Richard Allen Epstein

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This article is about the legal scholar. For the game theorist, see Richard Arnold Epstein.
Richard A. Epstein
Born (1943-04-17) April 17, 1943 (age 71)
New York City, New York, United States
Nationality American
Education Yale University (LL.B., 1968)
Oxford University (1st, 1966)
Columbia University (B.A., 1964)
Employer New York University
University of Chicago
Hoover Institution
Known for Tort law, law and economics, classical liberalism
Religion Judaism
Spouse(s) Eileen W. Epstein
Children 3
Awards Bradley Prize (2011)
American Academy of Arts and Sciences (1985)

Richard Allen Epstein (born April 17, 1943) is an American scholar, educator, lawyer, and author, best known for his writings and studies on classical liberalism, torts, and a wide variety of topics in law and economics. Epstein is currently the Laurence A. Tisch Professor of Law at New York University, a senior fellow at the Hoover Institution of Stanford University, and professor emeritus and a senior lecturer at the University of Chicago.

In 2008, Epstein was chosen in a poll as one of the most influential legal thinkers of modern times.[1] A study of legal publications between 2009 and 2013 found that Epstein is one of the most frequently cited American legal scholars, behind only Cass Sunstein and Erwin Chemerinsky.[2] He has been a member of the American Academy of Arts and Sciences since 1985.[3]


Richard Epstein was born in New York City on April 17, 1943. Epstein's father, Bernard Epstein, was a radiologist, and his mother, Catherine, managed his father's medical office.[4] He has two sisters.

Epstein attended Columbia University as an undergraduate student in the early 1960s, graduating with a B.A. degree summa cum laude in 1964. Epstein's undergraduate performance earned him a Kellett Fellowship, which allowed him to go to England and attend Oxford University for two years. He earned a first-class honours B.A. in jurisprudence from Oxford in 1966. Epstein then returned to the United States to attend law school at Yale University, graduating with an LL.B. cum laude in 1968.

After earning his law degree from Yale Law School in 1968, Epstein began his teaching career as a law professor at the University of Southern California. Epstein taught there until 1972 when he moved to the University of Chicago, where he taught for 38 years and eventually became the James Parker Hall Distinguished Service Professor of Law. In 2010, Epstein joined the faculty of New York University as the inaugural Laurence A. Tisch Professor of Law, where he currently teaches. He remains a professor emeritus and senior lecturer at Chicago, teaching courses there on an occasional basis.

Epstein has served in many prominent academic and public organizations and has received a number of prestigious awards. In 1983, Epstein was made a senior fellow at the Center for Clinical Medical Ethics at the University of Chicago Medical School, and in 1985 was inducted into the American Academy of Arts and Sciences. He was editor of the Journal of Legal Studies from 1981 to 1991, and was editor of the Journal of Law and Economics from 1991 to 2001. In 2000, Epstein became a senior fellow at the Hoover Institution, a prominent American public policy think tank located at Stanford University. In 2003, Epstein received an honorary LL.D. degree from the University of Ghent. In 2011, Epstein was awarded a Bradley Prize.[5]


Epstein is an advocate of minimal legal regulation. In his book Simple Rules for a Complex World (1995), Epstein consolidated much of his previous work, arguing that simple rules work best because complexities create excessive costs. Complexity comes from attempting to do justice in individual cases. Complex rules are justifiable however, according to Epstein, if they can be opted out of. For instance, drawing on Gary Becker, he argues that the Civil Rights Act and other anti-discrimination legislation would be better if repealed. Consistent with the principles of classical liberalism, he believes that the federal regulation on same-sex marriage, DOMA, should be repealed,[6] stating:

Under our law, only the state may issue marriage licenses. That power carries with it a duty to serve all-comers on equal terms, which means that the state should not be able to pick and choose those on whom it bestows its favors. DOMA offends this principle in two ways. First, it excludes polygamous couples from receiving these marital benefits. Second, it excludes gay couples. Both groups contribute to the funds that support these various government programs. Both should share in its benefits.

In Takings: Private Property and the Power of Eminent Domain (1985) Epstein argues the government should be regarded with the same respect as any other private entity in a property dispute. Though then U.S. Senator Joseph Biden denounced the book during the confirmation hearings of Clarence Thomas for Associate Justice of the Supreme Court of the United States, the book served as a focal point in the argument about the government's ability to control private property.[7] The book has also influenced how some courts view property rights[8] and has been cited by the United States Supreme Court in four cases, including Lucas v. South Carolina Coastal Council from 1992.[7] Epstein's defense of tobacco companies during the 1990s was controversial.[citation needed] Epstein serves on the advisory board of the New York University Journal of Law and Liberty, and introduces the keynote speaker every year at the Journal of Law and Liberty sponsored Annual Friedrich A. von Hayek Lecture.

During a live television broadcast on CNBC's Larry Kudlow's show Kudlow & Company (later the The Kudlow Report), Epstein famously called plaintiff lawyer Mark Lanier a “bully” and said that he would not "get away with it." This occurred during the discussion over the merits of the Ernst v. Merck verdict. His full statement was, "You're a bully, Mr. Lanier, and you're not going to get away with it now."[9] The debate came on the heels of Epstein's impassioned criticism of the Merck/Vioxx fiasco in an op-ed article, in which Epstein accused Mr. Lanier of intentionally misleading the jury during the trial.[10] Ultimately, Epstein’s arguments about misleading the jury were adopted when two appellate courts reversed the Vioxx verdicts[11] finding that the trials did not prove that Vioxx had caused the injuries claimed by Mark Lanier.[12]


Epstein has said that when voting, he chooses "anyone but the Big Two" who are "just two members of the same statist party fighting over whose friends will get favors".[citation needed] He has voted Libertarian.[13] Epstein says he is "certainly a Calvin Coolidge fan; he made some mistakes, but he was a small-government guy".[13] Epstein served on The Constitution Project's Guantanamo Task Force.[14][15][16]

In early 2015, Epstein commented on his relationship to the modern American political landscape, stating: "I'm in this very strange position: I'm not a conservative when it comes to religious values and so forth, but I do believe, in effect, in a strong foreign policy and a relatively small domestic government, but that's not the same thing as saying I believe in no government at all."[17]

Personal life[edit]

Epstein and his wife, Eileen W. Epstein, have two sons, Benjamin M. and Elliot, and a daughter, Melissa. Epstein is the first cousin of comedian Paul Reiser.[18]

Selected works[edit]

  • ———; Gregory, Charles; Kalven, Harry (1977). Cases and Materials on the Law of Torts (3rd ed.). New York: Little, Brown & Co.  4th edition (1984), New York: Little, Brown & Co.
  • ——— (1985). Takings: Private Property and the Power of Eminent Domain. Cambridge: Harvard University Press. ISBN 0674867297. 
  • ——— (1990). Cases and Materials on Torts (5th ed.). New York: Little, Brown & Co.  6th edition (1995); 7th edition (2000), Aspen Publishers; 8th edition (2004), Aspen Publishers; 9th edition (2008), Aspen Publishers; (with Catherine Sharkey) 10th edition (2012), Aspen Publishers.
  • ——— (1992). Forbidden Grounds: The Case Against Employment Discrimination Laws. Cambridge: Harvard University Press. ISBN 978-0674308084. 
  • ———; Stone, Geoffrey R.; Sunstein, Cass R. (1992). The Bill of Rights in the Modern State. Chicago: University of Chicago Press. ISBN 9780226775326. 
  • ——— (1995). Simple Rules for a Complex World. Cambridge: Harvard University Press. ISBN 9780674808218. 
  • ——— (1999). Torts. Introduction to Law Series. Aspen Publishers. ISBN 9780735500471. 
  • ———; Sunstein, Cass R. (2001). The Vote: Bush, Gore & the Supreme Court. Chicago: University of Chicago Press. ISBN 978-0226213071. 
  • ——— (2003). Skepticism and Freedom: A Modern Case for Classical Liberalism. Studies in Law and Economics. Chicago: University of Chicago Press. ISBN 978-0226213057. 
  • ——— (2006). How Progressives Rewrote the Constitution. Washington, D.C.: Cato Institute. 
  • ——— (2011). Design for Liberty: Private Property, Public Administration, and the Rule of Law. Cambridge: Harvard University Press. ISBN 978-0674061842. 
  • ——— (2013). The Classical Liberal Constitution: The Uncertain Quest for Limited Government. Cambridge: Harvard University Press. ISBN 978-0674724891. 

See also[edit]


  1. ^ "Who Are the Top 20 Legal Thinkers in America?". Legal Affairs. Retrieved 2008-07-04. 
  2. ^ 2014 Scholarly Impact - Leitner Rankings].
  3. ^ Richard A. Epstein, University of Chicago.
  4. ^ Frey (2009).
  5. ^ Recipients – The Bradley Prizes
  6. ^ Richard A. Epstein (2010-07-12). "Judicial Offensive Against Defense Of Marriage Act". Forbes. Retrieved 2010-09-06. 
  7. ^ a b News release
  8. ^ Steve Chapman (April 1995). "Takings Exception". Reason. Retrieved 2008-10-26. 
  9. ^ "Epstein Takes on Lanier on CNBC". The University of Chicago Law School. The University of Chicago Law School. August 23, 2005. Retrieved 28 October 2014. 
  10. ^ ""You're a bully, Mr. Lanier, and you're not going to get away with it now"". Houston's Clear Thinkers. Tom Kirkendall. August 30, 2005. 
  11. ^ Zapata, Ron (May 29, 2008). "Two Courts Overturn Vioxx Ruling Against Merck". Law 360. Portfolio Media. Retrieved 28 October 2014. 
  12. ^ "Vioxx Judgement Thrown Out by Houston Court of Appeals". Texas Retrieved 28 October 2014. 
  13. ^ a b "Who's Getting Your Vote?". Reason. November 2004. Retrieved 2008-10-27. 
  14. ^ "Task Force members". The Constitution Project. 2010-12-17. Archived from the original on 2010-12-18. Retrieved 2010-10-.  Check date values in: |accessdate= (help)
  15. ^ "Task Force on Detainee Treatment Launched". The Constitution Project. 2010-12-17. Archived from the original on 2010-12-18. 
  16. ^ "Think tank plans study of how US treats detainees". Wall Street Journal. 2010-12-17. Archived from the original on 2010-12-18. 
  17. ^ "Special Edition: Epstein and Levin on Progressivism, Classical Liberalism, and Conservatism", The Libertarian Podcast, Hoover Institution, 4 February 2015.
  18. ^
Works cited

External links[edit]