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Epstein, Richard Allen 1943-

Overview
Works: 233 works in 652 publications in 4 languages and 24,549 library holdings
Genres: Trials, litigation, etc  Conference papers and proceedings  History  Casebooks 
Roles: Author, Editor, Other
Classifications: KF3464, 340.1
Publication Timeline
Key
Publications about Richard Allen Epstein
Publications by Richard Allen Epstein
Most widely held works about Richard Allen Epstein
 
Most widely held works by Richard Allen Epstein
Forbidden grounds : the case against employment discrimination laws by Richard Allen Epstein( Book )
15 editions published between 1992 and 1995 in English and held by 1,099 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 )
18 editions published between 1998 and 2003 in English and Chinese and held by 960 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."
Simple rules for a complex world by Richard Allen Epstein( Book )
27 editions published between 1995 and 2006 in 4 languages and held by 912 libraries worldwide
Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little
Takings : private property and the power of eminent domain by Richard Allen Epstein( Book )
25 editions published between 1985 and 2005 in English and Japanese and held by 887 libraries worldwide
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory
Cases and materials on torts by Richard Allen Epstein( Book )
47 editions published between 1977 and 2016 in English and held by 861 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
The Bill of Rights in the modern state ( Book )
8 editions published in 1992 in English and held by 717 libraries worldwide
Papers presented at a symposium held Oct. 25-26, 1991, at the University of Chicago Law School
The vote : Bush, Gore, and the Supreme Court ( Book )
11 editions published in 2001 in English and held by 666 libraries worldwide
Though George W. Bush took office in January, the nation is still recovering from the prolonged and complex process by which he was elected. The Florida electoral controversy and the subsequent decisions by both the Florida courts and the US Supreme Court left citizens and scholars alike divided over the role of the judiciary in the electoral arena. Now, after several months of reflection, leading constitutional scholars - Cass R. Sunstein, Richard A. Epstein, Pamela S. Karlan, Richard A. Posner and John Yoo, among others - weigh in on the Supreme Court's actions, which still seem sensible, legally legitimate and pragmatically defensible to some and an egregious abuse of power to others. Representing the full spectrum of views and arguments, "The Vote" offers the most timely and considered guide to the ultimate consequences and significance of the Supreme Court's decision
Mortal peril : our inalienable right to health care? by Richard Allen Epstein( Book )
12 editions published between 1997 and 1999 in English and held by 658 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?
Bargaining with the state by Richard Allen Epstein( Book )
25 editions published between 1993 and 2001 in English and Undetermined and held by 590 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
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 497 libraries worldwide
This book is the first to offer a comprehensive examination of the pharmaceutical industry by following the tortuous course of a new drug as it progresses from early development to final delivery. Richard A. Epstein looks closely at the regulatory framework that surrounds all aspects of making pharmaceutical products today, and he assesses which current legal and regulatory practices make sense and which have gone awry. While critics of pharmaceutical companies call for ever more stringent controls on virtually every aspect of drug development and approval, Epstein cautions that the effect of such an approach will be to stifle pharmaceutical innovation and slow the delivery of beneficial treatments to the patients who need them. The author considers an array of challenges that confront the industry--conflicts of interest among government, academe, and the drug companies; intellectual property rights that govern patents; FDA regulation; pricing disputes; marketing practices; and liability issues, including those brought to light in the recent VIOXX case. Epstein argues that to ensure the continuing creativity, efficiency, and success of the pharmaceutical industry, the best system will feature strong property rights and clearly enforceable contracts, with minimal regulatory and judicial interference
Supreme neglect : how to revive constitutional protection for private property by Richard Allen Epstein( Book )
11 editions published in 2008 in English and held by 477 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
How progressives rewrote the Constitution by Richard Allen Epstein( Book )
12 editions published between 2006 and 2007 in English and Undetermined and held by 472 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."--Jacket
Skepticism and freedom : a modern case for classical liberalism by Richard Allen Epstein( Book )
7 editions published in 2003 in English and held by 444 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."--Jacket
Modern products liability law : a legal revolution by Richard Allen Epstein( Book )
11 editions published in 1980 in English and Undetermined and held by 405 libraries worldwide
A theory of strict liability : toward a reformulation of tort law by Richard Allen Epstein( Book )
8 editions published in 1980 in English and held by 399 libraries worldwide
The classical liberal Constitution : the uncertain quest for limited government by Richard Allen Epstein( Book )
12 editions published between 2013 and 2014 in English and Undetermined and held by 393 libraries worldwide
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard A. Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original text, and to the limited government this theory supports. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, the classical liberal tradition emphasized federalism, restricted government, separation of powers, property rights, and economic liberties. The most serious challenge to this tradition, Epstein contends, has come from New Deal progressives and their intellectual defenders. Unlike Thomas Paine, who saw government as a necessary evil at best, the progressives embraced government as a force for administering social good. The Supreme Court has unwisely ratified the progressive program by sustaining an ever-lengthening list of legislative programs at odds with the classical liberal Constitution. Epstein's carefully considered analysis addresses both halves of the constitutional enterprise: its structural safeguards against excessive government power and its protection of individual rights. He illuminates contemporary disputes ranging from presidential prerogatives to health care legislation, while reexamining such enduring topics as the institution of judicial review, the federal government's role in regulating economic activity, freedom of speech and religion, and equal protection
Competition laws in conflict : antitrust jurisdiction in the global economy ( Book )
8 editions published in 2004 in English and held by 355 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
Design for liberty : private property, public administration, and the rule of law by Richard Allen Epstein( Book )
6 editions published in 2011 in English and held by 330 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
Free markets under siege : cartels, politics, and social welfare by Richard Allen Epstein( Book )
19 editions published between 2004 and 2008 in English and held by 308 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. Epstein provides an 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."--BOOK JACKET
The case against the Employee Free Choice Act by Richard Allen Epstein( Book )
11 editions published between 2009 and 2013 in English and Undetermined and held by 168 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
 
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Alternative Names
Allen Epstein, Richard 1943-
Epstein, Richard
Epstein, Richard 1943-
Epstein, Richard A.
Epstein, Richard A. 1943-
Epstein, Richard A. pravnik
Epstein, Richard A. (Richard Allen)
Epstein, Richard A. (Richard Allen), 1943-
Epstein, Richard Allen
Richard Allen Epstein Amerikaans advocaat
Ричард Алън Ъпстейн американски юрист
ریچارد آلن اپستاین
엡스타인, 리처드 1943-
엡스타인, 리처드 A. 1943-
엡스타인, 리처드 앨런 1943-
エプステイン, リチャード A
リチャード・エプステイン
理查德·愛普斯坦
Languages
English (290)
Spanish (3)
Chinese (3)
Japanese (2)
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