In a Law Talk first, Professors Richard Epstein & John Yoo and host Troy Senik are gathered in the same studio to kick off their tenth year of the podcast. On this episode: Can Congress rein in President Trump’s power to pursue military action against Iran? What was Nancy Pelosi trying to accomplish by withholding the articles of impeachment? Can the Justice Department compel Apple to create a backdoor on encrypted devices? And is Utah’s effort to rescind a personalized license plate a potential First Amendment violation? All that and more as the faculty lounge reopens for 2020.More
It’s the holiday season in the faculty lounge and the subpoenas are hung by the chimney with care. On this episode, Professors Epstein and Yoo do a deep dive into the strengths and weaknesses of the impeachment case, the shortcomings of the Inspector General’s report on the Russia investigation, and the greatest legal question of our time: can you impeach an ex-president? All that plus Richard breaks down the economics of Christmas, John calls for civil disobedience in the Berkeley food scene, and Franklin Pierce finally gets called to account.More
Impeachment is on the syllabus as the faculty lounge reopens its doors. In this episode: Does the Democrats’ pivot from ‘quid pro quo’ to ‘bribery’ add up? Has the first week of witnesses changed either professor’s mind? And when exactly would a White House have the authority to hold up foreign aid? All that plus analysis of what’s most likely to compel the release of the Trump tax returns (hint: it’s not the case that looks headed for the Supreme Court) and the strange case of the Equal Rights Amendment, which is either one vote away from being added to the Constitution or already dead on arrival. We’ll let the professors explain.More
It’s a lively session in the faculty lounge as professors Richard Epstein and John Yoo parse the case for impeachment, and analyze some of the biggest cases coming before the Supreme Court: will a new lineup of justices change the Court’s approach to abortion regulation? Will a ruling about the Consumer Financial Protection Bureau deal a blow to the administrative state? Are gay and transgendered employees protected by the 1964 Civil Rights Act?All that plus a detour into antiquities law, a (partial) endorsement of imperialism, a POTUS busted for speeding, and an answer to America’s most burning legal question: could the president literally shoot someone on Fifth Avenue and not pay a price?More
The men of Law Talk reconvene between their respective journeys to Greece and there’s a very full docket. On this episode: could President Trump’s conversations with Ukraine lay the predicate for impeachment? What’s the proper role for the U.S. in the Iran-Saudi Arabia conflict? Is the FDA within its rights to crack down on vaping? Should California be able to go its own way on regulating automobile emissions? Can the president solve West Coast homelessness? And why has New Mexico made it a little more dangerous to get married?More
Once a year we throw open the doors of the faculty lounge and let the Law Talk audience ask questions of Professors Richard Epstein and John Yoo. This year’s result: a conversation that touches on everything from acquiring Greenland to whether John Adams was a constitutional scofflaw, from whether federal courts have gotten too trigger happy with injunctions to which foods make the professors wretch. Most importantly: which class did Richard struggle with in law school? The answer will … not surprise you at all.More
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.