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.

More

Victor Davis Hanson makes his case for why Donald Trump is more likely to be reelected in 2020 than many critics imagine.

More

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.

More

Victor Davis Hanson analyses the recent escalation of tensions between the United States and Iran, grades the Trump Administration’s performance, and predicts what’s to come.

More

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.

More

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

More

Victor Davis Hanson argues that American pressure on China, Iran, and North Korea is pushing all three countries to a breaking point — which may make each of them more dangerous.

More

Victor Davis Hanson describes how the impeachment proceedings by House Democrats — and the DOJ inspector general’s report — have exposed the weakness of the case against Donald Trump.

More

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.

More

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.

More

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.

More

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

More

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.

More

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.

More

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?

More

Victor Davis Hanson explains the parameters of what he calls the Trump Doctrine — deterrence without intervention — explains how it deviates from the post-Cold War consensus, and argues for why it’s a reasonable approach to a changing international landscape.

More

In the wake of the US drawdown in northern Syria, Victor Davis Hanson considers whether the U.S. alliance with Turkey — and the country’s membership in NATO — is worth the cost.

More

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.

More

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.

More

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?

More