Epstein, Yoo, and You
Troy Senik ·
Mar 18, 2011 at 2:17pm
Well, it's getting to be that time again. The Ricochet School of Law faculty lounge is about to reopen after extensive damage from last episode's after party. Professors Epstein and Yoo are undergoing an extensive training regimen in anticipation of their next face-off. And yours truly is trying to see if he can get his hands on some corporate cash by incorporating subliminal product placement into my podcast hosting duties (brought to you by Mountain Dew).
So you know the drill, Ricochet. Send us your questions for Professors Epstein and Yoo and we'll choose a few of the best for inclusion in the next podcast -- unless it means I have to interrupt another one of their discussions about dirty magazines.
- Comment (16)
- · Quote
- · UnfollowFollow (1)
Comments :
Jul '10
Re: Epstein, Yoo, and You
I see President Obama is considering implementing new gun control measures via executive orders.
My understanding of executive orders is sketchy: how can they be constitutional? How can the legislative branch resist them?
Oct '10
Re: Epstein, Yoo, and You
The Wisconsin judge's TRO, of course.
May '10
Re: Epstein, Yoo, and You
What are the odds that the Wisconsin roll-back of public sector unions will get over-turned? Seems to me Walker did his homework.
Mar '11
Re: Epstein, Yoo, and You
I also would like to see executive orders discussed. Can they be used to undo regulations created by Federal agencies. For example if the EPA puts in a Cap and Trade or carbon-limiting regulation, can a Republican President remove that regulation by executive order?
May '10
Re: Epstein, Yoo, and You
If it's not too far outside the pale I would be interested in hearing the professors' takes on our taking a secondary role in Libya -- seemingly for the first time ever -- and how U.S. soldiers potentially taking orders from an international body or even foreign force factor into the Constitution. Maybe this is nothing new but would be interesting to hear what sorts of legal issues it raises.
Oct '10
Re: Epstein, Yoo, and You
How firm is the legal standing for recent court against agains the Wisconsin public union bill?
Dec '10
Re: Epstein, Yoo, and You
I, too, am curious about their opinions of Judge "Sue Me's" order, but Trace Urdan's suggestion was something that was bothering me, as well. My perspective was that there will be a huge impact upon re-enlistment rates, once US troops are given blue helmets, but the legal aspects also interest me. In Korea, a nominally UN effort, MacArthur was the commander (for a time). Now?
Sep '10
Re: Epstein, Yoo, and You
Glenn Reynolds seems to think that the higher education bubble--definitely including law schools-- is about to burst. Do you agree? And what can be done to make law school rankings, in particular placement data, more reflective of reality?
Jan '11
Re: Epstein, Yoo, and You
Well, in the acknowledged pursuit of a hopeless cause, I strike out again to offer some questions (note the prognosticational pun). In Science, the simple questions are the ones requiring the most complex and lengthy answers, and I assume the same is true in law. But, it seems to me that there ought to be some relatively straightforward answers to the following:
Has the constitution, and the law in general, departed from its original purposes? Of what value is a national constitution if its meaning is susceptible to evocations of penumbras and technicalities of convenience? Why not simply elect or appoint people who fit a certain profile currently in popular vogue (including, but not limited to, lawyers) and have done with it?
I ask these questions because I believe Western cultures are trending toward legal resolutions of the moment, and that stare decisis has become less relevant to an evolving social compact.
Aug '10
Re: Epstein, Yoo, and You
Sodexo USA has filed a civil lawsuit against the SEIU under the RICO Act. Can you discuss the RICO Act, its historical uses, and how it's now being used by private companies to counter extreme Union activities?
Dec '10
Re: Epstein, Yoo, and You
I'll second that.
Mar '11
Re: Epstein, Yoo, and You
Michael Barone recently referred to government thuggery or thugocracy, I don't remember the exact words. At what point is it safe, responsible, and accurate to say that over-reaching big government has crossed over into organized crime?
May '10
Re: Epstein, Yoo, and You
The controversial Arizona immigration law is being challenged under Chamber of Commerce of the United States v. Whiting. The statute being challenged "requires [Arizona] state employers to check the immigration status of job applicants through a federal computer database, although the federal law creating the database makes its use voluntary. Arizona also revokes the business license of state companies that hire undocumented workers." The question is: "Are these provisions pre-empted by federal immigration laws?"
Do either Dr. Epstein or Dr. Yoo have an opinion on the case? Furthermore, leaving the law aside, do either Dr. Epstein or Dr. Yoo have an opinion regarding the wisdom of the Arizona immigration law?
Edited on Mar 18, 2011 at 7:15pmFeb '11
Re: Epstein, Yoo, and You
I already posted this question on the second podcast because I was unsure where to ask it, but now that a more appropriate place has appeared I will rephrase my question here.
Mr. Senik, in your next segment, may you ask the professors about the ramifications of the new republican congress requiring every bill be justified by pointing to the part of the Constitution that authorizes the bill. Is it possible that this will prevent the congress from passing a bill and saying it is not a tax (the individual mandate), then going to court and arguing it is a tax? (i.e. does this mean the justification offered by Congress is the only justification the Courts may consider?)
Edited on Mar 18, 2011 at 9:37pmDec '10
Re: Epstein, Yoo, and You
David Bernstein of GMU Law School soon will publish his book on Rehabilitating Lochner. I'd be interested in Professor Epstein's and Professor Yoo's assessment of Bernstein's project--ought Lochner be "rehabilitated?"
It might be best to wait until the book comes out, but perhaps a preview would be an appropriate way to whet the appetite.
Sep '10
Re: Epstein, Yoo, and You
What are the functional differences, if any, from a congressional authorization to use military force and a declaration of war?