Was Donald Trump wrong to sound off on the Roger Stone trial? Is Attorney General William Barr hopelessly compromised? What are the limits of presidential intervention in the Justice Department? Richard Epstein answers these questions and more in the newest installment of The Libertarian.

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Richard Epstein explains why a decline in union membership is a positive development for the American economy, why public-sector unions are intrinsically corrosive, and why conservative populists’ enthusiasm for reviving organized labor are misguided.

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It may be the winter session in the faculty lounge, but things are heating up as professors Richard Epstein and John Yoo clash on a number of today’s topics. On the docket: Was Mitt Romney justified in his impeachment vote? Is President Trump wrong to override the Justice Department on the Roger Stone case? Can states punish members of the Electoral College for defying the will of the voters? Can state and local governments resist the feds’ efforts to curb illegal immigration? And do the sign-stealing Houston Astros have to pay up for ruining a pitcher’s career? All that plus the gang weighs in on Korean cinema, back tattoos, and one of the professors (shouldn’t it be obvious?) getting shushed on a film set.

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Richard Epstein analyzes a case out of Montana that may have significant implications for parents’ ability to send their children to private schools.

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Recorded during the Senate impeachment trial, Hoover Institution fellow Richard Epstein and Adam White discuss the House managers’ case, the White House’s response, and the seemingly short path forward to acquittal.

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Richard Epstein examines a new California law that is imperiling the livelihoods of many of the Golden State’s independent contractors and considers how challenges to the legislation may fare in the courts.

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In a Law Talk first, Professors Richard Epstein & John Yoo and host Troy Senik are gathered in the same studio to kick off their tenth year of the podcast. On this episode: Can Congress rein in President Trump’s power to pursue military action against Iran? What was Nancy Pelosi trying to accomplish by withholding the articles of impeachment? Can the Justice Department compel Apple to create a backdoor on encrypted devices? And is Utah’s effort to rescind a personalized license plate a potential First Amendment violation? All that and more as the faculty lounge reopens for 2020.

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Richard Epstein examines the legal controversies around the Trump Administration’s attack on Iranian leadership: Was it an ‘assassination’? How much can Congress constrain the president’s ability to act in such situations? Is this a situation where precedent trumps constitutional text? Plus, a look at debates over the legality of military conscription.

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Richard Epstein analyzes the most promising — and disturbing — intellectual trends of the 2010s.

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Richard Epstein and Adam White discuss the seemingly inevitable House vote in favor of impeachment. They debate the House’s investigation (and the investigations that preceded it), and they look ahead to a Senate impeachment trial. How will the Senate deal with factual issues? What role will Chief Justice Roberts play in the middle of it all.

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It’s the holiday season in the faculty lounge and the subpoenas are hung by the chimney with care. On this episode, Professors Epstein and Yoo do a deep dive into the strengths and weaknesses of the impeachment case, the shortcomings of the Inspector General’s report on the Russia investigation, and the greatest legal question of our time: can you impeach an ex-president? All that plus Richard breaks down the economics of Christmas, John calls for civil disobedience in the Berkeley food scene, and Franklin Pierce finally gets called to account.

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Richard Epstein considers all the ways California policymakers are compounding the damage from the state’s wildfires — from a misplaced emphasis on global warming to new regulations that will damage the market for home insurance.

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Richard Epstein considers how the U.S. should deal with China in light of the country’s internal human rights abuses and its increasingly aggressive assertions in Hong Kong.

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Richard Epstein reacts to Marco Rubio’s proposal for a ‘Common Good Capitalism’ that would upend the relationship between workers and employers.

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Richard Epstein looks at a wave of progressive reforms being embraced by Democratic presidential candidates and big city district attorneys, including decriminalizing quality-of-life crimes, eliminating cash bail, and sending fewer people to prison. He also considers whether America has a “mass incarceration” problem and whether there is evidence of racial bias in the criminal justice system.

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Impeachment is on the syllabus as the faculty lounge reopens its doors. In this episode: Does the Democrats’ pivot from ‘quid pro quo’ to ‘bribery’ add up? Has the first week of witnesses changed either professor’s mind? And when exactly would a White House have the authority to hold up foreign aid? All that plus analysis of what’s most likely to compel the release of the Trump tax returns (hint: it’s not the case that looks headed for the Supreme Court) and the strange case of the Equal Rights Amendment, which is either one vote away from being added to the Constitution or already dead on arrival. We’ll let the professors explain.

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Richard Epstein analyzes the question currently before the Supreme Court: is the Trump Administration within its rights to undo President Obama’s protections for children brought into the country illegally? What are the limits of unilateral executive action? And what obligation does the executive branch have to adequately explain policy changes that it makes on its own?

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Reacting to Senator Whitehouse’s brief questioning of the Supreme Court’s legitimacy, Hoover Institution’s Richard Epstein and George Mason University’s Adam White discuss “judicial legitimacy” and proposals to restructure the Court. Richard also tells the story behind his 1984 debate with then-Judge Antonin Scalia.

 

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Richard Epstein examines the argument that the Sixth Amendment’s “confrontation clause” will compel the Ukraine whistleblower to reveal his or her identity — and be cross-examined by President Trump’s team.

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Green energy policies at the state level are starting to have an impact — in all the wrong ways. From pipeline bans in New York to mandatory blackouts in California, the consequences are dire. Now Progressives are looking to take similar policies national.

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