Wikipedia

Richard Epstein

For the American game theorist, seeRichard Arnold Epstein.For the behavioral geneticist, seeRichard Ebstein.

Richard Allen Epstein(born April 17, 1943) is an American legal scholar known for his writings ontorts,contracts,property rights,law and economics,classical liberalism,andlibertarianism.He is the Laurence A. Tisch Professor of Law atNew York Universityand the director of the Classical Liberal Institute. He also serves as the Peter and Kirsten Bedford Senior Fellow at theHoover Institutionand as a senior lecturer and the James Parker Hall Distinguished Service Professor of LawEmeritusat theUniversity of Chicago.[1]

Richard Epstein
Epstein in 2018
Born(1943-04-17)April 17, 1943(age 81)
New York City,U.S.
SpouseEileen
Children3
RelativesPaul Reiser(cousin)
Awards

Bradley Prize(2011)
Academic background
EducationColumbia University(BA)
Oriel College, Oxford(BA)
Yale University(LLB)
Influences
Academic work
DisciplineConstitutional law
Property law
InstitutionsUniversity of Southern California
University of Chicago
MacLean Center for Clinical Medical Ethics
New York University
Main interestsTakings clause,Roman law
Notable worksTakings: Private Property and the Power of Eminent Domain(1985)
InfluencedRandy Barnett

According toJames W. Ely Jr.,Epstein's writings have had a "pervasive influence on American legal thought."[2]In 2000, a study published inThe Journal of Legal Studiesidentified Epstein as the 12th-most cited legal scholar of the 20th century; in 2008, he was chosen in a poll byLegal Affairsas one of the most influential modern legal thinkers. A study of legal publications between 2009 and 2013 found Epstein to be the third-most frequently cited American legal scholar during that period, behind onlyCass SunsteinandErwin Chemerinsky.In a 2021 examination byFred R. Shapiro,Epstein was the fifth most-cited legal scholar of all time.[3]

Early life and education

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Epstein was born on April 17, 1943, inBrooklyn, New York.His grandparents wereAshkenazi Jewswho immigrated to the United States fromRussiaandAustriain the early 20th century. Epstein's father, Bernard Epstein (1908–1978), was aradiologist,and his mother, Catherine Epstein (néeReiser; 1908–2004), managed his father's medical office.[4]He has two sisters. He attended elementary school at P.S.161, a school that is now one of theSuccess Academy Charter Schools.[5]Epstein and his family lived in Brooklyn until 1954, when his father began working at theLong Island Jewish Medical Centerand their family moved toGreat Neck, Long Island.[5]

Epstein attendedColumbia Universityas an undergraduate in the early 1960s. He had wide-ranging academic interests and did not wish to select a singlemajor,obtaining special permission from the university to pursue a self-selected program of study acrosssociology,philosophy,andmathematics.He graduated with aB.A.,summa cum laude,in 1964.[6]

Epstein's undergraduate performance earned him a Kellett Fellowship, an award at Columbia that pays for two of each year's top graduates to spend two years in England studying at eitherCambridge UniversityorOxford University;Epstein chose Oxford, where he studiedjurisprudenceatOriel College.He received a B.A. withfirst-class honoursin 1966, and then returned to the United States to attendYale Law School.Because he had an English law degree, Epstein entered Yale as a transfer student with second-year standing.[7]He graduated in 1968 with aLL.B.,cum laude.

Academic career

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After graduating from law school, Epstein became an assistant professor at theGould School of Lawof theUniversity of Southern California(USC). He taught at USC for four years before moving to theUniversity of Chicago Law Schoolin 1972. Epstein taught at Chicago for 38 years, eventually holding the title of James Parker Hall Distinguished Service Professor of Law. Epstein formally retired from Chicago in 2010, but quickly came out of retirement to join the faculty of theNew York University School of Lawas its inauguralLaurence A. TischProfessor of Law. He remains a professor emeritus and senior lecturer at Chicago, occasionally teaching courses there. In 2013, NYU Law established a new academic research center, the Classical Liberal Institute, and named Epstein its inaugural director.[8]

Since 2001, Epstein has served as the Peter and Kirsten Bedford Senior Fellow at theHoover Institution,a prominent American public policy think tank atStanford University.He has served in many academic and public organizations and has received a number of awards. In 1983, he was made a senior fellow at the Center for Clinical Medical Ethics at theUniversity of Chicago Medical School,and, in 1985, he was inducted into theAmerican Academy of Arts and Sciences.[9]He was editor of theJournal of Legal Studiesfrom 1981 to 1991, and of theJournal of Law and Economicsfrom 1991 to 2001. In 2003, Epstein received an honoraryLL.D.degree from theUniversity of Ghent,and in 2018 he received an honorary doctorate in law from theUniversity of Siegen.[10]In 2005, theCollege of William & Maryawarded him theBrigham-Kanner Property Rights Prizefor his contributions to the field ofproperty rights.[11]In 2011, he was awarded aBradley Prizeby the Bradley Foundation.[12]

Writings

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Epstein became famous in the American legal community in 1985 withHarvard University Press's publication of his bookTakings: Private Property and the Power of Eminent Domain.In the book, Epstein argued that the "Takings Clause"of theFifth Amendment to the U.S. Constitution—which reads, "nor shall private property be taken for public use, without just compensation", and is traditionally viewed as a limit on the governmental power ofeminent domain—gives constitutional protection to citizens' economic rights,[2]and so requires the government to be regarded the same as any other private entity in a property dispute. The argument was controversial and sparked a great deal of debate on the interpretation of the takings clause after the book's publication. DuringClarence Thomas'sSupreme Court Justice confirmation hearingsin 1991, then-SenatorJoe Biden,"in a dramatic movement", held the book up and "repeatedly interrogated" Thomas about his position on the book's thesis.[2]The book served as a focal point in the argument about the government's ability to control private property.[13]It has also influenced how some courts view property rights[14]and been cited by theU.S. Supreme Courtfour times, including in the 1992 caseLucas v. South Carolina Coastal Council.[13]

At the height of theHIV pandemicin 1988, Epstein argued that companies ought to be able to discriminate against "AIDS carriers" and that anti-discrimination laws were unfair to employers. In place of such laws, Epstein argued that "AIDS carriers" ought to have their health insurance premiums subsidized via taxation so as to "discipline the behavior of government and interests groups, here by requiring citizens to make choices about how much they individually are prepared to pay to subsidize AIDS carriers." Furthermore, he argued that "[t]here is no reason to suppose that any public benefit obtained from having employers and their insurers care for AIDS victims will be at some level that matches the additional costs that are imposed." Instead, Epstein proposed that employers have the right to refuse to hire suspected "AIDS carriers".[15]

Epstein is an advocate of minimal legal regulation. In his 1995 bookSimple Rules for a Complex World,he consolidates much of his previous work and argues that simple rules work best because complexities create excessive costs. Complexity comes from attempting to do justice in individual cases. Complex rules are justifiable, however, if they can be opted out of. Drawing onGary Becker,he argues that theCivil Rights Actand otheranti-discriminationlegislation ought to be repealed. Consistent with the principles ofclassical liberalism,he believes that the federal regulation onsame-sex marriage,theDefense of Marriage Act,should be repealed,[16]stating:

"Under our law, only the state may issue marriage licenses. That power carries with it a duty to serve all-comers on equal terms, which means that the state should not be able to pick and choose those on whom it bestows its favors. DOMA offends this principle in two ways. First, it excludes polygamous couples from receiving these marital benefits. Second, it excludes gay couples. Both groups contribute to the funds that support these various government programs. Both should share in its benefits."

Epstein has criticized the Supreme Court ruling inObergefell v. Hodges.[17][18]In 2007, he defended the intellectual property rights of pharmaceutical companies against the cheaper, generic production of AIDS drugs, writing that "disregarding property rights in the name of human rights reduces human welfare around the globe".[19]

In 2014, Epstein argued against reparations for African Americans in a piece published on the Hoover Institution's website.[20]

Contributing to the anthologyOur American Story(2019), Epstein addressed the possibility of a shared American narrative. Taking a decidedly skeptical approach, Epstein concluded that no new national narrative can be achieved "unless we engage in what I call American minimalism—a conscious reduction of the issues that we think are truly best handled as a nation and not better address by smaller subnational groups: states, local governments, and, most importantly, all sorts of small private organizations that are free to choose as they please in setting their own membership and mission."[21]

COVID-19 pandemic

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In March and April 2020, Epstein wrote several essays published by theHoover Institutiongiving a contrarian account of theCOVID-19 pandemicand warning against extensive containment and mitigativeUnited States responses to the COVID-19 pandemic,which he called an "overreaction".[22]In a piece published on March 16, he argued that the word "pandemic" is not to be used lightly and that the virus should be allowed to run its course, predicting there would be 500 U.S. deaths. In early June, the U.S. death total surpassed 100,000.[23]On March 24, when U.S. deaths had already exceeded 500, Epstein added a "Correction & Addendum", in which he changed his forecast to 5,000 deaths[24][25][26]without changing the underlying model that had led him to his first estimate.[27]On April 6, when the death toll had already far surpassed his earlier predictions, he again revised that figure, with the "Correction & Addendum" section declaring under the inaccurate date stamp "March 24, 2020" that the "original erroneous estimate of 5,000 dead in the US [was] a number 10 times smaller than [he had] intended to state", implying that both "500" and "5,000" had been misprints for "50,000".[28]After several news reports about Epstein's ever-increasing estimates, on April 21 an editor's note appeared on the website that explained the latest changes as an "editing error" and clarified that Epstein's original prediction had been 500 deaths.[29]In December 2020, when the death toll from COVID-19 in the U.S. was over 333,000,Politiconamed Epstein's predictions among "the most audacious, confident and spectacularly incorrect prognostications about the year".[30]

Epstein compared COVID-19 to the2009 H1N1 pandemicand suggested that public health measures "are done better at the level of plants, hotels, restaurants, and schools than remotely by political leaders." He argued that "the response of the state governors to the coronavirus outbreak has become far more dangerous than the disease itself", writing that the number of deaths had been exaggerated.[31]His essays, containing a number of factual errors and misconceptions about theSARS-CoV-2virus, circulated in conservative circles and in theTrump administrationupon their publication.[32][33]In an article published on June 6, Epstein praisedRepublican-governed states like Florida for their crisis management, linking the then greater deaths inDemocratic-governed states to their "interventionist policies".[34]

Influence

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Epstein speaks at a conference inGeorge Mason University(2009)

In 2006, the American scholarJames W. Ely Jr.wrote: "It is a widely accepted premise that Professor Richard A. Epstein has exercised a pervasive influence on American legal thought."[2]In 2000, a study published inThe Journal of Legal Studiesidentified Epstein as the 12th-most cited legal scholar of the entire 20th century.[35]In 2008, he was chosen in a poll taken byLegal Affairsas one of the most influential legal thinkers of modern times.[36]A study of legal publications between 2009 and 2013 found Epstein to be the 3rd most frequently cited American legal scholar, behind onlyCass SunsteinandErwin Chemerinsky.[37]

Epstein's former students include a number of prominent judges, lawyers, and law professors, includingNeomi Rao,Michael McConnell,Noel Francisco,Martha Pacold,andDavid McIntosh.[7]

Politics

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Epstein has said that when voting, he chooses "anyone but the Big Two" who are "just two members of the same statist party fighting over whose friends will get favors".[38]He has votedLibertarian.[39]Epstein says he is "certainly aCalvin Coolidgefan; he made some mistakes, but he was a small-government guy ".[39]Epstein served onThe Constitution Project's Guantanamo Task Force.[40][41][42]Epstein has said thatLearned Handshould have been on the Supreme Court and that his favorite English judge wasBaron Bramwell.[7]

In early 2015, Epstein commented on his relationship to the modern American political landscape, stating: "I'm in this very strange position: I'm not a conservative when it comes to religious values and so forth, but I do believe, in effect, in a strong foreign policy and a relatively small domestic government, but that's not the same thing as saying I believe in no government at all."[43]He has also been characterized as alibertarian conservative.[44][45]During a debate with Chris Preble in December 2016, Epstein identified himself as being a "libertarianhawk".[46]

In 2023, Epstein co-authored an op-ed in theWall Street Journaldefending the2023 Israeli judicial reform.[47]Epstein has defended Israel's policies vis-à-vis Palestinians, callingallegations of apartheida canard.[48]

Personal life

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Epstein's wife, Eileen W. Epstein, is a fundraiser and educator who serves on the board of trustees for the philanthropic organizationAmerican Jewish World Service.They have three children: two sons, Benjamin M. and Elliot, and a daughter, Melissa. Epstein is a first cousin of the comedian and actorPaul Reiser.[49]

Epstein, who had a bar mitzvah,[7]has described himself as "a rather weak, non-practicingJew."[50]

Selected publications

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Books

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  • Epstein, Richard A. (1985).Takings: Private Property and the Power of Eminent Domain.Cambridge: Harvard University Press.ISBN0674867297.
  • — (1992).Forbidden Grounds: The Case Against Employment Discrimination Laws.Cambridge: Harvard University Press.ISBN978-0674308084.
  • —;Stone, Geoffrey R.;Sunstein, Cass R.(1992).The Bill of Rights in the Modern State.Chicago: University of Chicago Press.ISBN978-0226775326.
  • — (1995).Simple Rules for a Complex World.Cambridge: Harvard University Press.ISBN978-0674808218.
  • —;Sunstein, Cass R.(2001).The Vote: Bush, Gore & the Supreme Court.Chicago: University of Chicago Press.ISBN978-0226213071.
  • — (2011).Design for Liberty: Private Property, Public Administration, and the Rule of Law.Cambridge: Harvard University Press.ISBN978-0674061842.
  • — (2014).The Classical Liberal Constitution: The Uncertain Quest for Limited Government.Cambridge: Harvard University Press.ISBN978-0674724891.
  • — (2020).The Dubious Morality of Modern Administrative Law.Lanham: Rowman & Littlefield.ISBN978-1-5381-4149-6.

Articles

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Casebooks

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See also

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References

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Footnotes
  1. ^"Richard Epstein - Biography | NYU School of Law".its.law.nyu.edu.RetrievedJune 19,2024.
  2. ^abcdEly (2006),p. 421.
  3. ^Shapiro, Fred (November 1, 2021)."The Most-Cited Legal Scholars Revisited".University of Chicago Law Review.88(7).ISSN0041-9494.
  4. ^Frey (2009).
  5. ^abTroy Senik; Richard Epstein (July 29, 2015)."The Education of a Libertarian".The Libertarian Podcast(Podcast). Hoover Institution.RetrievedSeptember 6,2015.{{cite podcast}}:CS1 maint: multiple names: authors list (link)
  6. ^Hannemann, Benjamin."Richard A. Epstein".bradleyfdn.org.RetrievedJuly 27,2020.
  7. ^abcd"Interview with Richard Epstein".Interviews with Max Raskin.RetrievedJuly 1,2021.
  8. ^"Classical Liberal Institute launched at conference on Fannie Mae and Freddie Mac".NYU School of Law. September 20, 2013.RetrievedJuly 12,2015.
  9. ^Richard A. Epstein,University of Chicago.
  10. ^"Universität Siegen zeichnet Richard A. Epstein aus"(in German).RetrievedOctober 11,2018.
  11. ^"Hoover Fellow Richard A. Epstein Honored With Brigham-Kanner Property Rights Prize From College of William and Mary Law School".Hoover.org.
  12. ^"Recipients – The Bradley Prizes".Archived fromthe originalon February 26, 2015.RetrievedFebruary 26,2015.
  13. ^ab"News & Media | University of Chicago Law School".law.uchicago.edu.
  14. ^Steve Chapman (April 1995)."Takings Exception".Reason.RetrievedOctober 26,2008.
  15. ^Epstein, Dick."AIDS, Testing and the Workplace".University of Chicago Legal Forum.1988:33–56.
  16. ^Richard A. Epstein (July 12, 2010)."Judicial Offensive Against Defense Of Marriage Act".Forbes.RetrievedSeptember 6,2010.
  17. ^Richard A. Epstein (June 29, 2015)."Hard Questions On Same-Sex Marriage".Hoover Institution.RetrievedJanuary 3,2018.
  18. ^Mark Joseph Stern (July 2, 2015)."Richard Epstein on Obergefell".Slate.
  19. ^"AIDS drugs: Are property rights and human rights in conflict?".Financial Times.May 15, 2007.Archivedfrom the original on December 10, 2022.
  20. ^"The Case Against Reparations for Slavery".Hoover Institution.RetrievedFebruary 23,2022.
  21. ^Claybourn, Joshua,ed. (2019).Our American Story: The Search for a Shared National Narrative.Lincoln, NE: Potomac Books. pp. 175–188.ISBN978-1640121706.
  22. ^Richard A. Epstein (March 23, 2020)."Coronavirus Overreaction".Hoover Institution.RetrievedMarch 29,2020.
  23. ^"Coronavirus USA Cases Deaths".Washington Post.June 1, 2020.
  24. ^Heer, Jeet (March 30, 2020)."All the President's Crackpots".The Nation.ISSN0027-8378.RetrievedApril 2,2020.
  25. ^Coaston, Jane (March 31, 2020)."The legal scholar who shaped Trump's coronavirus response defends his theory".Vox.RetrievedApril 2,2020.
  26. ^Richard A. Epstein (March 16, 2020)."Coronavirus Perspective".Hoover Institution. Archived fromthe originalon March 28, 2020.RetrievedMarch 29,2020.
  27. ^Douglass, Rex W. (March 30, 2020)."How to be Curious Instead of Contrarian About COVID-19: Eight Data Science Lessons From 'Coronavirus Perspective' (Epstein 2020)".RetrievedApril 26,2020.
  28. ^Masnick, Mike (April 22, 2020)."Famed Law Professor Richard Epstein's Ever Changing Claims About How Many People Will Die From COVID-19".Techdirt.RetrievedApril 26,2020.
  29. ^Richard A. Epstein (March 16, 2020)."Coronavirus Perspective".Hoover Institution. Archived fromthe originalon April 5, 2020.RetrievedApril 26,2020.
  30. ^Stanton, Zack (December 29, 2020)."The Worst Predictions of 2020".Politico.RetrievedDecember 30,2020.
  31. ^"Richard Epstein Can't Stop Being Wrong About the Coronavirus".April 21, 2020.
  32. ^Isaac Chotiner (March 30, 2020)."The Contrarian Coronavirus Theory That Informed the Trump Administration".The New Yorker.RetrievedApril 10,2020.
  33. ^"Trump weighs restarting economy despite warnings from U.S. public health officials".The Washington Post.2020.
  34. ^Richard A. Epstein (June 6, 2020)."Red state, blue state".Las Vegas Review-Journal.RetrievedJuly 18,2020.
  35. ^Shapiro, Fred R. (2000). "The Most-Cited Legal Scholars".Journal of Legal Studies.29(1): 409–26.doi:10.1086/468080.S2CID143676627.
  36. ^2014 Scholarly Impact – Leitner Rankings.
  37. ^"Richard Epstein lays down the law".chicagomaroon.RetrievedApril 15,2020.
  38. ^ab"Who's Getting Your Vote?".Reason. November 2004.RetrievedOctober 27,2008.
  39. ^ "Task Force members"(PDF).The Constitution Project.December 17, 2010. Archived fromthe original(PDF)on July 25, 2011.RetrievedJune 11,2015.
  40. ^ "Task Force on Detainee Treatment Launched".The Constitution Project.December 17, 2010. Archived fromthe originalon December 15, 2010.
  41. ^"Think tank plans study of how US treats detainees".Wall Street Journal.December 17, 2010. Archived fromthe originalon December 19, 2010.
  42. ^"Special Edition: Epstein and Levin on Progressivism, Classical Liberalism, and Conservatism",The Libertarian Podcast,Hoover Institution, February 4, 2015.
  43. ^Piper, J. Richard (1997).Ideologies and Institutions: American Conservative and Liberal Governance Prescriptions Since 1933.Rowman & Littlefield.ISBN978-0847684595.
  44. ^"Defining Richard Epstein: A renowned libertarian takes on a new mantle | NYU School of Law".law.nyu.edu.RetrievedOctober 7,2016.
  45. ^"U.S. Involvement in War | C-SPAN.org".c-span.org.
  46. ^Epstein, Richard A.; Raskin, Max (January 29, 2023)."Israel's Proposed Judicial Reforms Aren't 'Extreme'".Wall Street Journal.RetrievedJanuary 29,2023.
  47. ^Epstein, Richard A.; Talel, Alexander (October 11, 2023)."Opinion: US academic leaders must stop coddling genocidal hatred of Israel on campus".TheHill.
  48. ^"The Chicken or the Egg?".February 13, 2014.
  49. ^Troy Senik, Richard Epstein (March 31, 2015)."Indiana, Discrimination, and Religious Liberty".The Libertarian(Podcast).Hoover Institution.RetrievedApril 11,2015.
Works cited

Further reading

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