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Series
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Recent Episodes
In this special edition of Law Talk with Epstein & Yoo, Richard Epstein and John Yoo are joined by National Review’s Charles C.W. Cooke to discuss the Supreme Court’s decisions concerning Donald Trump’s claim of presidential immunity in Trump v. United States, as well as Loper Bright Enterprises v. Raimondo, and its companion case, Relentless, Inc. v. Department of Commerce, aka the Chevron case established in 1984.
June 2024
Richard Epstein and John Yoo discuss the last two weeks of Supreme Court rulings covering challenges to Second, Fourteenth, and Sixteenth Amendments. They also preview the upcoming challenge to Chevron Deference and dive into disputes among the originalist thinkers on the court. Finally, they weigh in on criticisms of recent disclosures by Justice Thomas and future plans for a future Trump Administration from groups like Project 2025.
May 2024
Richard and John respond to the clearing of student protests at major universities and judge their claims to the validity of their encampments. They also discuss the likelihood that the International Criminal Court issues arrest warrants for Israeli Prime Minister Netanyahu and whether President Biden will continue the pressure that his predecessor did on the court. Finally, they make predictions about the Supreme Court’s upcoming ruling on Trump’s insistence that presidents have absolute immunity – during and after their terms.
March 2024
Richard and John get into it over Trump’s many trials, the likelihood that he’ll receive a fair one in New York City, and the windfall he appears to have received as Truth Social’s holding company goes public. They discuss the likelihood that John Eastman loses his license to practice law and they make predictions about the Supreme Court ruling on presidential immunity in Trump’s cases involving Special Prosecutor Jack Smith. Finally, they preview a climate change case that could end up in front of the Supreme Court.
January 2024
December 2023
The faculty lounge reopens for a holiday session and we start on a somber note as Professors Richard Epstein and John Yoo react to the breaking news of Justice Sandra Day O’Connor’s death. Then, we get their analysis on the latest in the Israel-Hamas war, consider whether the courts have gone too far in imposing gag orders on former President Trump, and take a look at a Supreme Court case on gun rights … that just might result in a unanimous decision. All that, plus the analysis you really care about: the professors weigh in on the least valuable dish on the Thanksgiving table.
October 2023
It’s a jam-packed session in the faculty lounge as Professors Richard Epstein and John Yoo go around the horn for a comprehensive look at the issues of the day: What does “international law” mean in the context of the war in Gaza? Should student activists be punished for their support of Hamas? Will the Supreme Court rule on whether Donald Trump can be on the 2024 ballot? What upcoming SCOTUS case inspired the first (non-podcast) Epstein and Yoo collaboration? And should the Supreme Court knuckle under to pressure to adopt a code of ethics? All that, plus we debate the finer points of ancient latin and do a quick tour of archaic American currency.
September 2023
It’s an interactive session in the faculty lounge, as Professors Richard Epstein and John Yoo submit to the annual tradition of answering listener questions. There’s some serious legal analysis — can Donald Trump become president from behind bars? Can the 14th Amendment keep him off the ballot? What powers does Congress have to regulate abortion in the aftermath of the Dobbs case? But then we go to the deep cuts: Who are the greatest writers in the history of the Supreme Court? What’s it really like behind closed doors in Washington? Will the populist swing in the Republican Party reshape the Supreme Court? And then, of course, someone had to ask Richard about Roman Law. Be careful what you wish for.
August 2023
Is Donald Trump toast? Are the walls closing in on Hunter Biden? Those are questions that can’t adequately be answered by two minutes of cable news. Luckily, Professors Richard Epstein and John Yoo are here with one of the all-time deep-dive Law Talk episodes: a thorough look at the cases facing Donald Trump in Georgia, Florida, D.C., and Manhattan as well as the increasingly inscrutable case of Hunter Biden. Which case is most likely to take Trump down? What kinds of questions are raised by the DOJ’s bobbling of the Biden charges? And who’s going to be left standing when the dust clears? All that and more — plus a chance to submit your questions for the professors — on this episode.
July 2023
May 2023
It’s graduation season in the faculty lounge, but Professors Richard Epstein and John Yoo are still hard at work. In this month’s installment: What does the Durham report say about the future of the FBI? Should Daniel Penny stand trial for the headlock that ended Jordan Neely’s life? What explains the bizarre alliances behind the Supreme Court’s decision to let California control how the nation’s pigs are raised? And can Baltimore really sue automakers for making cars too easy to steal? Plus Epstein visits South America, Yoo ruins a graduation ceremony, and Senik gracelessly declines into middle age.
April 2023
The indictment of Donald J. Trump was unsealed to an almost universally negative reaction—even those who want to see him behind bars. How likely is the case to be dropped before going to trial? What jurisdiction does the DA claim to have? To what standard should an indictment of a former president be held? And has Donald Trump forfeited his right to argue the justice system has been politicized?
March 2023
February 2023
The faculty lounge reopens for a special Presidents’ Day session in which Professors Richard Epstein and John Yoo kick things off by revealing their picks for the most under- and overrated presidents. Then we’re on to current controversies: will a talkative juror foul the case against Donald Trump in Georgia? Why is Mike Pence employing a novel legal argument to avoid a subpoena in the DOJ’s investigation of the former president? And will Ron DeSantis’ attempt to overhaul American defamation law get its day in the Supreme Court? All that plus the biggest question bedeviling America: what on earth is Professor Yoo wearing?
January 2023
November 2022
The faculty lounge … is on the move. In this special installment of the Law Talk podcast, Professors Richard Epstein and John Yoo hold court before a live audience at the Federalist Society’s annual meeting in Washington D.C. On the docket: upcoming Supreme Court controversies. Does affirmative action hang in the balance? Does a case out of North Carolina have the potential to upend American democracy? Then, we open the floor for questions — and things get lively!
September 2022
June 2022
May 2022
Professors Richard Epstein and John Yoo come together for an emergency session in the faculty lounge, wherein they break down the consequences of the leaked Supreme Court abortion decision, the strengths and weaknesses of Justice Samuel Alito’s draft opinion, and what the decision could mean for the future of the Court and the country.
April 2022
The faculty lounge has been closed for repairs, and after a long absence the men of Law Talk are back with a super-sized episode. On the agenda: the rise of KBJ and the legacy of Justice Breyer; the fallout from the end of the mask mandate; the January 6 Commission’s new effort to hem in executive power; Florida tries to undo Disney World’s legal privileges; Justice Gorsuch sounds a controversial note over the treatment of American territories; and should the government give legal personhood to … bodies of water? All that plus Yoo becomes a rock star, Epstein fends off troublesome tuba players, and Senik’s got an innovative new proposal about American statehood.
January 2022
December 2021
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