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person1943–

Richard Epstein

Disciplines:
economics
law
libertarianism
economics/property rights

Summary

American legal scholar at NYU Law and Hoover Institution — author of Takings, Simple Rules for a Complex World, and Forbidden Grounds — the leading libertarian legal theorist in the US — who has argued for radical simplification of regulatory law.

Core Contribution

Creates the constitutional property rights argument against the regulatory state — Epstein's Takings argument (that regulatory restrictions on property use require just compensation under the Fifth Amendment) is the most consequential libertarian constitutional argument of the 20th century, directly influencing Supreme Court property rights doctrine.

Key Spikes & Highlights

  • Argues that virtually the entire regulatory state — from minimum wage to OSHA to environmental law — is constitutionally impermissible under a rigorous reading of the Takings and Due Process Clauses; his position is outside mainstream constitutional law even among conservatives
  • Produces an extraordinary volume of published commentary — op-eds, articles, books — at a rate that no law professor of comparable seniority matches; treats writing as a daily obligation rather than a periodic event

Notable Works & Achievements

Takings: Private Property and the Power of Eminent Domain

Simple Rules for a Complex World

Forbidden Grounds

Design for Liberty

Historical Influences

Friedrich Hayek Henry Simons John Stuart Mill

Intellectual Lineage

Brooklyn Columbia Oxford Yale Law University of Chicago LawNYU Law

Contemporaries & Peers

Ronald CoaseRichard PosnerRobert Bork

Minds Influenced

Libertarian constitutionalism

Intellectual Posterity

TakingsEpstein Takings clause argumentSimple Rules for a Complex World

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