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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It’s a lively session in the faculty lounge as professors Richard Epstein and John Yoo parse the case for impeachment, and analyze some of the biggest cases coming before the Supreme Court: will a new lineup of justices change the Court’s approach to abortion regulation? Will a ruling about the Consumer Financial Protection Bureau deal a blow to the administrative state? Are gay and transgendered employees protected by the 1964 Civil Rights Act?All that plus a detour into antiquities law, a (partial) endorsement of imperialism, a POTUS busted for speeding, and an answer to America’s most burning legal question: could the president literally shoot someone on Fifth Avenue and not pay a price?

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Richard Epstein previews his new book, “The Dubious Morality of the Modern Administrative State,” chronicling how the post-New Deal expansion of power within the executive branch has threatened the rule of law and the separation of powers.

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In a scathing review, Richard Epstein parses the policy proposals at the center of Elizabeth Warren’s presidential campaign.

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Richard Epstein responds to the latest developments in the House’s impeachment inquiry, including a detailed breakdown of the White House’s argument that it can refuse cooperation.

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In their first episode back from a break, the Hoover Institution’s Richard Epstein and George Mason University’s Adam White manage to disagree about practically every aspect of the new controversy over President Trump, Ukraine, the Bidens, and impeachment.

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Richard Epstein reacts to the latest news in the impeachment saga surrounding President Trump.

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Richard Epstein provides a forceful response to the question of whether President Trump’s alleged pressuring of the Ukrainian government provide grounds for impeachment.

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The men of Law Talk reconvene between their respective journeys to Greece and there’s a very full docket. On this episode: could President Trump’s conversations with Ukraine lay the predicate for impeachment? What’s the proper role for the U.S. in the Iran-Saudi Arabia conflict? Is the FDA within its rights to crack down on vaping? Should California be able to go its own way on regulating automobile emissions? Can the president solve West Coast homelessness? And why has New Mexico made it a little more dangerous to get married?

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Richard Epstein fans know that, when it comes to legal analysis, all roads lead to Rome. For years we’ve been ribbing Richard about his propensity to analyze current legal disputes through the prism of Roman law. Now we’ve finally buckled to the pressure and given him an entire episode on the topic. In this show, Richard explains why Roman Law remains relevant today; why it made especially valuable contributions on the topic of water law; how a failure to understand Roman law has weakened Supreme Court decisions; and what the connection is between the Romans and the Anglo-American legal tradition.

 

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A growing number of Democratic presidential candidates are calling for the abolition of the Electoral College. In this episode, Richard Epstein explains what drove the Founders to construct this complex system for picking presidents; warns of the practical dangers of relying purely on the popular vote; looks at how Maine and Nebraska have constructed variations on the winner-take-all system; and explains why the inability to pass constitutional amendments is a feature rather than a bug in the current political environment.

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As Prime Minister Boris Johnson attempts to get Brexit across the finish line, many MPs are complaining that he’s violating constitutional norms. In this episode, Richard Epstein considers those criticisms; weighs the cases for and against a departure from the EU; explains how the European Union overshot the legitimate goals of continental integration; and describes how Britain’s “unwritten constitution,” far from being an English aberration, actually has echoes in the American system.

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A growing chorus of activists claim that American corporations are too focused on the bottom line — and not sufficiently dedicated to improving the broader society. Even some figures from the business community have begun to call for corporations to move from a narrow focus on shareholders to a much more expansive commitment to “stakeholders.” In this episode, Richard Epstein explains how such efforts blur the lines between private business, charity, and government; why a corporation’s responsibility to shareholders isn’t inherently anti-social; And where progressive critiques of corporate governance and “quarterly capitalism” fall short.

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With signs of a possible recession on the horizon, Richard Epstein considers some of the purported causes and proposed solutions. Is President Trump right that the Federal Reserve needs to be more accommodating? Are the disruptions from the trade war with China worth it because of their potential geopolitical dividends? Is cutting payroll taxes a reasonable way to jumpstart the economy? And are we better off letting recessions burn themselves out rather than seeking to arrest them through government intervention?

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Once a year we throw open the doors of the faculty lounge and let the Law Talk audience ask questions of Professors Richard Epstein and John Yoo. This year’s result: a conversation that touches on everything from acquiring Greenland to whether John Adams was a constitutional scofflaw, from whether federal courts have gotten too trigger happy with injunctions to which foods make the professors wretch. Most importantly: which class did Richard struggle with in law school? The answer will … not surprise you at all.

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Richard Epstein analyzes the multitude of Democratic gun control proposals in the wake of the El Paso and Dayton shootings, proposes an alternative strategy for dealing with mass gun violence, and weighs the merits of proposed “red flag” laws.

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Richard Epstein describes the catastrophic consequences that single-payer healthcare will have for both the economy and the medical profession.

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