso and Dayton shootings, proposes an alternative strategy for dealing with mass gun violence, and weighs the merits of proposed “red flag” laws.

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