Episodes

  • Episode Four: Surf's Up: Roman Law and Beach Houses

    Episode Four: Surf's Up: Roman Law and Beach Houses
    Aug 21 2025
    Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.
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    26 mins
  • Episode Three: Israel vs. New York Times

    Episode Three: Israel vs. New York Times
    Aug 7 2025
    On episode 3, Charles C. W. Cooke asks Richard Epstein about Israel's potential defamation suit against the New York Times. Can a country sue a newspaper? Where would such a case be heard? Does it matter that Israel is a "public figure"? Could "actual malice" be proved? Would the New York Times want to settle? Does its non-retraction update help, or worsen, its position?
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    33 mins
  • Episode Two: Trump and Executive Power

    Episode Two: Trump and Executive Power
    Jul 24 2025
    On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?
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    31 mins
  • The Kennedy Conundrum

    The Kennedy Conundrum
    Jun 21 2018

    As has become an annual tradition in the Trump era, the end of another Supreme Court session brings rumors of Justice Anthony Kennedy’s impending retirement. In this episode, Richard Epstein looks at Justice Kennedy’s legacy, considers whether lifetime terms on the Supreme Court are justified, and looks at the future of a post-Kennedy court.
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    20 mins
  • Episode One: Immigration

    Episode One: Immigration
    Jul 17 2025
    The libertarian is back. On this first episode of the new series, Richard Epstein talks to host Charles C. W. Cooke about immigration. What powers was the federal government given over this area? What—and why—did those powers change? Can the states fill any gaps? What due process are immigrants entitled to?
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    23 mins