It’s time for summer school in the faculty lounge and Professors Richard Epstein and John Yoo are reviewing the Supreme Court term that was. On this episode: was the census ruling a backdoor victory for critics of the administrative state? Are critics right that Alex Acosta should have done more to prosecute Jeffrey Epstein? John gives us one weird trick for determining when religious symbols are allowed on government property. And the professors weigh in on the legal repercussions of renegade ice cream licking. All that plus Epstein’s tips for how to defraud grocery stores, Yoo condemns a legendary American political figure to eternal damnation, and we get a faculty lounge review of Maine’s state soft drink.More
It’s a lively session in the faculty lounge as Professors Richard Epstein and John Yoo navigate a minefield of legal controversies: what do Alabama’s new restrictions on abortion mean for the future of Roe v. Wade? What’s the proper libertarian position on compulsory vaccinations? Does Congress have a leg to stand on in its pursuit of Bill Barr? Was Harvard wrong to turn its back on a professor who’s defending Harvey Weinstein? And then, the professors finally answer the question you’ve waited years for: are bans on toplessness unconstitutional? We guarantee you’ll leave disturbed.More
The faculty lounge has reopened and Professors Richard Epstein and John Yoo are colluding to bring you top-shelf legal analysis. On this installment: is the Mueller Report vindication of President Trump or the predicate for impeachment? Can the White House resist congressional subpoenas? Can congressional Democrats (or a wily coalition of state governments) force the president to release his tax returns? Will the Supreme Court break new ground on gay and trans discrimination? And is chalking tires unconstitutional?
All that plus our annual World Series picks and an especially heated debate on … free parking.More
It’s March Madness in the faculty lounge — and with the current news cycle, this episode is a layup line for Professors Epstein and Yoo. On the agenda: a deep dive into the Mueller Report; a look at the legal ramifications of the college admissions scandal; and a discussion of the Jussie Smollett controversy (one of the profs has a disturbingly deep grasp of the details). Plus, Epstein proposes a deal with the Russians, Yoo takes millennials down a peg, and Senik deals out some Jerry Springer trivia.More
The newest installment of Law Talk sees debate brewing in the faculty lounge as Professors Richard Epstein and John Yoo find themselves on the opposite side of several issues. On the agenda: Did Michael Cohen’s testimony change anything about the case against Trump? Can the president’s emergency measures to build a border wall stand up in court? Does the Supreme Court’s blow against civil asset forfeiture actually represent a constitutional error? And is a group of states about to take down the electoral college?More
On the first Law Talk of 2019, Professors Richard Epstein and John Yoo are tackling the big issues: can President Trump build a border wall by declaring a national emergency? Was the FBI within its rights to open an investigation of the president after the Comey firing? What happens when a Supreme Court justice stops showing up for work? Plus a look at backstage Law Talk drama, a State of the Union history lesson, and the professors quibble over the proper way to manage a Burger King. Yes, really.More
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.More
Thanksgiving may be over, but Professors Richard Epstein and John Yoo are serving up a feast of legal analysis. Can the courts halt the president’s plan to keep out asylum seekers? Who won the Trump-John Roberts showdown? Is the appointment of Jeff Sessions’ interim replacement unconstitutional? What the hell is going on with Paul Manafort? And, most importantly, why is a New York judge giving an elephant his day in court?
All that plus Epstein in the kitchen, Yoo at Costco, and the chess tutorial you’ve all been waiting for.More
In a jam-packed hour of Law Talk, Professors Richard Epstein and John Yoo are tackling all the big questions: Should Michael Avenatti stand trial for his role in the Kavanugh hearings? What does international law have to say about the Jamal Khashoggi murder? What power does President Trump have to stop the migrant caravan from Central America? Plus, we argue the merits of the Commerce Department (forgive us, its sweeps), get called to account for inadvisable World Series predictions, and learn what kind of taxi passenger Professor Epstein is (spoiler alert: chatty).More
It’s a rare single-topic Law Talk. As the Supreme Court drama finally comes to a close, Professors Richard Epstein and John Yoo deliver the last word on the Kavanaugh confirmation: the twists and turns of the original allegations, the theatrics of the Christine Blasey Ford hearing, the damage to the Court’s public standing, whether the time has come to change the confirmation process, and what changes we can expect with Kavanaugh on the court. Come for the internet’s finest legal analysis, stay for the insults of John Paul Stevens and the shady trips to Thailand.More
August means audience Q&A in the faculty lounge. Sure, professors Richard Epstein and John Yoo are dealing with Michael Cohen’s guilty plea and the Mueller investigation, but they’re also taking on the important issues: why isn’t occupational licensing covered by the Full Faith & Credit Clause? Is the Federal Reserve constitutional? Which Supreme Court justice is the best candidate for time travel? What’s wrong with Richard’s free throw shot? And finally, in a Law Talk watershed, both members of our dynamic duo come up short on a piece of Supreme Court trivia. There goes our accreditation!More
It’s the July episode of Law Talk and summer school has never been this much fun. On this episode: live reactions to the efforts to impeach Rod Rosenstein; judging the Brett Kavanaugh nomination; a breakdown of the Supreme Court’s Janus ruling; and the professors weigh in on the controversy over birthright citizenship. Come for the constitutional law, stay for Richard’s description of the weirdest cruise ever.More
It may be graduation season, but the faculty lounge is still open for business and professors Richard Epstein and John Yoo are holding court. This time around: What does the Inspector General’s report really tell us about James Comey’s tenure at the FBI? Was the North Korea summit a diplomatic breakthrough or an unforced error? What on earth does the Masterpiece Cakeshop case mean for religious liberty? Is Texas about to undo Obamacare? And could a plan to split California into three new states really pass constitutional muster?
All that plus the longest lightning round ever, Donald Trump’s plan for San Francisco’s involuntary secession, and a final appreciation of Charles Krauthammer.More
Professors Richard Epstein and John Yoo are back from Memorial Day and the holiday’s been good to them: John’s got dispatches from Hawaii (tune in for the spam coverage) and Epstein’s got big news on the Roman law front.
Then they turn to the burning issues: pardons for Dinesh D’Souza, Martha Stewart, and Rod Blagojevich? Did the FBI overreach by putting an informant in the Trump campaign? Is the deep state real (and is Chester Arthur to blame)? What are the consequences of the Supreme Court allowing states to legalize sports betting (and is there a libertarian case against gambling)? Is the NFL’s new national anthem policy illegal (a topic we introduced mainly to allow the professors to dunk on Vox). And finally, what considerations should guide Justice Kennedy’s decision on whether to retire? We can think of at least two qualified replacements.
The faculty lounge has reopened — and just in time to mark a landmark birthday for one of our esteemed instructors. After the festivities, the professors weigh in on a gaggle of issues: the Trump travel ban goes before the Supreme Court; another legal smackdown over DACA; the prospects for progress in North Korea; Syria and war powers; and a presidential pardon for Jack Johnson. All that plus our annual World Series picks and the first ever Law Talk shout-out to Sylvester Stallone.More
Professors Richard Epstein and John Yoo are reopening the faculty lounge, and this month things are getting lively. First up: is a member of the Law Talk team headed for the White House?
Then, do talks with North Korea have a chance of working? Will the Trump Administration stop California’s plans to thwart immigration enforcement? Should Jeff Sessions be pursuing legal action against opioid manufacturers? Is there a libertarian case for the war on drugs? (Richard makes one … kind of) Does the repeal of the individual mandate leave Obamacare vulnerable to being overturned in court? And is it time to start paying college athletes?More
It may be Presidents Day (it’s not, actually — more on that later), but the faculty lounge is still open for business. In this months’ session, Professors Richard Epstein and John Yoo are tackling the latest revelations from the Mueller investigation, what can be done about gun violence consistent with the Second Amendment, and whether restrictions on free speech have gone too far on college campuses.
Plus they’re weighing on the most overrated and underrated presidents (in pursuit of the elusive ‘Franklin Pierce fanboy’ demo), unnecessarily quoting Latin (guess who), and, yes, giving Professor Yoo, Philadelphia Eagles devotee, his moment in the sun.More
It’s the first Law Talk of the new year and Professors Richard Epstein and John Yoo are starting off 2018 with verve. On this installment: who looks worse in the Mueller investigation, President Trump or the FBI? Is trading DACA for a border wall a grand bargain or a big mistake? Can California prosecute business owners for working with federal immigration authorities? Can blue states sue their way out of the new tax law? Will the Supreme Court overhaul internet taxation? Do federal judges really need clerks? And does the Americans with Disabilities Act protect “obnoxious chronic body odor”?
All that plus John Yoo, long-suffering Philadelphia Eagles fan, enjoys the sensation of human joy for the first time in his life. We can’t bring ourself to tell the guy what’s coming next.More
On the final Law Talk of 2017, Professors Richard Epstein and John Yoo are taking a look back at the year that was. First, an assessment of President Trump’s first year in office, on matters both foreign and domestic. Is it possible that our dynamic duo is warming to The Donald? Then, what do the Kate Steinle verdict and recent terrorist attacks in New York tell us about the shortcomings of American immigration policy? What does the future hold for the Mueller investigation? What will be the biggest legal stories of 2018? What are the professors’ New Years resolutions? And why did the 1980 Philadelphia Eagles nearly derail the construction of Richard’s house? Tune in to find out!More
It’s a pre-Thanksgiving session in the faculty lounge, and Professors Richard Epstein and John Yoo have prepared a feast of legal analysis. On the menu: Can the military really overrule President Trump in the event of a nuclear strike? Will the Supreme Court force crisis pregnancy centers to promote abortion? Is a new plan to expand the federal judiciary just GOP court-packing? And is Donald Trump violating the constitution by blocking people on Twitter?
All that plus Epstein on the economics of Thanksgiving, Yoo on the McRib app (it’s a thing), and, yes, a little bit of Roman law as our holiday gift to you.More