Episodios

  • Episode Six: Trump v. Kimmel

    Episode Six: Trump v. Kimmel
    Sep 25 2025
    Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.
    Más Menos
    23 m
  • Episode 5: Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

    Episode 5: Posse Comitatus: Trump, Troops, and the Limits of Presidential Power
    Sep 3 2025
    Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.
    Más Menos
    26 m
  • Episode Four: Surf's Up: Roman Law and Beach Houses

    Episode Four: Surf's Up: Roman Law and Beach Houses
    Aug 21 2025
    Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.
    Más Menos
    26 m
  • Episode Three: Israel vs. New York Times

    Episode Three: Israel vs. New York Times
    Aug 7 2025
    On episode 3, Charles C. W. Cooke asks Richard Epstein about Israel's potential defamation suit against the New York Times. Can a country sue a newspaper? Where would such a case be heard? Does it matter that Israel is a "public figure"? Could "actual malice" be proved? Would the New York Times want to settle? Does its non-retraction update help, or worsen, its position?
    Más Menos
    33 m
  • Episode Two: Trump and Executive Power

    Episode Two: Trump and Executive Power
    Jul 24 2025
    On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?
    Más Menos
    31 m
  • The Kennedy Conundrum

    The Kennedy Conundrum
    Jun 21 2018

    As has become an annual tradition in the Trump era, the end of another Supreme Court session brings rumors of Justice Anthony Kennedy’s impending retirement. In this episode, Richard Epstein looks at Justice Kennedy’s legacy, considers whether lifetime terms on the Supreme Court are justified, and looks at the future of a post-Kennedy court.
    Más Menos
    20 m
  • Episode One: Immigration

    Episode One: Immigration
    Jul 17 2025
    The libertarian is back. On this first episode of the new series, Richard Epstein talks to host Charles C. W. Cooke about immigration. What powers was the federal government given over this area? What—and why—did those powers change? Can the states fill any gaps? What due process are immigrants entitled to?
    Más Menos
    23 m