Live at Cal State San Bernardino

What happens when the men of Law Talk use somebody else’s faculty lounge? You’re about to find out. In a rare live installment of the show, Professors Epstein and Yoo visit Cal State San Bernardino for a wide-ranging discussion on everything from Neil Gorsuch’s Supreme Court nomination to President Trump’s executive order on immigration to whether the filibuster is worth preserving. Then we turn the microphone over to the audience for an interactive Q&A session (maybe one of the questioners will be able to coax Richard out of his shell). All that plus already-discredited Super Bowl picks, Richard takes sides in the Southern California area code wars, John throws shade at the Senate, and a debate over just how much of an OG Andrew Jackson was. It’s basically like “Frampton Comes Alive,” but with more references to the Dormant Commerce Clause.

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There are 10 comments.

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  1. Ryan M(cPherson) Member
    Ryan M(cPherson)
    @RyanM

    John’s comments about the composition of the senate and minority rights is an interesting one.  Russel Kirk gives us a pretty interesting statement from Calhoun:

    The relative weight of population depends as much on circumstances, as on number.  The concentrated population of cities, for example, would ever have, under such a distribution, far more weight in the government, than the same number in the scattered and sparse population of the country.  One hundred thousand individuals concentrated into a city two miles square, would have much more influence than the same number scattered over two hundred miles square… to distribute power, then, in proportion to population, would be, in fact, to give the control of government, in the end, to the cities; and to subject the rural and agricultural population to that description of population which usually congregate in them, – and, ultimately, to the dregs of the population.

    Later, he quotes Macaulay:

    I have long been convinced that institutions purely democratic must, sooner or later, destroy liberty or civilization, or both.  In Europe, where the population is dense, the effect of such institutions would be almost instantaneous … Either the poor would plunder the rich, and civilization would perish; or order and prosperity would be saved by a strong military government, and liberty would perish.

    The importance of our particular form of government (i.e. not a democracy) is widely overlooked these days, especially listening to liberals’ views on (antiquated) rules/standards under Obama, and now (less antiquated, suddenly) Trump.

    • #1
  2. Ryan M(cPherson) Member
    Ryan M(cPherson)
    @RyanM

    also:  Whoa – re: John’s comments about Rudy and the muslim ban.

    I heard that clip, and that’s not at all how I interpreted it.  It sounded to me like he was saying that early in the campaign Trump used the phrase muslim ban, but because they agree that it would be illegal to ban muslims, they decided to have a non-religious test that would hopefully still protect against terrorism, which is why they focused on these specific nations.  Seemed like he was saying “Trump used that phrase, but it was incorrect, and that’s not what we’re doing.”

    • #2
  3. Cow Girl Thatcher
    Cow Girl
    @CowGirl

    When did you let anyone know you were going to be in San Berdoo hosting a live Law Talk?? I’m so bummed! I would love to have watched this in person. Boo hoo…. I’ve had such a great time at the other live events I was privileged to attend.

    • #3
  4. Blue Yeti Admin
    Blue Yeti
    @BlueYeti

    Cow Girl (View Comment):
    When did you let anyone know you were going to be in San Berdoo hosting a live Law Talk?? I’m so bummed! I would love to have watched this in person. Boo hoo…. I’ve had such a great time at the other live events I was privileged to attend.

    It was for students only. We’ll do another one in SoCal soon.

    • #4
  5. Petty Boozswha Inactive
    Petty Boozswha
    @PettyBoozswha

    I wish John and Richard would come down from the ivory tower on “free trade” issues and deal with the messy reality. When we negotiate these 5000 page agreements no other country on the planet intends to abide by them in letter or spirit one degree more than the US government demands, and the US government/beltway pooh-bahs, until now, have treated American worker’s rights with more contempt than the little girls in Rothenham got from their “protectors.” Walter Lippmann once described the treatment of the American negotiators at the Versailles Treaty as if “the big country bumpkin come to town, with his pockets bulging with cash, and a ‘kick my #@#’ note pinned on his back.” I don’t think much has changed in 100 years and maybe Trump will motivate some correction on this score.

    • #5
  6. Quinn the Eskimo Member
    Quinn the Eskimo
    @

    John Yoo:

    As an Eagles fan, who do you root for in a Patriots v. Cowboys game?

    • #6
  7. John Yoo Contributor
    John Yoo
    @JohnYoo

    Quinn the Eskimo (View Comment):
    John Yoo:

    As an Eagles fan, who do you root for in a Patriots v. Cowboys game?

    That’s not even hard.  Always root for the NFL East teams once the Eagles have been robbed and are out of the playoffs.

    • #7
  8. Quinn the Eskimo Member
    Quinn the Eskimo
    @

    John Yoo (View Comment):

    Quinn the Eskimo (View Comment):
    John Yoo:

    As an Eagles fan, who do you root for in a Patriots v. Cowboys game?

    That’s not even hard. Always root for the NFL East teams once the Eagles have been robbed and are out of the playoffs.

    I was traveling through DFW once and showed my ID to security showing a New Jersey address.  The official asked “Giants or Jets?”  I said, “Eagles.”  He said, “Off to the detention camp for you.”

    My mom swore a blood oath against the Cowboys over a game in the 1970s where she was in the stands and it was pouring and it was late in the game with Dallas up big and they called a time out to set up a field goal to run up the score.   Sweet and gentle lady, my mother, except when it comes to Philadelphia sports and then the drunks in the stands fall silent in fear.

    • #8
  9. Ryan M(cPherson) Member
    Ryan M(cPherson)
    @RyanM

    Petty Boozswha (View Comment):
    I wish John and Richard would come down from the ivory tower on “free trade” issues and deal with the messy reality. When we negotiate these 5000 page agreements no other country on the planet intends to abide by them in letter or spirit one degree more than the US government demands, and the US government/beltway pooh-bahs, until now, have treated American worker’s rights with more contempt than the little girls in Rothenham got from their “protectors.” Walter Lippmann once described the treatment of the American negotiators at the Versailles Treaty as if “the big country bumpkin come to town, with his pockets bulging with cash, and a ‘kick my #@#’ note pinned on his back.” I don’t think much has changed in 100 years and maybe Trump will motivate some correction on this score.

    … it’s not the ivory tower, it’s reality.  Protectionism will be disastrous, plain and simple.  Even one-sided free trade is better.

    • #9
  10. Petty Boozswha Inactive
    Petty Boozswha
    @PettyBoozswha

    Ryan M(cPherson) (View Comment):

    Petty Boozswha (View Comment):

    … it’s not the ivory tower, it’s reality. Protectionism will be disastrous, plain and simple. Even one-sided free trade is better.

    I used to share that perspective, when I lived on West 74th Street in NYC in my twenties. I’ve lived in other sections of the country since, currently I live in Frog Level, NC so I’ve seen the results of that point of view. I’d love to recommend a book that might change your mind: it’s called Factory Man, by Beth Macy. She writes about John Bassett III, scion of the Bassettville Furniture Company in Bassettville, VA. This is a man that went to China and investigated the predatory strategic dumping facilitated by American trade negotiators and the well thought out policies designed to destroy the livelihood of the furniture industry in my part of the country.

    • #10
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