Wanted: American exceptionalism in foreign affairs

by Richard Epstein

Washington Times

The Obama administration’s single achievement in foreign affairs policy is its wholesale retreat from American exceptionalism. We no longer believe in Pax Americana, rather, we spend more time confessing our sins, and less using our strength.

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Realm of the Coin: Bitcoin and Civil Procedure

by Max Raskin

Fordham Journal of Corporate and Financial Law

Max Raskin, a rising third year student at the New York University School of Law, discusses the future of bitcoin and civil procedure in his recent article in the Fordham Journal of Corporate and Financial Law.   The abstract of this article is below; the full article is available on SSRN. Bitcoin is a private currency […]

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Hard Questions on Same-Sex Marriage

by Richard Epstein

Defining Ideas

It doesn’t take a weatherman to tell which way public opinion blows. The huge uptick of support for same-sex marriage has been described as swift and broad, to which we can add, in all likelihood, lasting. In my view, every time the defenders of the traditional view of marriage speak in public on behalf of a ban, […]

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Kelo v. City of New London Ten Years Later

by Richard Epstein

National Review

Ten years ago, on June 23, 2005, the United States Supreme Court dropped a judicial thunderbolt in Kelo v. City of New London. By a narrow five-to-four margin it rejected a spirited challenge that Susette Kelo and her neighboring landowners had raised against the ambitious land-use development plan put forward by the City of New London, […]

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Hillary Clinton VS. Free Trade

by Richard Epstein

Defining Ideas

The Trans-Pacific Partnership, which is designed to reduce various trade barriers between the United States and eleven Pacific Rim nations, hangs by a thread in the United States Congress. The immediate question is not the ratification of any future treaty. Rather, it is over whether the President should receive “fast-track” authority to negotiate a treaty […]

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The Battle Over Jerusalem

by Richard Epstein

Defining Ideas

Some of the largest legal battles that make their way to the Supreme Court turn on a single word. That is surely true of the recent case of Zivotofsky v. Kerry, where the Court had to decide whether Menachem Zivotofsky’s parents could insist that their son’s American passport list “Jerusalem, Israel,” as his place of […]

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The Logic of Bad Policies

by Liya Palagashvili

U.S. News and World Report

Of course political self-interest and special interest lobbying lead to a host of lousy regulations. Read the full op-ed on U.S. News and World Report.

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Make Soccer More American

by Richard Epstein

Defining Ideas

During the many officiating problems of the 2010 World Cup, Blatter said that “uncertainty and subjectivity boost the sport.” They actually do the exact opposite. Here are some of the most serious problems with soccer: First, soccer is an under-officiated game. A soccer field is larger than an American football field, yet on the field […]

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An Economics Lesson For Bernie Sanders

by Richard Epstein

Defining Ideas

Senator Bernie Sanders’ quixotic presidential campaign received some unexpected attention for an off-the-cuff comment he made in Iowa this past week. The sentence that has raised some eyebrows is short and to the point: “You don’t necessarily need a choice of 23 underarm spray deodorants or of 18 different pairs of sneakers when children are hungry in […]

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