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Richard A. Epstein [22]Richard Allen Epstein [11]
  1.  60 DLs
    Richard A. Epstein (2005). One Step Beyond Nozick's Minimal State: The Role of Forced Exchanges in Political Theory. Social Philosophy and Policy 22 (1):286-313.
    In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...)
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  2.  37 DLs
    Richard A. Epstein (2008). Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation. Social Philosophy and Policy 25 (2):123-156.
    This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the label to boost (...)
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  3.  24 DLs
    Richard A. Epstein (2002). Can Anyone Beat the Flat Tax? Social Philosophy and Policy 19 (1):140-171.
    The inequalities of wealth and fortune form a central part of the human condition, and these over time have been a constant source of social unease. Whether they should be praised and preserved or endured or corrected is an issue that produces uniform discord. One source of this difficulty in analysis stems from the possible ways in which these persistent inequalities arise. It is easy to condemn any differences in wealth created by the victor's expropriation of the vanquished's honest toil. (...)
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  4.  22 DLs
    Richard Allen Epstein (2003). Let the Shoemaker Stick to His Last: A Defense of the "Old" Public Health. Perspectives in Biology and Medicine 46 (3x):S138-S159.
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  5.  15 DLs
    Richard A. Epstein (1986). Taxation in a Lockean World. Social Philosophy and Policy 4 (01):49-.
    'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...)
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  6.  12 DLs
    Richard A. Epstein (1999). Managed Care Under Siege. Journal of Medicine and Philosophy 24 (5):434 – 460.
    Managed Care Organizations (MCOs) are frequently criticized for their marketing mistakes. Often that criticism is leveled against an implicit benchmark of an ideal competitive market or an ideal system of government provision. But any accurate assessment in the choice of health care organizations always requires a comparative measure of error rates. These are high in the provision of health care, given the inherent uncertainties in both the cost and effectiveness of treatment. But the continuous and rapid evolution of private health (...)
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  7.  10 DLs
    Richard A. Epstein (2000). Deconstructing Privacy: And Putting It Back Together Again. Social Philosophy and Policy 17 (02):1-.
    It is a common conceit of academic writing to insist that progress in some given area of law or political theory is hampered by hopeless confusion over the meaning of certain standard terms. My usual attitude toward such claims is one of passionate rejection. Because the English language has served us well for such a long period of time, I bring a strong presumption of distrust to any claim of the conceptual poverty of ordinary language. The persistent fears of lack (...)
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  8.  9 DLs
    Richard A. Epstein (2011). Can We Design an Optimal Constitution? Of Structural Ambiguity and Rights Clarity. Social Philosophy and Policy 28 (1):290-324.
    The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...)
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  9.  8 DLs
    Richard A. Epstein (1990). The Varieties of Self-Interest. Social Philosophy and Policy 8 (01):102-.
    In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...)
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  10.  8 DLs
    Richard A. Epstein (1988). Luck. Social Philosophy and Policy 6 (01):17-.
    John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...)
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  11.  6 DLs
    Richard Allen Epstein (2003). Drawing the Line: Science and the Case for Animal Rights (Review). Perspectives in Biology and Medicine 46 (3):469-472.
  12.  6 DLs
    Richard Allen Epstein (2007). Conflicts of Interest in Health Care: Who Guards the Guardians? Perspectives in Biology and Medicine 50 (1):72-88.
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  13.  6 DLs
    Richard A. Epstein (1994). On the Optimal Mix of Private and Common Property. Social Philosophy and Policy 11 (2):17-41.
    A broad range of intellectual perspectives may be brought to bear on any important social institution. To this general rule, the institution of private property is no exception. The desirability of private property has been endlessly debated across the disciplines: philosophical, historical, economic, and legal. Yet there is very little consensus over its proper social role and limitations. Is it possible to find a unique solution to questions of property and private ownership, good for all resources and for all times? (...)
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  14.  5 DLs
    Richard A. Epstein (1998). The Right Set of Simple Rules: A Short Reply to Frederick Schauer and Comment on G. A. Cohen. Critical Review 12 (3):305-318.
    Abstract In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These ?take and (...)
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  15.  5 DLs
    Richard A. Epstein (1986). II The Morality of Scientists. Minerva 24 (2-3):344-347.
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  16.  4 DLs
    Mark Siegler & Richard Allen Epstein (2003). Organizers' Introduction to the Conference on Social Determinants of Health and Disease. Perspectives in Biology and Medicine 46 (3x):S1-S8.
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  17.  4 DLs
    Richard A. Epstein (2005). The Not so Minimum Content of Natural Law. Oxford Journal of Legal Studies 25 (2):219-255.
  18.  4 DLs
    Richard A. Epstein (1997). The Problem of Forfeiture in the Welfare State. Social Philosophy and Policy 14 (02):256-.
    Political theory has a good deal to say both for and against the establishment of the modern welfare state. As one might expect, most of that discussion is directed toward the expanded set of basic rights that the state confers on its members. In its most canonical form, the welfare state represents a switch in vision from the regime of negative rights in the nineteenth century to the regime of positive rights so much in vogue today. Negative rights—an inexact and (...)
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  19.  3 DLs
    Richard A. Epstein (1991). Two Conceptions of Civil Rights. Social Philosophy and Policy 8 (02):38-.
    I. What Vintage of Civil Rights ? In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared free, they (...)
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  20.  3 DLs
    Richard A. Epstein (1998). Imitations of Libertarian Thought. Social Philosophy and Policy 15 (02):412-.
    Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...)
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  21.  3 DLs
    Richard Allen Epstein (2005). Disparities and Discrimination in Health Care Coverage: A Critique of The Institute of Medicine Study. Perspectives in Biology and Medicine 48 (1):26-S41.
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  22.  2 DLs
    Richard A. Epstein (forthcoming). On Drafting Rules and Procedures for Academic Fraud. Minerva.
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  23.  2 DLs
    Richard Allen Epstein (2003). Indirect Restraints on the Provision of Heath Care Quality. Perspectives in Biology and Medicine 46 (1):24-37.
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  24.  2 DLs
    Richard A. Epstein (2003). Robert D. Cooter, The Strategic Constitution:The Strategic Constitution. Ethics 113 (3):695-699.
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  25.  1 DLs
    Mark Siegler & Richard Allen Epstein (2005). Organizers' Introduction. Perspectives in Biology and Medicine 48 (1):10-S14.
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  26.  1 DLs
    Mark Siegler & Richard Allen Epstein (2003). Organizers' Introduction to the Symposium on Quality Health Care. Perspectives in Biology and Medicine 46 (1):1-4.
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  27.  0 DLs
    Richard Allen Epstein (1980). A Theory of Strict Liability Toward a Reformulation of Tort Law.
     
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  28.  0 DLs
    Richard A. Epstein (2003). Book Review (Reviewing Robert D. Cooter, The Strategic Constitution (2000)). [REVIEW] Ethics 113:695.
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  29.  0 DLs
    Richard A. Epstein (2006). Weak and Strong Conceptions of Property : An Essay in Memory of Jim Harris. In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press
     
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  30.  0 DLs
    Richard Allen Epstein (1998). [Book Review] Simple Rules for a Complex World. [REVIEW] Ethics 109 (1):193-198.
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  31.  0 DLs
    Richard A. Epstein (1983). A Theory of Strict Liability. Philosophical Review 92 (4):613-617.
  32.  0 DLs
    Richard A. Epstein (2003). Skepticism and Freedom a Modern Case for Classical Liberalism. Monograph Collection (Matt - Pseudo).
     
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  33.  0 DLs
    Richard Allen Epstein (1998). Principles for a Free Society Reconciling Individual Liberty with the Common Good. Monograph Collection (Matt - Pseudo).
     
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