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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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2009

Federalist Society LiveBlog: Professor Richard Epstein- Transcript and Video

November 12th, 2009

[youtube=http://www.youtube.com/watch?v=7qG5drsXCXg]

I am grateful I am not a member of YLS faculty. Coppage v. Kansas that collective bargains was unconstitutional taking of property. Old court thought that distribution should take place through tax system and not alteration of contract and Tort. Problem is difficult becuase people don’t believe that. We are all Lockeans. We acquire through first possession. Don’t need to do anything to acquire right to use own labor. Why is redistribution hard topic? We don’t know what the term means. We know the moral case why there is a case for redistribution.

Moral case- People acquire property through occupation and labor. Is there a way we can make social improvement?

I have never seen anyone make idea of redistribution of wealth should be banned.

At height of Laissez Faire, heigh of voluntary transactions of transfer of wealth. Regarded as moral obligation enforced by social sanctions, and supported by conscience.

If people accept redistribution voluntarily, next question, can we take a moral intuition, and transfer it into a set of legal obligations? This is where the problem begins. These are problems not knock-out blows.

Epstein proposes “Redistribution Last.” First task to create social order is to handle poverty through production of wealth. There will still be laggards but by increasing size of the pie voluntary transactions will improve the issue.

What is the optimal level of redistribution? What is method to solve it? Lacunae in progressive tax? Epstein is a defender of flat tax, but I won’t defend it here. Steve Forbes Chuckles.

$250,000 doesn’t get you very far in NYC. Wealth a bad measure of what one has. Many young doctors who earn $250K and have lots of debts because they deferred income earlier on and will pay back with future earnings.

How do you know you will only do redistribution that makes sense, so that transfers from haves to have nots. Public choice difficulties where redistribution goes in wrong direction for wrong reasons.

Monopoly industry, huge transfer of wealth from consumers to producers, and creation of debt weight loses. Economics 101.

Agricultural subsidies “profound and horrible mistake” to protect farmers against world’s price markets. Remain in business too long, become politically entrenched, raise prices to cause inconvenience.

Minimum wage causes massive unemployment, people knocked out of jobs. Recent raises in minimum wages, net effect is high increase of teenage unemployment among member of minority groups.

Don’t ask how to dole out things? Ask how government got the things to dole out?

What state can do is vastly different.

“Redistribution last is the way to organize the social order.”

“Those who do not understand the past are condemned to repeat it.”

I was having debate with Sunstein, Obama was most retrograde intellectual to ever run for office

Obama policies: Tariff barriers, high tax policies, strengthen level of union monopoloy (Chard Check). Epstein plugs his book, and offers Andy Stern a copy. Reading my book will be on of the most productive things you’ve done in years. Epstein FTW!

In post-war era, no major New Deal reforms.

21st century is a validation of wisdom of Adam Smith.

If you want to create jobs, shut down every act, repeal NLRA!  [HUGE APPLAUSE]

Consider consumer surplus create. $50 billion Bill Gates gives to charity is chicken feed when you compare it to the consumer surplus he created. When you go after rich kill consumer suprplus.

Rationales behind natural law and start in world where no one has any rights and then to figure out how to organize society in a way that includes what goes on. Improve overall status of human beings by voluntary transactions.

epstein

Fellowships for Aspiring Professors

November 12th, 2009

Check out Professor Caron’s new spreadsheet discussing fascinating Fellowships for Aspiring Professors. Worth a read.

Federalist Society Live Blog Showcase Panel I: Redistribution of Wealth, Featuring Richard Epstein Steve Forbes and Andy Stern

November 12th, 2009

Showcase Panel I: Redistribution of Wealth
Thursday, Nov. 12
9:45 a.m. – 11:30 a.m.
Grand Ballroom

– Prof. Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law and Visiting Professor of Law, New York University Law School
Mr. Steve Forbes, Chairman and CEO, Forbes Inc. and Editor, Forbes Magazine
Prof. Jed Rubenfeld, Robert R. Slaughter Professor of Law, Yale Law School
Mr. Andrew L. Stern, President, Service Employees International Union
Moderator: Hon. J. Harvie Wilkinson III, U.S. Court of Appeals, Fourth Circuit

[youtube=http://www.youtube.com/watch?v=qkVmTzAj6S0]

(introduction by Judge Wilkinson)

[youtube=http://www.youtube.com/watch?v=7qG5drsXCXg]

(Discussion of Professor Richard Epstein)

Leonard Leo welcomes all of the guests, and delegates from the French Federalist Society (couldn’t quite get the French spelling).

Richard Epstein sitting on the right side of the Dais, and Andy Stern sitting on the left side. Yep, that’s about right.

JHW: Moderator, Thanks everyone for assembling such a great convention. Panelists will have to start by defining redistribution of wealth.  And this panel will have perfect harmony [Laughter]. Professors should go first, because when Andy and Steve get in, all nuance will be lost.

Jed Rubeneld:

I am the token liberal in the entire room, I am against redistribution, but I don’t think it exists. “No doubt, wherever the right of private property exists, there must and will be inequalities of fortune. [Since] it is self-evident that […] some persons must have more property than others, it is […] impossible to uphold freedom of contract and the right of private property without at the same time recognizing as legitimate those inequalities of fortune that are the necessary result of the exercise of those rights.” Coppage v. Kapage. Lochner era court discredited

Anti-redistributionism means restoration of Lochner era. Comitted conservatives should be against activism and Lochner jurisprudence. Just because Lochner court said something does not mean it is wrong. “As a liberal, the Constitution can mean anything I want it to mean. I’m just kidding by that.”

Progressive taxation do not take Property from A and give to B.

Where are Natural Law rights to enforce natural rights? Only real courts enforce positive law.

JHW: Panelists become pugilists. LOL.

Epstein has taught Civil Pro, Contracts, Criminal Law, Legal History, Labor Law, Real Estate, Finance, Jurisprudence, Land Use Planning, Patents, Taxing, Roman Law, Workers Compensation.

Richard Epstein

Antitrust, environmetnal law, administrative law and af ew others

I am grateful I am not a member of YLS faculty. Coppage v. Kansas that collective bargains was unconstitutional taking of property. Old court thought that distribution should take place through tax system and not alteration of contract and Tort. Problem is difficult becuase people don’t believe that. We are all Lockeans. We acquire through first possession. Don’t need to do anything to acquire right to use own labor. Why is redistribution hard topic? We don’t know what the term means. We know the moral case why there is a case for redistribution.

Moral case- People acquire property through occupation and labor. Is there a way we can make social improvement?

I have never seen anyone make idea of redistribution of wealth should be banned.

At height of Laissez Faire, heigh of voluntary transactions of transfer of wealth. Regarded as moral obligation enforced by social sanctions, and supported by conscience.

If people accept redistribution voluntarily, next question, can we take a moral intuition, and transfer it into a set of legal obligations? This is where the problem begins. These are problems not knock-out blows.

Epstein proposes “Redistribution Last.” First task to create social order is to handle poverty through production of wealth. There will still be laggards but by increasing size of the pie voluntary transactions will improve the issue.

What is the optimal level of redistribution? What is method to solve it? Lacunae in progressive tax? Epstein is a defender of flat tax, but I won’t defend it here. Steve Forbes Chuckles.

$250,000 doesn’t get you very far in NYC. Wealth a bad measure of what one has. Many young doctors who earn $250K and have lots of debts because they deferred income earlier on and will pay back with future earnings.

How do you know you will only do redistribution that makes sense, so that transfers from haves to have nots. Public choice difficulties where redistribution goes in wrong direction for wrong reasons.

Monopoly industry, huge transfer of wealth from consumers to producers, and creation of debt weight loses. Economics 101.

Agricultural subsidies “profound and horrible mistake” to protect farmers against world’s price markets. Remain in business too long, become politically entrenched, raise prices to cause inconvenience.

Minimum wage causes massive unemployment, people knocked out of jobs. Recent raises in minimum wages, net effect is high increase of teenage unemployment among member of minority groups.

Don’t ask how to dole out things? Ask how government got the things to dole out?

What state can do is vastly different.

“Redistribution last is the way to organize the social order.”

More after the jump.

(more…)

FedSoc LiveBlog: Welcome and Opening Address, Senator Sessions

November 12th, 2009

Welcome and Opening Address
9:00 a.m. – 9:45 a.m.
Grand Ballroom

[youtube=http://www.youtube.com/watch?v=g5wYun37xkM]

Introduction by Leonard Leo discussing the Role of the Federalist Society and the importance of getting together. Quoting Emerson, conversation helps us discover the truth, and to engage citizens.

Opening remarks by Sen. Sessions

Thanks the role the Federalist Society plays in the defense of the timeless principles of freedom and objective law, judicial restraint, separation of powers, and ordered liberty.

Sound legal philosophy is source of our freedom and prosperity.

During Sotomayor hearings, qualifies “she’s a fine person,” she made a speech about law and difficult in judging, and there is no objectivity but a series of perspectives.

Discusses Judge Hamilton’s record, demonstrates liberal record. He said a Judge’s job is to write footnotes to the Constitution, and Judges need to empathize for people. We should follow Alexander Hamilton, not David Hamilton.

We are at a cross-roads, the classical tradition of Western Law needs to continue. President Bush nominated highly talented judges who are faithful to the rule of law. Citing Federalist 78, Judges must maintain “inflexible and uniform adherence to the rights of the Constitution.”

More after the jump.

(more…)

Video: Reporting Live From the 2009 Federalist Society Lawyers Convention

November 12th, 2009

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