.@RichardAEpstein spoke at NYU Law when I was a student there (circa spring 2000). I challenged him about whether his preference for state rather than federal responsibility was due to "race to the bottom"/"collective action difficulties states faced regulating corporations. 1/3
He acknowledged... yes. Which, of course, udnercut all of his ostensibly neutral arguments in favor of decentralizing authority in a Constitution that was literally written by Founders seeking to EXPAND federal power over states, a trend accelerated during Reconstruction & since.
Libertarian versions of "law and economics" have either been disavowed (see, e.g., late era Richard Posner) or revealed to be nothing much more than elitism with a smily face for Ayn Rand loving narcissists.
Stop treating these people as serious! (3/3)
Stop treating these people as serious! (3/3)
