Law Talk With Epstein, Yoo & Senik

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.

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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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.

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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).

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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.

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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!

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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.

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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.

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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.

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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.

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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?

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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.

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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.

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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!

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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.

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October in the faculty lounge means two things: Supreme Court previews and baseball talk. On this episode we’re serving up both.

First, a look at the big cases before the high court this term: Will the justices step in to end gerrymandering? Can a Christian baker be forced to provide a cake for a gay wedding? And are public-sector unions in for a major loss of political power?

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This special, live edition of Law Talk with Epstein & Yoo was recorded at the Federalist Society in New York City on September 14, with Mary Kissel sitting in for Troy Senik. It’s a rousing hour of talk on technology and the law (read John’s new book Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War ), and stick around for the Q&A session after the show.

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This week, a very special Law Talk recorded at Columbia Law School with special guest Columbia Law Professor Eric Talley sitting in for Troy Senik. The primary topic: robots and the law, which coincidentally is a topic of John’s new book Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War. We also discuss the legalities of DACA, labor troubles at Uber, and more. The faculty lounge is now open — for real!

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Law Talk has hit the century mark! And as Professors Richard Epstein and John Yoo open up the faculty lounge for their 100th episode, they’re taking listener questions. After a brief analysis of the situation in Charlottesville, they tackle everything from the Necessary and Proper Clause to the best Chinese food in Connecticut. Along the way, they relitigate the Civil War, explore the secrets to Richard’s marital success, debate judicial review, weigh the merits of a new constitutional convention, and sneak in the first ever Law Talk analysis of the O.J. trial.

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This week on Law Talk, the professors (ably herded by Troy Senik) talk about collusion — what it is, what it isn’t, who’s in danger and who isn’t. Then, activist judges make things for the Trump administration’s travel ban and Richard and John explain why. Also on the docket: gun laws in California are amongst the toughest in the country. Does the Heller decision give the state more leeway in regulating guns even more? And we re-visit the Supreme Court’s ruling on The Slants (and the Washington Redskins) and, yes, that famous selfie-taking monkey.

Have a banana, @ejhill.