The Right to Bear Nunchucks

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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There are 13 comments.

  1. MACHO GRANDE' (aka - Chri… Coolidge

    Was really hoping this pod would be titled The Right to Bear Bottoms.

    I was disappointed. Again.

    • #1
    • December 22, 2018, at 3:36 PM PST
    • Like
  2. Al Sparks Thatcher

    Regarding the practicality of nunchucks.

    I’ve had the opportunity to hold them. It strikes me (fortunately, not literally) that nunchucks take a lot of skill to learn how to use. Much more than a firearm, at least at close range (which is the only way you can use nunchucks).

     Unlike a sword or firearm, you can easily hurt yourself on the way to becoming proficient. I would say that you will hurt yourself practicing with them. The ease with which you could hit yourself in the face is high, as well as more minor injuries to the hands and fingers.

    A ban on nunchucks is ridiculous because they are easy to make, and they will never be a popular weapon.

    • #2
    • December 23, 2018, at 1:06 PM PST
    • 3 likes
  3. MACHO GRANDE' (aka - Chri… Coolidge

    There is only one Master of Nunchaku, and his name is not Professor Epstein.

     

    https://youtu.be/5cqzOo6B0Ic

    • #3
    • December 23, 2018, at 1:36 PM PST
    • 2 likes
  4. MACHO GRANDE' (aka - Chri… Coolidge

    The “keep and bear arms” thing is interesting, because I would largely assume (based on the extremely limited reading I’ve done around this, not legal, but historical, around revolutionary and pre-revolutionary days) that arms meant guns, but there was certainly more than guns at play during the revolutionary war period, and prior. Swords, knives, etc, as the guys mentioned, would likely be considered “arms”, especially if someone is considered to be “armed” doesn’t necessarily mean they were carrying a flintlock or the like.

    Armed means armed with a weapon, regardless of type. If I have a knife, I’m armed with a knifed. I’m not knifed. Nor gunned. Nor sworded. I am armed.

    Considering the events of Lexington and Concord, though, and how important it was to have and protect the right to keep guns as weapons, arms, then I’m probably sure the Bill was specifically talking about guns, but not limiting arms to guns alone. Cavalry carried guns but used swords more than guns. I’m assuming they didn’t mean to take the right to bear swords away by intending it to mean guns only.

    • #4
    • December 23, 2018, at 1:43 PM PST
    • 3 likes
  5. Al Sparks Thatcher

    Chris Campion (View Comment):
    Armed means armed with a weapon, regardless of type. If I have a knife, I’m armed with a knifed. I’m not knifed. Nor gunned. Nor sworded. I am armed.

    Personally, I think the limitation is whether you can carry it or not and whether it can be strictly used for self defense. So a cannon is out. And so is a bomb that you’re able to carry.

    Knives and swords are in.

    • #5
    • December 23, 2018, at 7:22 PM PST
    • 2 likes
  6. Al French, poor excuse for a p… Member

    Oregon has established a state constitutional right th carry clubs.

    • #6
    • December 23, 2018, at 9:04 PM PST
    • Like
  7. The Unreasonable Man Thatcher

    Shamrock Shake vs. McRib and why don’t Vegas casinos offer Dreidel tables? Today’s eruption of Mt. Etna reminds us that solutions to these problems and more probably lie in a rigorous understanding of Roman law.

    • #7
    • December 24, 2018, at 3:27 PM PST
    • 1 like
  8. Bishop Wash Member

    John’s mention of Shamrock shakes and his love of the McRib reminds me of a joke(?). A man on death row orders a McRib and Shamrock shake for his last meal. Since they’re never offered at the same time, his request can’t be granted and he can’t be executed.

    • #8
    • December 26, 2018, at 8:25 AM PST
    • 4 likes
  9. John Yoo Contributor

    @bishopwalsh

    Love IT! But the factual predicate of the joke is untrue! The McRib is random throughout the year. The Shamrock, of course, is around St. Patty’s day. SO it is possible to have both — though I’ve never had them at the same time, it is true.

    The only way to know for sure is putting out a plea to all Ricochet members to conduct a random sampling of McDonald’s near them when shamrock season comes around. A signed book to the first person who finds the heavenly duo first.

    • #9
    • December 26, 2018, at 9:58 AM PST
    • 5 likes
  10. The Unreasonable Man Thatcher

    We must look to Business Insider, a publication as aptly named and branded as Axe Body Spray, for guidance here. It turns out that McRib is perhaps the first financial instrument sandwich, with its availability determined by commodity market prices/ futures/ options for poultry and pork. McRib is for a “limited time only” because a pork/ chicken arbitrage turns out to be for a limited time only. So McRib’s availability is anything but random, but is in fact a virtual certainty when Black & Scholes or the like determine that it should be.

    • #10
    • December 26, 2018, at 10:33 AM PST
    • 3 likes
  11. Bishop Wash Member

    John Yoo (View Comment):

    @bishopwalsh

    Love IT! But the factual predicate of the joke is untrue! The McRib is random throughout the year. The Shamrock, of course, is around St. Patty’s day. SO it is possible to have both — though I’ve never had them at the same time, it is true.

    The only way to know for sure is putting out a plea to all Ricochet members to conduct a random sampling of McDonald’s near them when shamrock season comes around. A signed book to the first person who finds the heavenly duo first.

    A wonderful game I’d love to participate in. Alas, this year I didn’t get the shamrock shake. Not every McDonalds carried it and one had to use a locator app to find one. I think the closest one to me was fifty miles away. Please let them come together in my town next year.

    • #11
    • December 26, 2018, at 11:45 AM PST
    • Like
  12. Matt Bartle Member

    Hey John, it’s “nunchucks” with an N, not “numchucks”!

     

    • #12
    • December 27, 2018, at 5:20 AM PST
    • 1 like
  13. Jason Obermeyer Member

    Does John Yoo know about this:

    Image may contain: food

    It seems like something he should be informed about.

    • #13
    • January 4, 2019, at 6:59 AM PST
    • Like