New York University Journal of Law & Liberty

New York University Journal of Law & Liberty The Journal of Law & Liberty is a student edited law journal at NYU devoted to exploring classical liberal and libertarian ideas.
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Read Richard Epstein's latest post: Brussels Gets Brexit Wrong—Again.
04/11/2017
Brussels Gets Brexit Wrong—Again

Read Richard Epstein's latest post: Brussels Gets Brexit Wrong—Again.

Richard Epstein* Richard Epstein Theresa May, the British prime minister, recently sent a letter to Donald Tusk, president of the European Council, announcing that the UK would withdraw from the EU under the procedures set out in Article 50 of the Lisbon Treaty. Her letter noted that, ev

Read Richard Epstein's latest post: The Affordable Housing Crisis.
02/28/2017
The Affordable Housing Crisis

Read Richard Epstein's latest post: The Affordable Housing Crisis.

Richard Epstein* Richard Epstein Housing policy has become yet another flashpoint in these highly polarized times. Much of the controversy swirls around President Donald Trump’s nomination of Ben Carson, a distinguished neurosurgeon, as Secretary of Housing and Urban Development. HUD ope

Read Richard Epstein's latest post: A Revolution in Administrative Law.
01/17/2017
A Revolution in Administrative Law

Read Richard Epstein's latest post: A Revolution in Administrative Law.

Richard Epstein* Richard Epstein One of the most vital, but technical, items on the Republican agenda is not likely to get its fair share of public attention. On the first day of the new Congress, Republican Representative Bob Goodlatte of Virginia introduced two pieces of legislation that could fun...

Read Richard Epstein's latest post: Obsolete Climate Science On CO2.
12/23/2016
Obsolete Climate Science On CO2

Read Richard Epstein's latest post: Obsolete Climate Science On CO2.

Richard Epstein* Richard Epstein The incoming Trump administration has promised dramatic transformations on many vital domestic issues. The best gauge of this development is the fierce level of opposition his policies have generated from Democratic stalwarts. One representative screed is a New York…

Read Richard Epstein's latest post: The Environmental Permit Menace.
12/15/2016
The Environmental Permit Menace

Read Richard Epstein's latest post: The Environmental Permit Menace.

Richard Epstein* Richard Epstein There is wide bipartisan support to take immediate steps at all levels of government to improve America’s aging and dilapidated infrastructure. The challenge of infrastructure design is to move people and goods rapidly and efficiently from one place to another, while...

Read Richard Epstein's latest post: America’s Immigration Quagmire.
12/06/2016
America’s Immigration Quagmire

Read Richard Epstein's latest post: America’s Immigration Quagmire.

Richard Epstein* Richard Epstein America’s immigration problem raises a huge set of thorny issues. At a theoretical level, it is difficult to articulate, let alone implement, the ideal immigration policy. While there are compelling arguments in favor of the basic norm of free trade, an open immigrat...

Read Richard Epstein's latest post: Obama’s Labor Market Mischief.
11/30/2016
Obama’s Labor Market Mischief

Read Richard Epstein's latest post: Obama’s Labor Market Mischief.

Richard Epstein* Richard Epstein Under the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA), Congress has delegated to the President the power to set overtime regulations for all public and private employees throughout the United States. On March 13, 2016, President Obama direct...

Read Richard Epstein's latest post: California’s Needless Housing Crisis
11/23/2016
California’s Needless Housing Crisis

Read Richard Epstein's latest post: California’s Needless Housing Crisis

Richard Epstein* Richard Epstein Everyone agrees the most attractive areas in California suffer from a housing crisis that calls for drastic action. The difficult question is deciding what should be done. Many of the challenges are embodied in the small California town of Mountain View, population 8...

Read Richard Epstein's latest post: The Loyal Opposition.
11/08/2016
The Loyal Opposition

Read Richard Epstein's latest post: The Loyal Opposition.

Richard Epstein* Richard Epstein No matter which candidate wins this Tuesday’s election, the nation is likely to continue the downward slide that started with the election of Barack Obama as president in November 2008. In the last eight years, the nation has fractured morally; it has failed to grow…

Read Judge Andrew P. Napolitano's latest post: J. Edgar Comey.
11/03/2016
J. Edgar Comey

Read Judge Andrew P. Napolitano's latest post: J. Edgar Comey.

Andrew Napolitano* Andrew Napolitano I had intended to use this final column before the presidential election to explain at length why I cannot vote for either Hillary Clinton or Donald Trump and plan to vote for Gary Johnson for president. In a nutshell, big government is our biggest problem. It th...

Read Richard Epstein's latest post: Unaffordable Care Act
11/01/2016
Unaffordable Care Act

Read Richard Epstein's latest post: Unaffordable Care Act

Richard Epstein* Richard Epstein The defenders of the Affordable Care Act are running out of excuses for the dismal performance of its health care exchanges. It is now old news that many uninsured individuals are unable, even with sizeable subsidies, to purchase health care coverage from private hea...

Read Richard Epstein's latest post: Yale, Beyond the Pale
10/25/2016
Yale, Beyond the Pale

Read Richard Epstein's latest post: Yale, Beyond the Pale

Richard Epstein* Richard Epstein In his recent op-ed in the Wall Street Journal, Yale President Peter Salovey tried to explain how colleges can make room for both freedom of speech and a culture of inclusion and diversity. Salovey wants to have his cake and eat it, too. The supposed tension between…

Read Judge Andrew P. Napolitano's latest post: What if Liberty Is Attached to Humanity?.
10/20/2016
What if Liberty Is Attached to Humanity?

Read Judge Andrew P. Napolitano's latest post: What if Liberty Is Attached to Humanity?.

Andrew Napolitano* Andrew Napolitano What if the Declaration of Independence states that the purpose of government is to protect our natural rights? What if natural rights are the freedoms we enjoy without neighbors or strangers or government interfering? What if those freedoms are listed in part in...

An Open Letter to Trump
10/18/2016
An Open Letter to Trump

An Open Letter to Trump

Richard Epstein* Dear Mr. Trump:   Richard Epstein It is hard—perhaps impossible—to calculate the damage that you have done to the United States and its people, and the people of the world. The situation that the United States faces today is one of great uncertainty at home and great peril abroad. Y...

Read Judge Andrew P. Napolitano's latest post: Can the Media Reveal Stolen Truths?.
10/13/2016
Can the Media Reveal Stolen Truths?

Read Judge Andrew P. Napolitano's latest post: Can the Media Reveal Stolen Truths?.

Andrew Napolitano* Andrew Napolitano It seems that at every turn during this crazy presidential election campaign -- with its deeply flawed principal candidates (whom do you hate less?) -- someone’s personal or professional computer records are being hacked. First it was Hillary Clinton’s emails tha...

Read Richard Epstein's latest post: Intellectual Myopia On Insider Trading.
10/11/2016
Intellectual Myopia On Insider Trading

Read Richard Epstein's latest post: Intellectual Myopia On Insider Trading.

Richard Epstein* Richard Epstein This past week, the United States Supreme Court heard oral argument in  Salman v. United States, an important case concerning federal securities law. At issue are the limitations placed on insiders who trade in the shares of companies on the basis of material, nonpub...

Read Judge Andrew P. Napolitano's latest post: What if Trump and Clinton Have the Same Core Beliefs?.
10/06/2016
What if Trump and Clinton Have the Same Core Beliefs?

Read Judge Andrew P. Napolitano's latest post: What if Trump and Clinton Have the Same Core Beliefs?.

Andrew Napolitano* Andrew Napolitano What if the most remarkable aspect of this presidential election is not how much the two principal candidates disagree with each other but how much they actually agree? What if they are both statists? What if they both believe that the government’s first duty is…

Read Judge Andrew P. Napolitano's latest post: She Clobbered Him (Don’t Shoot the Messenger)
09/29/2016
She Clobbered Him (Don’t Shoot the Messenger)

Read Judge Andrew P. Napolitano's latest post: She Clobbered Him (Don’t Shoot the Messenger)

Andrew Napolitano* Andrew Napolitano In this weekly column and in my on-air work at Fox News, I have characterized former Secretary of State Hillary Clinton as a crook and as the "Queen of Deception." I have argued that there is enough credible evidence in the public domain to indict, prosecute and…

Read Richard Epstein's latest post: The Government’s Civil Rights Bullies.
09/27/2016
The Government’s Civil Rights Bullies

Read Richard Epstein's latest post: The Government’s Civil Rights Bullies.

Richard Epstein* Richard Epstein Earlier this month, the U.S. Commission on Civil Rights issued its report Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. The report, which was occasioned in part by the same-sex marriage debate, tries to determine the correct rel...

Read Judge Andrew P. Napolitano's latest post: Due Process Is Vital to Freedom.
09/22/2016
Due Process Is Vital to Freedom

Read Judge Andrew P. Napolitano's latest post: Due Process Is Vital to Freedom.

Andrew Napolitano* “No person shall … be deprived of life, liberty, or property, without due process of law…” -- Fifth Amendment to the U.S. Constitution Andrew Napolitano The clash in American history between liberty and safety is as old as the republic itself. As far back as 1798, notwithstanding…

Read Richard Epstein's latest post: Clinton’s Tax Conceit.
09/20/2016
Clinton’s Tax Conceit

Read Richard Epstein's latest post: Clinton’s Tax Conceit.

Richard Epstein* Richard Epstein Hillary Clinton has revealed further details of her plan for the fiscal future of the United States. Her vision addresses both sides of the equation: how and from whom taxes should be raised; and how and for whom they should be spent. Her plan is squarely within the…

Read Judge Andrew P. Napolitano's latest post: What Is the FBI Hiding?.
09/15/2016
What Is the FBI Hiding?

Read Judge Andrew P. Napolitano's latest post: What Is the FBI Hiding?.

Andrew Napolitano* Andrew Napolitano Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see; and in the Senat...

Read Richard Epstein's latest post: Europe Gets Apple Right.
09/13/2016
Europe Gets Apple Right

Read Richard Epstein's latest post: Europe Gets Apple Right.

Richard Epstein* Richard Epstein On August 30, the European Commission issued a blockbuster ruling that required Ireland to recoup, with interest, the €13 billion in tax benefits that it has granted Apple since 1991. The tax breaks, the commission held, violated the European Union’s “state aid rules...

Read Richard Epstein's latest post: New York’s Self-Inflicted Housing Crunch.
09/06/2016
New York’s Self-Inflicted Housing Crunch

Read Richard Epstein's latest post: New York’s Self-Inflicted Housing Crunch.

Richard Epstein* Richard Epstein People who live in New York City know that its frenetic pace can induce anxiety. In part, that angst stems from living in a highly congested city brimming with energy. But there’s also the anxiety from New York’s crazy-quilt pattern of land use regulation, which a Ne...

Read Richard Epstein's latest post: Graduate Students as Protected “Employees”
08/30/2016
Graduate Students as Protected “Employees”

Read Richard Epstein's latest post: Graduate Students as Protected “Employees”

Richard Epstein* Richard Epstein Last week, the National Labor Relations Board held that the graduate students of Columbia University who work as teaching assistants, including any research assistants “engaged in research funded by external grants,” are statutory employees protected under the Nation...

Read Richard Epstein's latest post: Our Regulator-In-Chief.
08/16/2016
Our Regulator-In-Chief

Read Richard Epstein's latest post: Our Regulator-In-Chief.

Richard Epstein* Richard Epstein Now that we are in the final lap of President Barack Obama’s presidency, the debate has begun over his historical legacy. The New York Times is contributing to that debate with a six-part series assessing his presidency called “The Obama Era.” The first article in th...

Read Judge Andrew P. Napolitano's latest post: Hillary Clinton Short-Circuited?.
08/11/2016
Hillary Clinton Short-Circuited?

Read Judge Andrew P. Napolitano's latest post: Hillary Clinton Short-Circuited?.

*Andrew Napolitano Andrew Napolitano When former Secretary of State Hillary Clinton was asked last week if she has misled the American people on the issue of her failure to safeguard state secrets contained in her emails, she told my Fox News colleague, Chris Wallace, that the FBI had exonerated her...

Read Richard Epstein's latest post: The Blue State Model Has Failed.
08/09/2016
The Blue State Model Has Failed

Read Richard Epstein's latest post: The Blue State Model Has Failed.

*Richard Epstein The defining economic truth of the last decade has been the want of sustained growth. Progressives and classical liberals agree that economic growth is a good thing, but they differ profoundly in how to best to achieve it. The only way to spur growth is to undo the structural barrie...

Read Judge Andrew P. Napolitano's latest post: Lessons From the Deep State.
08/04/2016
Lessons From the Deep State

Read Judge Andrew P. Napolitano's latest post: Lessons From the Deep State.

Andrew Napolitano* Andrew Napolitano On the eve of the Democratic National Convention, WikiLeaks -- the courageous international organization dedicated to governmental transparency -- exposed hundreds of internal emails circulated among senior staff of the Democratic National Committee during the pa...

Read Richard Epstein's latest post: The Poverty Of Progressivism.
08/03/2016
The Poverty Of Progressivism

Read Richard Epstein's latest post: The Poverty Of Progressivism.

Richard Epstein* Richard Epstein Political life is rich with contradictions. In her acceptance speech at the Democratic National Convention, presidential nominee Hillary Rodham Clinton insisted that the economic performance of the past eight years was “much stronger” than it was during the Bush year...

Read Judge Andrew P. Napolitano's latest post: Free Speech and Political Conventions.
07/27/2016
Free Speech and Political Conventions

Read Judge Andrew P. Napolitano's latest post: Free Speech and Political Conventions.

Andrew Napolitano* Andrew Napolitano This summer, we have all witnessed the heavy hand of government intervening in the freedom of speech, as the behavior of the Secret Service at both the Republican convention in Cleveland and the Democratic convention in Philadelphia was troubling and unconstituti...

Read Richard Epstein's latest post: Are Voter ID Laws Racist?.
07/26/2016
Are Voter ID Laws Racist?

Read Richard Epstein's latest post: Are Voter ID Laws Racist?.

Richard Epstein* Richard Epstein There are few things as controversial in American political life as voting rights. The issue surged to the fore this past week in Veasey v. Abbott when the Fifth Circuit, by a 9-6 vote, delayed the enforcement of Texas Law SB 14. This law limited the forms of photo i...

Read Judge Andrew P. Napolitano's latest post: What if the Fix Was In?.
07/21/2016
What if the Fix Was In?

Read Judge Andrew P. Napolitano's latest post: What if the Fix Was In?.

Andrew Napolitano* Andrew Napolitano What if the folks who run the Department of Political Justice recently were told that the republic would suffer if Hillary Clinton were indicted for espionage because Donald Trump might succeed Barack Obama in the presidency? What if espionage is the failure to s...

Read Richard Epstein's latest post: Religious Liberty Under Siege in Mississippi.
07/19/2016
Religious Liberty Under Siege in Mississippi

Read Richard Epstein's latest post: Religious Liberty Under Siege in Mississippi.

Richard Epstein* Richard Epstein Last month, Judge Carlton W. Reeves of the Northern District of Mississippi handed down an extraordinarily misguided decision in Barber v. Bryant by issuing a preliminary injunction against House Bill 1523, Mississippi’s newly passed religious liberty law, just minut...

Read Richard Epstein's latest post: Hasty Judgment On “Institutional Racism”.
07/14/2016
Hasty Judgment On “Institutional Racism”

Read Richard Epstein's latest post: Hasty Judgment On “Institutional Racism”.

Richard Epstein* Richard Epstein Over the past few dizzying days, the nation has been shaken by the killings of Alton Sterling in Baton Rouge, Louisiana, Philando Castile in St. Paul, Minnesota, and the five police officers mercilessly gunned down in Dallas, Texas. These events have intensified a bi...

Read Judge Andrew P. Napolitano's latest post: Hillary Clinton and Personal Honesty.
07/14/2016
Hillary Clinton and Personal Honesty

Read Judge Andrew P. Napolitano's latest post: Hillary Clinton and Personal Honesty.

Andrew Napolitano* Andrew Napolitano When FBI Director James Comey publicly revealed his recommendation to the Department of Justice last week that former Secretary of State Hillary Clinton not be prosecuted for espionage, he unleashed a firestorm of criticism from those who believe that Clinton was...

Read Richard Epstein's latest post: Hasty Judgment On “Institutional Racism”.
07/14/2016
Hasty Judgment On “Institutional Racism”

Read Richard Epstein's latest post: Hasty Judgment On “Institutional Racism”.

Richard Epstein* Richard Epstein Over the past few dizzying days, the nation has been shaken by the killings of Alton Sterling in Baton Rouge, Louisiana, Philando Castile in St. Paul, Minnesota, and the five police officers mercilessly gunned down in Dallas, Texas. These events have intensified a bi...

Read Judge Andrew P. Napolitano's latest post: The Department of Political Justice.
07/08/2016
The Department of Political Justice

Read Judge Andrew P. Napolitano's latest post: The Department of Political Justice.

Andrew Napolitano* Andrew Napolitano Is it worth impairing the reputation of the FBI and the Department of Justice to save Hillary Clinton from a deserved criminal prosecution by playing word games? What has become of the rule of law -- no one is beneath its protections or above its requirements --…

Read Richard Epstein's latest post: Barack Obama's Failed Presidency.
07/06/2016
Barack Obama's Failed Presidency

Read Richard Epstein's latest post: Barack Obama's Failed Presidency.

Richard Epstein* Richard Epstein The week after the Fourth of July is a good time to take stock of the presidency of Barack Obama. It is highly unlikely that he will change course in his six remaining months in office, so he will be judged by history on his current record. That record reveals an eno...

Read Judge Andrew P. Napolitano's latest post: Illegal War and Disguised Truth.
07/01/2016
Illegal War and Disguised Truth

Read Judge Andrew P. Napolitano's latest post: Illegal War and Disguised Truth.

Andrew Napolitano* Andrew Napolitano The 800-plus-page report of the House Select Committee on Benghazi was released earlier this week. It slams former Secretary of State Hillary Clinton for her willful indifference to her obligation to repel military-style attacks on American interests and personne...

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