Richard Epstein examines the Supreme Court’s recent ruling preventing the Trump Administration from ending the DACA program — and criticizes Chief Justice Roberts for what he regards as an indefensible decision.

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Summer school is starting early in the faculty lounge. On this episode, Professors Epstein and Yoo have a full agenda: Are Minnesota prosecutors setting themselves up for a fall in the Derek Chauvin case? Should the Supreme Court have taken a case that could have allowed it to pare back qualified immunity? What should we make of Justice Gorsuch’s surprising turn in the LGBT discrimination case? Or Chief Justice Roberts siding with the court’s liberals in subjecting California churches to strict COVID protocols? Does President Trump have the power to stop John Bolton’s book from being released? And, finally, can we find eternal truths about intellectual property law in the battle between a couple of authors of wolf-themed erotica? At least one professor thinks so!

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Richard Epstein parses some of the most prominent recent proposals for criminal justice reform and analyzes the shift in American race relations over the past decade.

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Richard Epstein analyzes the charges against the Minneapolis police officer involved in George Floyd’s death, considers whether existing law is excessively protective of law enforcement, and explains the parameters of government power to deal with civil unrest.

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With Twitter’s decision to append fact-checks to Donald Trump’s tweets, new questions are emerging about how much social media should regulate politicians — and how much government should regulate social media.

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Hoover Institution fellow Richard Epstein and Adam White discuss the Justice Department’s motion to dismiss charges against Michael Flynn, and the state(s) of Covid-19 precautions. They end with brief observations on Rep. Justin Amash’s brief presidential campaign and Justice Clarence Thomas’s new PBS documentary.

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Richard Epstein argues that the long and sordid case of Michael Flynn illustrates the importance of putting limits on the power of federal prosecutors — and explains the reforms that are necessary to create a better Department of Justice.

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While everyone else is holding their graduation ceremonies on Zoom, professors Richard Epstein and John Yoo are still hard at work in the faculty lounge. On this installment: Is the end of the Michael Flynn case justice served or justice denied? Should sexual assault cases be tried on college campuses? Can the government stick the landing on the end of coronavirus lockdowns? Does the Supreme Court’s rejection of the Bridgegate convictions mean a free-for-all on government corruption? And is President Trump about to dodge a bullet on his tax returns? All that plus Epstein and a small child stare out a window, Yoo explores the black market in haircuts, and we finally get to the bottom of the Supreme Court’s mid-oral arguments toilet flush.

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Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.

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Richard Epstein examines a recent case about Detroit’s struggling schools in which the Sixth Circuit ruled that students have a ‘right’ to a certain minimal standard of education. Along the way he explains the dangers of courts getting too entangled in the provision of states service, the problem with ‘positive rights’ (and why their application is different at the the state level than the federal), and what more meaningful educational reform would look like.

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With Professors Epstein and Yoo deemed essential workers, the faculty lounge reopens for another round of COVID-19 analysis. On this episode: Can President Trump override state efforts to keep economies shuttered? Are there limits to the intrusive restrictions being enacted by the nation’s governors? Do churches (or abortion clinics) get special treatment during shutdowns? How can the Chinese government be held to account for the spread of coronavirus? What was the right response to the USS Roosevelt controversy? Was President Trump justified in removing a troublesome inspector general? And does a new report show it’s time to blow up the FISA proces? All that plus a Law Talk examination of Tom Brady’s new IP play, a sampling of avian life in John’s neighborhood, and we play “Which Prof is More Likely to Snap in Lockdown?

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Richard Epstein reflects on his first run-in with Joe Biden — a stunt the former Vice President intended to derail Clarence Thomas’s Supreme Court nomination — and analyzes the policy platform of the de facto Democratic nominee.health carehealth care

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Richard Epstein rebuts Harvard Law professor Adrian Vermeule’s recent plea in the Atlantic for ‘Common Good Constitutionalism,’ an approach that calls for conservatives to abandon classical liberalism.

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Richard Epstein and Adam White continue to debate the nature of the coronavirus outbreak, and the costs and benefits of the government’s response. Then they discuss a controversial new essay by law professor Adrian Vermeule, who calls on conservatives to reject Scalia-style originalism for a very different kind of constitutional law.

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Richard Epstein considers the legal and economic issues around the government’s management of the Coronavirus.

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Fresh off of a scrubdown, the faculty lounge has reopened for a special all-coronavirus episode. On the agenda: Where do the emergency authorities of the White House — and the states — begin and end? Can authorities close down gun stores as an emergency measure? Should the feds drive production of emergency supplies? Did the Justice Department use the crisis for a power grab? And would digital surveillance to stop the spread of COVID-19 run afoul of the Fourth Amendment? Find out the answers to all that and more on the world’s longest micro-episode.

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Dialing in from their socially distant hideaways, Richard Epstein and Adam White disagree about basically every aspect of COVID-19 — about how much of a threat it poses to public health; about the policy responses to it; and about the costs of those policy responses.

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Richard Epstein examines the sweeping legal authorities and dramatic economic interventions being called on to combat COVID-19 — and considers whether they’re proportionate to the problem.

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Every other faculty lounge in America may be closed, but Professors Epstein and Yoo are still showing up to work. On this episode: what are the legal ramifications of the coronavirus? Can Catholic charities be excluded from providing adoption services because of their refusal to place children with same-sex couples? Is there any hope for President Trump’s libel lawsuits against the New York Times and Washington Post? Is encouraging an illegal immigrant to stay in the country a crime? Is the Supreme Court about to make a game-changing decision on abortion? And is getting hit by a foul ball about to be grounds for a lawsuit? All that plus the professors struggle with virtual classes, dish on tell-all books, and continue their annual tradition of making the nation’s most unreliable World Series predictions.

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Richard Epstein analyzes the economic, political, and public health consequences of the coronavirus.single payer

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