Fannie And Freddie In The Dock: Will Shareholders Find Relief Under State Or Federal Law?

by Richard Epstein

Forbes

The new round of Fannie and Freddie litigation – Jacobs v. The Federal Housing Finance Agency has opened up a second-front in the ongoing struggle between the preferred and common shareholders of Fannie Mae and Freddie Mac, often called Government Sponsored Enterprises, or GSEs, and the United States government. As an advisor to various institutional investors, I […]

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Our Affirmative Action Mess

by Richard Epstein

Defining Ideas

Last week, the Supreme Court heard oral arguments in the much-mooted case of Fisher v. University of Texas at Austin. At issue in the case was whether the University of Texas at Austin’s affirmative action program complied with the stringent legal test the Court set out in Grutter v. Bollinger (2003). Grutter held that the University of Michigan had a […]

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We Need More Guns on the Ground

by Richard Epstein

Defining Ideas

The mass shooting in San Bernardino by the young Muslim couple Syed Rizwan Farook and Tashfeen Malik, now clearly identified as middle-class ISIS terrorists, has created a vast sense of unease in the United States. Everyone agrees that their heinous conduct was horribly wrong. But the consensus ends there. Come to the next question, and there […]

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Does Woodrow Wilson Belong At Princeton?

by Richard Epstein

Defining Ideas

Back in 2008, the Princeton Alumni Weekly published the results of a panel deliberation ranking the university’s most influential alumni. At the top of the list was James Madison (class of 1771) and close behind him, in third place, was Woodrow Wilson (class of 1879), who was Princeton’s president from 1902 to 1910. He left the university to enter […]

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Uber Under Attack: What Critics Get Wrong

by Liya Palagashvili and Nawaphon Sittisawassakul

Yahoo Finance

Recent worldwide bans and regulations on Uber have reignited the debate surrounding the ride service in the United States. Most prominently, critics continue to decry the supposed mistreatment of Uber workers, which sparked a national Uber strike weekend in October. The company is also facing a class-action lawsuit in California by drivers challenging its business model and seeking to […]

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Obama’s ISIS Paralysis

by Richard Epstein

Defining Ideas

The recent events in Paris and elsewhere have led the leaders of the civilized world to search for an appropriate response to the barbaric actions of the Islamic State of Iraq and Syria. The toll of deaths, injuries, and property damage all point to a single conclusion: something powerful must be done, and done now. […]

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Spineless Leadership at Yale

by Richard Epstein

Defining Ideas

When Barack Obama was elected President in 2008, my many progressive friends frequently reassured me that his presidency would mark a transformation of race relations in the United States. That prediction has proved half true. Things have surely changed in the last seven years—but for the worse. Racial tension and discord has gone way up, […]

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The Common Law in the Supreme Court

by Richard Epstein

Defining Ideas

Much of the Supreme Court’s work is devoted to interpreting statutes and regulations generated by the modern regulatory state. Increasingly, the common law tradition seems to be of little relevance to resolving the great disputes of our time. In my view, relegating common law principles to the back-bench constitutes a major source of confusion in […]

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Abortion and the Supreme Court

by Richard Epstein

Defining Ideas

The Supreme Court will soon decide whether to review two cases, both from the Fifth Circuit, that reach diametrically opposed conclusions about abortion. In Jackson Women’s Health Organization v. Currier, a panel of Fifth Circuit judges stopped Mississippi from enforcing a law that required all physicians performing abortions to have admitting privileges at a local hospital. […]

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Is Obamacare Sustainable?

by Richard Epstein

Defining Ideas

But if the legal battle over Obamacare is over, the economic battle over Obamacare has just begun. The issue here is simple enough. Can the plan, which has weathered the legal challenges, survive in today’s highly dynamic economic market?

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