Richard A. Epstein

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Essay
85.2
The Wrong Rights, or: The Inescapable Weaknesses of Modern Liberal Constitutionalism
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; and Senior Lecturer, The University of Chicago Law School

My thanks to Julia Haines and Manuel Valle, The University of Chicago Law School, Class of 2017, and Kenneth Hersey and Jonathan Povilonis, NYU School of Law, Class of 2018, for their usual excellent research assistance.

Professors Tom Ginsburg, Aziz Huq, and Mila Versteeg (GHV) have written a mile-a-minute, and decidedly one-sided, account of the decline and fall of liberal constitutionalism throughout the world in the past generation.

Civil Rights Constitutional Law
2
Essay
NRA v City of Chicago: Does the Second Amendment Bind Frank Easterbrook?
Richard A. Epstein
James Parker Hall Distinguished Professor of Law, The University of Chicago Law School; The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; and Visiting Professor of Law, New York University School of Law.

I would like to thank Nelson Lund for helpful comments on an earlier draft, and Caroline Van Ness, NYU School of Law Class of 2011, for her excellent research assistance in preparing this Essay.

Second Amendment
2
Essay
75.1
Cybersecurity in the Payment Card Industry
Richard A. Epstein
James Parker Hall Distinguished Service Professor of Law, The University of Chicago and Peter and Kirsten Bedford Senior Fellow, The Hoover Institution
Thomas P. Brown
Partner, O’Melveny & Myers

Both authors have consulted for Visa Inc. But our views on this subject are our own. We thank Chad Clamage, Stanford Law School, Class of 2008, and Ramtin Taheri, The University of Chicago Law School, Class of 2009, for their valuable research assistance on earlier drafts of the article.

Financial Regulation Privacy Technology
2
Article
76.1
The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow
Richard A. Epstein
James Parker Hall Distinguished Service Professor of Law, The University of Chicago Law School; Peter and Kirsten Bedford Senior Fellow, The Hoover Institution
Amanda M. Rose
Assistant Professor of Law, Vanderbilt University Law School

The authors thank participants at the Symposium, The Going-private Phenomenon: The Causes and Implications at The University of Chicago Law School for their helpful comments on an earlier draft.

Business Organizations Financial Regulation Securities Law
2
Essay
77.1
How to Undermine Tax Increment Financing: The Lessons of City of Chicago v ProLogis
Richard A. Epstein
The James Parker Hall Distinguished Service Professor of Law, The University of Chicago Law School; The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; and Visiting Professor at New York University Law School

In the interests of full disclosure, I advised ProLogis on some of the legal and economic issues connected with its brief. The opinions expressed here are of course my own.

Cities Financial Regulation Property Law Takings
Book review
77.2
The Classical Liberal Alternative to Progressive and Conservative Constitutionalism
Richard A. Epstein
James Parker Hall Distinguished Service Professor of Law, The University of Chicago Law School; Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; Visiting Professor of Law, New York University School of Law

My thanks to Sharon Yecies, The University of Chicago Law School, Class of 2011, for her excellent research assistance on an earlier version of this Review.

Constitutional Law Political Philosophy
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Article
78.1
Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University Law School; Peter and Kirstin Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School
F. Scott Kieff
Professor of Law, The George Washington University Law School; Ray & Louise Knowles Senior Fellow, The Hoover Institution

A draft version of this paper was presented at the Licensing of Intellectual Property Symposium held at The University of Chicago Law School on June 18 and 19, 2010. This work is part of the ongoing Hoover Institution Project on Commercializing Innovation, which studies the law, economics, and politics of innovation and which is available online at http://www.innovation.hoover.org. We thank Kevin Outterson, Associate Professor at Boston University School of Law, for pointing out our errors in reading the emergency conditions in TRIPS Article 31 in an earlier version of this paper and Brett Davenport, New York University Law School, Class of 2012 for his prompt and expert research assistance.

Food and Drug Law Intellectual Property Licensing Patent
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Response
80.1
Tushnet’s Lawless World
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, the Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School

My thanks to Peter Horn and Benjamin Margo, NYU Law School Class of 2014 for their excellent research decision on an earlier draft of this Response.

Political Philosophy Property Law Regulation
Print
Essay
84.1
Concepts before Percepts: The Central Place of Doctrine in Legal Scholarship
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School

My thanks to Bijan Aboutorabi, The University of Chicago Law School Class of 2018, and Philip Cooper, The University of Chicago Law School Class of 2017, for their valuable research assistance.

I.  Contract Damages

Best Practices Contract Law Jurisdiction Standing

Volumes