Did you know that there's a whole law article about Epstein and luck that doesn't even mention that Epstein and PowerBall once?
Odds and Ends: An Epstein-Inspired Look at Luck
Consider the following hypothetical: one day in 2020, unusual "cosmic rays"[1] hit Earth at a particular angle, refract through a pane of glass at The Bank of the United States, bum through a wire, and create a computer hiccup that randomly scrambles one day's worth of transactions for which no backup records yet exist. Some customers gain, while others lose. Untangling the effects would be difficult and costly. There is no way to know whether such an event will ever be repeated.
Seriously, #NotThatEpstein.
Upon hearing of this occurrence, Richard Epstein begins work on a characteristically well-argued op-ed on the best way to address the problem. But what response does he advocate?
Predicting Epstein's answer is difficult because the situation throws into conflict two principles that run through his work. To leave the bank account balances scrambled would upset the settled expectations upon which the entire edifice of property law is established, generating insecurity and deeply eroding incentives.[2] On the other hand, the glitch was nobody's fault,[3] and correcting it would impose heavy costs, involuntarily, on everyone.[4] The people harmed by these random losses can, after all, [...]
Incidentally, questions touched by this article are relevant to philosophising about the question of taxing sillionaires for their gruelling luck.
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=9934&context=journal_articles
