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27 Mar 2016, 9:05 pm by Walter Olson
Secretary of Labor Thomas Perez’s “persuader rule” exposes lawyers and other professionals to intimidation, creates legal minefield for employers expressing opinion [The Hill, earlier] Richard Epstein on labor unions [ podcast discussion with Aaron Ross Powell and Trevor Burrus] Actions protected as “concerted” by labor law include some taken by individual employee entirely alone, according to National Labor Relations Board, as it… [read post]
21 Mar 2016, 7:31 am by Daniel Shaviro
  Fried argues that libertarians (for example, Richard Epstein) should logically favor regressive rates, and perhaps even a uniform head tax, but are constrained by the political difficulty of getting there.I myself think it’s quite plausible that Ryan would truly favor a uniform head tax, accompanied by minimal or no transfers to the poor, if he thought he could get there. [read post]
7 Mar 2016, 9:05 pm by Walter Olson
Immigration-related rules on the one hand, national-origin discrimination rules on the other: “Employers could get sued for following the law” [Sean Higgins, Washington Examiner] Should anyone doubt labor relations as an academic field tilts way left, here are numbers [Mitchell Langbert, Econ Journal Watch] Connecticut high court opens door to letting kids of dismissed workers sue employers for lost consortium, on top of suits filed by the parents themselves [Daniel Schwartz] Obama… [read post]
22 Feb 2016, 11:42 am by JB
  Some younger scholars continue to argue for restraint, while some older ones (such as classical liberals like Richard Epstein) have long argued for what we would now call judicial engagement. [read post]
16 Feb 2016, 7:20 am by Walter Olson
I remember well the magazine’s publication of the classic debate between Antonin Scalia and Richard Epstein on the proper role of the courts in protecting economic liberty, itself based on an “Economic Liberties and the Constitution” conference sponsored by the Cato Institute. [read post]
15 Feb 2016, 10:23 am by Neil Schoenherr
The panel will include Neil Richards, professor of law and former clerk to Supreme Court Chief Justice William Rehnquist; Greg Magarian, professor of law and former clerk to Supreme Court Justice John Paul Stevens; and Lee Epstein, the Ethan A.H. [read post]
18 Jan 2016, 9:05 pm by Walter Olson
“No, Donating Your Leftover Tissue To Research Is Not Like Letting Someone Rifle Through Your Phone” [Michelle Meyer answers “Henrietta Lacks” author Rebecca Skloot; related, Richard Epstein/Hoover] “Women Should Not Have to Visit a Doctor for Birth Control” [Jeffrey Singer, Time/Cato] Lawyer ads can scare TV viewers into discontinuing medically indicated therapies. [read post]
12 Jan 2016, 11:31 am by Andrew Koppelman
Richard Epstein has posted a critique of antidiscrimination law, developing themes familiar from his earlier work, on the Law and Liberty blog. [read post]
11 Jan 2016, 2:45 am by Walter Olson
More: Shapiro and Jayme Weber, The Federalist; Richard Epstein, Robert Alt first, second (empirical evidence that unions can do well even when nonmembers not obliged to pay agency fees), third (stare decisis) posts, George Will. [read post]
5 Jan 2016, 5:47 am by Amy Howe
  Lyle Denniston previewed the case for this blog, with commentary coming from Richard Epstein at Ricochet, Steven Mazie in The Economist, Harlan Elrich – one of the plaintiffs in the case – in The Wall Street Journal, and the Center for Individual Rights (which discusses Elrich’s op-ed). [read post]
4 Jan 2016, 10:35 am by Ilya Somin
In a recent post, co-blogger David Bernstein analogizes Columbia law professor Philip Hamburger’s important recent book criticizing modern administrative law to Richard Epstein’s 1985 book Takings, a now-classic critique of the Supreme Court’s Takings Clause jurisprudence. [read post]
3 Jan 2016, 9:15 pm by Walter Olson
Richard Epstein attempts “an imperfect reconciliation” between the irresistible force of modern anti-discrimination law and the all-too-movable object of free association principles [Law and Liberty] Tags: discrimination law“Freedom of association and antidiscrimination law” is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
30 Dec 2015, 4:59 pm by David Bernstein
The response to Hamburger’s book reminds me of the response to Richard Epstein’s book “Takings” back in the mid-1980s. [read post]
30 Dec 2015, 3:32 am by Walter Olson
Federal Circuit court of appeals says government can’t deny trademark as “disparaging” just because it frowns on its expressive content, implications are favorable for Washington Redskins in their legal case [Eugene Volokh, Paul Alan Levy, In Re Simon Shiao Tam opinion, case won by past Overlawyered guestblogger Ron Coleman] Mentally ill man walks into San Diego county recorder’s office, submits properly filled-out deed transferring major sports stadium to his name,… [read post]
2 Dec 2015, 9:05 pm by Walter Olson
At Cato’s Constitution Day, panels looked back at an eventful SCOTUS term [Cato Policy Report] Common law vs. statutes: Richard Epstein on Spokeo v. [read post]