Senator Elizabeth Warren wants to break up tech companies; former Attorney General Eric Holder wants a future Democratic President and Congress to pack the Court, which would break it. What do Hoover Institution fellows Richard Epstein and Adam White think of these proposals? They disagree with both of them … but they also disagree with one another about how to think about what Google does today. But before they start to debate those issues, they begin by applauding the Senate’s move toward confirming Neomi Rao’s nomination to the U.S. Court of Appeals for the D.C. Circuit.

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The newest installment of Law Talk sees debate brewing in the faculty lounge as Professors Richard Epstein and John Yoo find themselves on the opposite side of several issues. On the agenda: Did Michael Cohen’s testimony change anything about the case against Trump? Can the president’s emergency measures to build a border wall stand up in court? Does the Supreme Court’s blow against civil asset forfeiture actually represent a constitutional error? And is a group of states about to take down the electoral college?

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Hoover Institution fellows Richard Epstein and Adam White discuss Senator Elizabeth Warren’s call for an unprecedented “wealth tax,” and the constitutional problems that it raises. They also discuss the Supreme Court’s upcoming case on judicial “deference” to agencies’ legal interpretations (Kisor v. Wilkie).

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Hoover Institution fellows Richard Epstein and Adam White discuss President Trump’s nomination of William Barr to be Attorney General, a position that Barr previously held under President George H.W. Bush. They also discuss the possibility of President Trump invoking “emergency powers” to build a border wall without new congressional authorization.

Recorded January 15, 2019

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Hoover Institution fellows Richard Epstein and Adam White discuss Senator Elizabeth Warren’s call for an unprecedented “wealth tax,” and the constitutional problems that it raises. They also discuss the Supreme Court’s upcoming case on judicial “deference” to agencies’ legal interpretations (Kisor v. Wilkie).

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On the first Law Talk of 2019, Professors Richard Epstein and John Yoo are tackling the big issues: can President Trump build a border wall by declaring a national emergency? Was the FBI within its rights to open an investigation of the president after the Comey firing? What happens when a Supreme Court justice stops showing up for work? Plus a look at backstage Law Talk drama, a State of the Union history lesson, and the professors quibble over the proper way to manage a Burger King. Yes, really.

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It’s an end-of-the-year blowout in the Faculty Lounge, as Professors Richard Epstein and John Yoo are tackling 2018’s madcap final month. Why is the Supreme Court’s immigration ruling not as dramatic as it sounds? Is President Trump in genuine legal trouble this time? Is there a silver lining to the departure of Jim Mattis? Why isn’t being tried for the same crime by your state and the feds double jeopardy? And what does the Bill of Rights have to do with nunchucks?

All that plus Epstein delivers some dreidel game theory, Yoo weighs in on eggnog, and a certain someone engages in a year end Roman law improv game.

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