WorldCat Identities

Epstein, Richard Allen 1943-

Works: 236 works in 552 publications in 1 language and 18,975 library holdings
Genres: Trials, litigation, etc  Conference proceedings 
Roles: Editor
Classifications: KF5599, 340.1
Publication Timeline
Publications about  Richard Allen Epstein Publications about Richard Allen Epstein
Publications by  Richard Allen Epstein Publications by Richard Allen Epstein
Most widely held works about Richard Allen Epstein
Most widely held works by Richard Allen Epstein
Takings : private property and the power of eminent domain by Richard Allen Epstein ( Book )
16 editions published between 1985 and 1998 in English and held by 1,669 WorldCat member libraries worldwide
Simple rules for a complex world by Richard Allen Epstein ( Book )
16 editions published between 1995 and 1997 in English and held by 1,656 WorldCat member libraries worldwide
Supreme neglect how to revive constitutional protection for private property by Richard Allen Epstein ( )
11 editions published in 2008 in English and held by 1,312 WorldCat member libraries worldwide
Discusses property rights according the the United States Constitution, and describes the history of the law, and covers real estate, water rights, intellectual properties, and more, and includes details from the "Kelo v. New London" trial from 2005
Design for liberty private property, public administration, and the rule of law by Richard Allen Epstein ( )
8 editions published in 2011 in English and held by 1,212 WorldCat member libraries worldwide
This book advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. The author bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights--an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us
Forbidden grounds : the case against employment discrimination laws by Richard Allen Epstein ( Book )
12 editions published between 1992 and 1995 in English and held by 1,118 WorldCat member libraries worldwide
This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major system of governmental regulation
Principles for a free society : reconciling individual liberty with the common good by Richard Allen Epstein ( Book )
9 editions published between 1998 and 2002 in English and held by 895 WorldCat member libraries worldwide
In Principles for a Free Society, distinguished legal scholar Richard Epstein staunchly defends the principles of limited government, showing how it can and will work to the advantage of almost all of our society. But the balance between a powerful economic engine and individual liberty requires careful dilution of pure laissez-faire policies. A seminal theoretician, Epstein carefully analyzes the interaction of law and social norms and highlights the handful of restraints that provide a moral foundation to a resilient, adaptive capitalist system. His central mission is "to explain how a concern with the common good does not eviscerate the traditional protections otherwise provided to individual liberty and private property."
How progressives rewrote the Constitution by Richard Allen Epstein ( Book )
10 editions published between 2006 and 2007 in English and held by 865 WorldCat member libraries worldwide
Although they purported to have great sophistication on economic and social matters, their understanding of those matters was primitive, and their disdain for the evident signs of social improvement colored their vision of the success of the older order. In the end, they cannot hide behind any notion of judicial restraint or high-minded social virtue. The Progressives and their modern defenders have to live with the stark truth that the noblest innovations of the Progressive Era were its greatest failures."--BOOK JACKET
Cases and materials on torts by Richard Allen Epstein ( Book )
35 editions published between 1977 and 2012 in English and held by 843 WorldCat member libraries worldwide
Intentionally inflicted harm : the prima facie case and defenses -- Strict liability and negligence : historic and analytic foundations -- The negligence issue -- Plaintiff's conduct -- Multiple defendants : joint, several, and vicarious liability -- Causation -- Affirmative duties -- Traditional strict liability -- Products liability -- Damages -- The institution of insurance -- The no-fault systems -- Defamation -- Privacy -- Misrepresentation -- Economic harms -- Tort immunities
Bargaining with the state by Richard Allen Epstein ( Book )
17 editions published between 1993 and 2001 in English and held by 821 WorldCat member libraries worldwide
Published in 1985, Richard Epstein's influential and widely read book Takings staked out the controversial position that the takings clause of the Constitution invalidated most forms of economic regulation and most major social welfare programs of the New Deal. In this sequel, Bargaining with the State, he examines the threats to liberty that arise not through direct legislative command but through the power of government selectively to distribute benefits and favors to its citizens through grants, contracts, licenses, tax exemptions, and access to public property. His aim is to show that government use of monopoly power in bargaining can be just as dangerous as its direct exercise of the power of taxation and regulation. For Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare. In Takings, Epstein argued that the takings clause was crafted to ensure to the extent possible that no individuals were net losers from government programs of taxation or regulation. Today in Bargaining with the State, he turns to the fair distribution of the gains from desirable government programs and the implicit peril to individual liberty and social welfare when government attaches strings to persons receiving its benefits. In so doing he offers a rigorous solution to the so-called paradox of unconstitutional conditions: why people bargaining with the state need not always take the bitter with the sweet, but may sometimes keep the government benefit while cutting the government string. Signs of this basic dilemma are evident everywhere. The government need not build roads. But if it does it cannot admit citizens only on condition that they support the incumbent administration, or cease criticism of it, even if they are willing to do so. Likewise if the government cannot govern the internal operations of religious institutions, then, Epstein maintains, it cannot constitutionally seek to influence their behavior by the selective award of tax benefits. Thus he takes the Supreme Court to task for its widely praised decision in the well-publicized Bob Jones University case, where the Court upheld the government decision to deny Bob Jones University its tax-exempt status solely because it had refused, for religious reasons, to allow interracial dating and marriage among its students. So long as the first amendment protected the free exercise of religion, argues Epstein, the government could not properly condition the tax exemption on Bob Jones's abandonment of its policies, when other religious institutions could enjoy exemptions while retaining complete internal control over their own affairs. Epstein extends his analysis to a wide range of explosive issues that involve the funding of education, welfare, and the arts. He explains how similar problems arise in connection with such apparently mundane matters as the use of public highways, and the power of the government to control land use and to license persons to practice the various learned professions. And he shows what happens when the federal government, as a modern Leviathan, uses conditional grants to undermine the powers of the several states, or when one state seeks to use its own power to gain disproportionate influence over other states. What lends this book special intellectual power is Epstein's thorough effort to link the principles of constitutional law to those that govern ordinary individuals in private disputes. Unlike most constitutional law scholars, Epstein has taught and written extensively in the private law of property, torts, and contract. His analysis of coercion as it is used in private law provides the base for his carefully assembled constitutional structure. Epstein also draws on his wide knowledge of legal history, philosophy, game theory, and the relationship of law and economics to make Bargaining with the State an interdisciplinary study that should be required reading not only for lawyers but for scholars and citizens of all outlooks and backgrounds who are interested in understanding the perennial questions of the use and limits of government power
Mortal peril : our inalienable right to health care? by Richard Allen Epstein ( Book )
10 editions published between 1997 and 1999 in English and held by 744 WorldCat member libraries worldwide
The author's authoritative analysis leads to strong conclusions. HMOs and managed care, he argues, are the best way we know to distribute health care, despite some damage to the quality of the physician-patient relationship and the risk of inadequate care. In a similar vein, he maintains that voluntary private markets in human organs would be much more effective in making organs available for transplant operations than the current system of state control. In examining these complex issues, Epstein returns again and again to one simple theme: by what right does the state prevent individuals from doing what they want with their own bodies, their own lives, and their own fortunes?
The Bill of Rights in the modern state ( Book )
6 editions published in 1992 in English and held by 709 WorldCat member libraries worldwide
The vote : Bush, Gore, and the Supreme Court ( Book )
8 editions published in 2001 in English and held by 662 WorldCat member libraries worldwide
Free markets under siege : cartels, politics, and social welfare by Richard Allen Epstein ( Book )
19 editions published between 2004 and 2008 in English and Undetermined and held by 594 WorldCat member libraries worldwide
Drawing on his extensive knowledge of history, law, and economics, Richard Epstein examines how best to regulate the interface between market choice and government intervention?and find a middle way between socialism and libertarianism. He argues the merits of competition over protectionism and reveals the negative results that ensue when political forces displace economic competition with subsidies and barriers to entry. In the process, he provides an illuminating analysis of some of the ways that special interest groups, with the help of sympathetic politicians, have been able to manipulate free markets in their favor
Overdose : how excessive government regulation stifles pharmaceutical innovation by Richard Allen Epstein ( Book )
9 editions published between 2006 and 2009 in English and held by 502 WorldCat member libraries worldwide
Skepticism and freedom : a modern case for classical liberalism by Richard Allen Epstein ( Book )
8 editions published in 2003 in English and held by 435 WorldCat member libraries worldwide
"Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic traps that all judgments about our political institutions have equal worth."--BOOK JACKET
The case against the Employee Free Choice Act by Richard Allen Epstein ( )
6 editions published in 2009 in English and held by 433 WorldCat member libraries worldwide
With the Obama administration in the White House and an overwhelmingly Democratic Congress, passage of the Employee Free Choice Act (EFCA) appears likely. But it can and should be stopped if at all possible, given the adverse impact that it will have on the workplace and the overall economy. In The Case against the Employee Free Choice Act, Richard Epstein examines this proposed legislation and why it is a large step backward in labor relations that will work to the detriment of employees, employers, and the public at large
Modern products liability law : a legal revolution by Richard Allen Epstein ( Book )
10 editions published in 1980 in English and Undetermined and held by 424 WorldCat member libraries worldwide
A theory of strict liability : toward a reformulation of tort law by Richard Allen Epstein ( Book )
8 editions published between 1980 and 2010 in English and held by 408 WorldCat member libraries worldwide
Competition laws in conflict : antitrust jurisdiction in the global economy ( Book )
6 editions published in 2004 in English and held by 345 WorldCat member libraries worldwide
The growth and integration of national and global markets should make the world more competitive and antitrust policy less important. Instead, globalization has produced a veritable antitrust proliferation. When corporate transactions routinely cross borders, anti-competitive practices in one jurisdiction invariably affect producers and consumers in another. A system in which each affected jurisdiction gets to apply its own competition rules to those transactions poses a danger of grave political conflicts and, moreover, intolerable costs for producers, who must comply with the often conflicting demands of multiple jurisdictions
Federal preemption : states' powers, national interests ( Book )
5 editions published in 2007 in English and held by 330 WorldCat member libraries worldwide
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Alternative Names
Allen Epstein, Richard 1943-
Epstein, Richard 1943-
Epstein, Richard A.
Epstein, Richard A., 1943-
Epstein, Richard A., pravnik
Epstein, Richard A. (Richard Allen), 1943-
Epstein, Richard Allen
エプステイン, リチャード A
English (229)