The Archives

Everything written by Richard A. Epstein on law, economics, and more

Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

Richard Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. It was with much sadness that I learned of the ... Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

Epstein on the Apple e-books case: The hidden traps in the Apple ebook case

On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case

A Tribute to Joshua Wright

by Richard A. Epstein, Laurence A. Tisch Professor of Law, NYU School of Law A recent story in the Wall Street Journal described Josh Wright as the “FTC’s most conservative commissioner.” It is a sign of today’s politicized environment that this label is used as a substitute for serious substantive analysis of the particular positions that Wright ... A Tribute to Joshua Wright

Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

Richard A. Epstein is the Laurence A. Tisch Professor of Law, New York University School of Law, The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law, The University of Chicago. Few academic publications have had as much direct public influence on the law as ... Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

The Institutional Dynamic: Understand First, Act Second—If At All

I have now had a chance to review the excellent posts on the second day, all of which have a common flavor.  They expand the universe of relative considerations that need to be taken into account to decide whether imposing caps on interchange fees enhances or reduces overall social welfare.  The narrow perspective on this ... The Institutional Dynamic: Understand First, Act Second—If At All

Onions Forever! A Response to Allan Shampine

There is nothing like the provocative post from Allan Shampine to move this debate up a notch.  First, I did not say that the debate over interchange fees was Onionesque. I reserved that dubious distinction to the on-the-hand-on-the-other-hand title of the GAO report.  Allan is right that the stakes are huge, which is why this ... Onions Forever! A Response to Allan Shampine

Why Now? The Faulty Economics of Credit Card Reform

About four years ago, I worked for Visa in opposing the opposed limitations on interchange fees that the Australian government was about to impose on the credit card industry. The situation there, like the situation in the United States, seemed hardly propitious for reform.  The use of credit cards was rapidly expanding, and the rate ... Why Now? The Faulty Economics of Credit Card Reform