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The Libertarian

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Rating
★★★★★
4.7
from
977 reviews
This podcast has
31 episodes
Language
English
Date created
2014/11/20
Latest episode
2026/10/08
Average duration
24 min.
Release period
16 days

Description

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.  The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.

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Diesel Shock: The High Cost of Energy Isolation
2026/10/08
Why are diesel prices soaring, and why doesn’t American energy independence shield consumers from global shocks? Richard Epstein discusses how war, restrictions on pipelines, and strained international relationships affect energy supplies. He also looks at the limits of energy self-sufficiency, the risks of disrupting global trade, and why expanding supply is essential to easing pressure on farmers, businesses, and households.
Trump’s $5,000 Promise and the Limits of Presidential Power
2026/10/03
Richard Epstein examines Trump’s proposal to send Americans $5,000 checks, questioning who would pay, whether the giveaway makes economic sense, and what congressional approval it would require. He discusses the difference between political promises and bribery, the constitutional limits on presidential spending, and the electoral risks of sweeping cash giveaways and whether a constitutional amendment should impose an upper age limit on presidents.
Can Trump Still Win the War With Iran?
2026/08/24
Richard Epstein takes a look at Trump’s war with Iran and a strategy Epstein sees as dangerously muddled. From the Strait of Hormuz and soaring geopolitical stakes to Trump’s faith in dealmaking, Epstein argues that half-measures have turned a potentially decisive conflict into a grinding war of attrition—with consequences that could reshape America’s alliances and the global balance of power.
Will a Mega-Merger Save or Destroy Hollywood?
2026/08/20
Richard Epstein unpacks the antitrust battle over the proposed Paramount Skydance–Warner Bros. Discovery merger—and what it reveals about the changing economics of Hollywood. From AI and labor unrest to regulatory overreach and interstate competition, Epstein argues that the industry’s real threat isn’t consolidation but rapid technological and economic disruption, making the case that blocking the deal could do more harm than good.
Zeus's Law: What The Odyssey Gets Right—and Wrong
2026/08/10
Richard Epstein and Charles C. W. Cooke discuss Christopher Nolan’s The Odyssey—its departures from Homer, its moral themes, and its spectacular scale. They also explore aesthetics, virtue, Greek and Roman law, and the relationship between ordinary moral intuition and formal legal reasoning.
Richard Epstein Fixes Soccer
2026/07/21
Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about whether smarter rules could make soccer fairer, faster, and even more exciting.
Roundup at The Supreme Court
2026/06/29
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
Elon Musk, Inequality, and the Politics of Envy
2026/06/22
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk’s hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to confiscate or redistribute them often destroy wealth, drive capital out of high-tax states, and leave everyone worse off. From California’s tax experiments to New York estate taxes to the politics of envy, Epstein makes the case that prosperity—not punishment—is the better path to helping the poor.
Trump’s Iran Gamble Is Backfiring
2026/06/02
This week, Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America’s fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump’s handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.
When Trump Sued Himself: The $1.776 billion Slush Fund
2026/05/29
Richard Epstein analyzes the Trump administration’s controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.
A Turning Point For Section 2: SCOTUS Reins in the Voting Rights Act
2026/04/29
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s latest Voting Rights Act decision, examining how the ruling in Louisiana v. Callais narrows the use of race in redistricting and marks a turning point in election law. Epstein argues that the Court has finally begun to rein in what he sees as decades of overreach, tracing the evolution of voting rights jurisprudence from the Civil Rights era to today and questioning whether majority-minority districts have outlived their original purpose. The conversation explores the legal foundations of racial gerrymandering, the unintended political consequences of engineered districts, and the broader implications for polarization, representation, and the future of redistricting in the United States.
The Half-War
2026/04/11
Richard Epstein examines the unfolding U.S. confrontation with Iran through both a strategic and constitutional lens, arguing that President Trump’s approach reflects a deeper tension between military necessity and political constraint. Epstein contends that limited or “half-war” measures—such as reliance on air power or pursuit of partial ceasefires—invite instability, while effective strategy demands either decisive dominance or restraint from intervention altogether. The conversation then pivots to the constitutional stakes, with Epstein criticizing the War Powers Act as an impractical and possibly unconstitutional encroachment on executive authority, arguing that modern warfare requires speed, secrecy, and unified command that Congress is structurally ill-equipped to provide. The discussion highlights the enduring conflict between law and strategy, suggesting that America’s greatest vulnerability may lie not only in foreign adversaries, but in its own divided system of war-making power.
The Slippery Slope of Social Media Liability
2026/03/27
A Los Angeles jury has handed down a verdict stating that Meta and Google are held liable for a young woman’s psychological harm allegedly linked to social media use—along with a $6 million damages award. But what legal theory could possibly justify it? Richard Epstein dissects the case, from the limits of Section 230 to the growing push to impose liability on platforms for user behavior. Epstein explains why the ruling rests on shaky ground, how it collides with longstanding principles of tort law, and why—if upheld—it could expose tech companies to catastrophic, system-wide liability. The conversation ranges from contributory liability and First Amendment concerns to the deeper question: who is responsible when harm flows through a network? A sharp, fast-moving analysis of a case that could reshape the legal architecture of the internet.
Tax the Rich . . . Until They Leave: Mamdani and Rent Control
2026/03/21
Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.
Iran, Regime Change, and the War Powers Act
2026/03/04
Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.

Podcast reviews

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4.7 out of 5
977 reviews
★★★★☆
Biden is a Good man?! 2026/03/22
Good Sense But…
RICHARD, as usual this is a good discussion. However, you mentioned Trump gratuitously, and you never linked it back to any part of your argument. You...
★★★★★
SoCalCuster 2025/09/25
Pure wisdom
Pure wisdom in every episode on timely topics
★★★★★
atypical_user 2025/07/30
A walking, talking, legal eagle
The most plain-spoken authority on all things constitutional. Simply love to listen to Epstein, and it makes me very happy to see that he’s returned; ...
★★★★★
BigHaakDaddyAloha 2025/05/11
I miss this podcast
I hope Richard is coming back.
★★★★★
Lsweing 2025/01/28
I hope you are coming back!
Miss this podcast
★☆☆☆☆
dvenardos 2024/03/06
Paul Krugman of free market economics
If you just want to reinforce what you already believe then okay, but basically everyone else is ignorant.
★☆☆☆☆
John520 2024/01/14
Zionist
He’s a Zionist traitor to America and the cause of freedom.
★★★★★
libertarian John 2023/11/14
Incredible
In the world going observably insane, Richard Epstein is an amazing voice of reason. He has a gift for cutting through the emotion and turmoil and vie...
★★☆☆☆
Zoomieu93 2023/08/03
Getting worse
Sad Great legal mind spends all of 3 minutes discussing the latest Trump indictment. Before we get to hear all about how the good professor express...
★★★★★
Pat Midd 2023/07/07
Epstein rules
Professor Epstein was one of my favorites at Chicago law school. Great legal mind and with such a fantastic sense of humor. Keep going Professor!
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