Law Talk With Epstein, Yoo & Senik

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.

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It’s Comeypalooza on this installment of Law Talk, as Richard Epstein and John Yoo react to the former FBI director’s congressional testimony. We won’t give it away here, but the professors’ diagnosis is sure to surprise you. Then: Was Robert Mueller’s appointment as independent counsel necessary?; a disagreement on the proper use of the impeachment power; Which cabinet secretary should be packing his bags?; Understanding the 25th Amendment; and the legal and political implications of withdrawing from the Paris agreement on climate change. All that, plus Yoo in the south of France, Epstein in Chicago, and Senik ties the knot.

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The Law Talk podcast is back, as Professors Richard Epstein and John Yoo open up the faculty lounge for a post-spring break session. This time: Unrest on Yoo’s home turf at UC-Berkeley; a federal judge knocks down the Trump Administration’s attempt to punish sanctuary cities; the professors debate the constitutionality of Trump’s missile strikes on Syria (along with a history lesson on the War Powers Resolution); and the Supreme Court considers a potentially groundbreaking case on public funds for religious institutions.

All that plus a meditation on the depth of Howard Dean’s constitutional illiteracy, the professors’ annual World Series picks, and a lengthy digression about 19th century presidential campaign slogans.

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There’s no such thing as spring break in the faculty lounge. In the newest installment of the Law Talk podcast, Professors Richard Epstein and John Yoo are analyzing the controversies over the Trump Administration’s alleged ties to Russia (including real-time reaction to breaking news about Michael Flynn), exploring the Trump/Obama wiretap controversy, reacting to new legal setbacks to the president’s executive order on travel restrictions, and predicting the future of Attorney General Jeff Sessions’ crackdown on sanctuary cities.

Then, will California’s attempt to prosecute the makers of the Planned Parenthood videos succeed? And can state governments force Donald Trump to release his tax returns to get on the 2020 ballot? All that plus Yoo gets tough on the Oakland Raiders, Epstein goes soft on Trump, and an unhealthy amount of time is spent discussing the merits of poutine.

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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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On an Inauguration Day installment of Law Talk, Professors Epstein and Yoo are casting one last glance toward the Obama Administration and taking on the big questions around the dawning of the Trump era.

First, the professors react to President Obama’s clemency for Chelsea Manning — and explore why the Founding Fathers gave the president such sweeping pardon powers anyway. Then, they take the long view: how will history remember the Obama years? (Spoiler alert: neither professor is anticipating Abe Lincoln being bumped off the $5 anytime soon).

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It’s the end of the year and Professors Richard Epstein and John Yoo are in a globetrotting mood. First, what effect will the Obama Administration’s acquiescence to the UN’s anti-Israel motion have on the future of the Middle East? Then, is the White House doing enough to sanction Russia — and is President-Elect Trump taking the threat seriously enough? Then, closer to home, will President Obama’s last-minute executive actions be able to survive the Trump Administration? Can your Alexa be used against you in a murder case? And what 2016 passing has John Yoo the most depressed? (SPOILER ALERT: it’s culinary in nature).

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It’s the first post-election Law Talk, and Professors Richard Epstein and John Yoo are here to answer all your questions about the Trump Administration: are there legal consequences for the incoming president’s potential conflicts of interest? Could a President Trump really strip flag-burners of their citizenship? Will Attorney General Jeff Sessions thwart marijuana legalization in the states?

Plus, what Obama Administration initiatives will be hardest to undo? And exactly what responsibility do members of the Electoral College have to voters? Then stick around to hear Epstein on California’s bizarre new IMDB law and Yoo on gambling in the Caribbean. In other words, just another day in the faculty lounge.