Law Talk With Epstein, Yoo & Senik: Recent Episodes
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Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Troy Senik. You can find all episodes, new and old, here.
Law Talk and Uncommon Knowledge with Peter Robinson: LiveThis is a special announcement for Law Talk with Epstein & Yoo listeners to join us on February 8th, 2021 at 1PM PT/4PM ET on Zoom for a discussion on the Constitutionality of impeaching a former president. They’ll be joined by National Review’s Andy McCarthy and Peter Robinson will be moderating. You can use this Zoom link to watch the event live:https://stanford.zoom.us/j/97566292983?pwd=OHZZZE5Xa3RFNzRzajA1bXRqcEtXZz09
This week, the Law Talk crew tackles Trump’s White House ballroom fight, the latest battle over birthright citizenship, Anthony Fauci’s decision to plead the Fifth, and the controversial pardons issued by Joe Biden. They debate the limits of executive power, the authority of the courts and Congress, and whether America’s expansive presidential pardon power has finally gone too far.
Can a U.S. mayor enforce an International Criminal Court warrant? Has President Trump found a new legal path to tariffs after earlier setbacks? And can the government really seize a $95,000 airplane over a six-pack of beer? Richard Epstein, John Yoo, and Charles C. W. Cooke unpack these legal controversies before closing with a spirited debate over which Supreme Court justices deserve a place on the judicial Mount Rushmore.
Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara, the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark; West Virginia v. BPJ, the transgender-athletes case addressing Title IX, equal protection, women’s sports, and federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.
In part one of our Supreme Court decisions coverage, Charles C. W. Cooke, Richard Epstein, and John Yoo break down the decisions handed down today, beginning with the Court’s treatment of presidential removal power in Trump v. Slaughter and Trump v. Cook (no relation) —the first apparently overruling Humphrey’s Executor for ordinary agencies, the second preserving a major carveout for the Federal Reserve. They also debate Chatrie v. United States, a Fourth Amendment case involving law enforcement’s use of geofencing warrants and cellphone location data, and close with Watson v. Republican National Committee, in which Justice Amy Coney Barrett held that states may count mail-in ballots received after Election Day unless Congress clearly says otherwise. Along the way, the hosts argue over the administrative state, judicial independence, election integrity, and whether the Roberts Court is as predictable—or as partisan—as its critics claim. Part two will be on Thursday, with a decision expected on (cue dramatic music)...birthright citizenship!
The Supreme Court drops a bombshell voting-rights ruling, Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the mysterious “Republican Form of Government Clause,” whether Trump can legally settle a lawsuit with… himself, and why both parties suddenly love slush funds when they’re the ones holding the hose. It’s a cheerful little conversation about whether America’s political system is fundamentally broken — and whose fault it is.
In this episode of Law Talk Live—recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate some of the most contentious constitutional questions of the moment. The panel examines the future of birthright citizenship in light of recent Supreme Court arguments, the tension between free speech and professional regulation in a major First Amendment case, and the legal and moral framework governing modern warfare, including what counts as a war crime. Blending sharp disagreement, historical insight, and a dose of humor, the conversation explores how precedent, originalism, and real-world pressures collide when the Constitution is pushed to its limits.
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, they tackle a major 2nd Amendment case testing whether drug use can justify a permanent gun ban—and whether courts or legislatures should draw that line. Finally, a heated clash over parental rights, the Constitution, and California’s school policies raises a deeper question: where do these rights actually come from?
Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case. They also explore who really controls tariff power under the Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.
Can a U.S. president buy — or even invade — Greenland? Can he tear up treaties, fire a member of the Federal Reserve, and still stay within the Constitution? And who actually decides what “fairness” means in women’s sports?In this wide-ranging Law Talk episode, Richard Epstein, John Yoo, and Charles C.W. Cooke debate Trump’s Greenland gambit, the limits of presidential war powers, treaty termination, NATO, transgender athletes and Title IX, Hawaii’s attempt to criminalize gun carry on private property, and whether the Supreme Court is about to blink when it comes to the independence of the Federal Reserve.Then, what starts out as a theoretical discussion quickly turns into a no-holds-barred debate about the unitary executive, impeachment, property rights, constitutional “prescription,” and whether modern government is compatible with the Constitution as written. Buckle up.
Is the United States already at war with Venezuela—and if so, who authorized it? The Law Talk crew reconvenes for a wide-ranging debate over presidential war powers, congressional passivity, and how far modern practice has drifted from constitutional text. The conversation then pivots to Netflix's attempt to buy Warner Bros antitrust and whether or not in these big mergers consumer welfare still matters at all. The episode closes with a sharp examination of the most feverish legal question of the moment: could a president really serve a third term—or is that pure constitutional fantasy?
The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It's a spirited, clear, and tightly argued conversation about how the Constitution should function today.
The Supreme Court’s new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump’s use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what’s at stake for the Court — and for the country.
Richard Epstein, John Yoo, and host Charles C.W. Cook dive into Trump’s decision to blow up a Venezuelan drug boat (was it legal? was it war?), the Supreme Court’s green light for immigration profiling in Los Angeles, and the growing showdown between lower courts and SCOTUS. They finish with Trump trying to fire Fed governor Lisa Cook and ponder whether or not the president can take control of the Federal Reserve.
Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship. Drawing on legal precedent, originalist interpretation, and Reconstruction-era history, the two scholars explore whether Wong Kim Ark was rightly decided, how “subject to the jurisdiction” should be understood, and what the policy implications are for modern immigration.
Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory. From nationwide injunctions and the scope of presidential power, to parental rights, transgender medicine, and age verification laws, the trio dives deep into the constitutional, structural, and political implications of the Court’s major decisions and what it all means for American governance.
What do Charles Barkley, the National Guard, and the Posse Comitatus Act have in common? In this episode, of Law Talk with Epstein & Yoo, Professors Richard Epstein and John Yoo, joined by Charles C.W. Cooke, dive into the legal chaos surrounding the use of federal troops during civil unrest, whether Gavin Newsom could be overruled by the president, and what exactly the Constitution says about militias, insurrections, and executive power. They also weigh in on birthright citizenship, Supreme Court politics, and a game of HORSE on the Supreme Court basketball court (yes, it has one).
Law Talk returns and in this excursion, Charles C.W. Cooke, Richard Epstein, and John Yoo tackle a grab bag of constitutional issues with their usual mix of legal scholarship and exasperation (typically with each other). First up: the state of Maine, apparently auditioning for a role in a dystopian novel, bans a legislator from speaking because her views on gender in sports offend the ruling party. Epstein and Yoo are, unsurprisingly, not impressed. Then it’s on to Trump’s latest target—Harvard—where he wants to yank their tax-exempt status for what he sees as race-based admissions sins. Yoo says, “Hey, Bob Jones University got smacked for less,” while Epstein warns that burning down universities to own the libs might be a bit much. Things get even spicier with the arrest of a Wisconsin judge who allegedly helped an illegal immigrant sneak out the back door—Yoo and Epstein agree it’s legally justified, but question whether perp-walking a judge was really necessary. Finally, the gang ponders whether chatbots have First Amendment rights, with the consensus being: no, and let’s hope the robots don’t hear us say that.
Welcome to the new and improved Law Talk podcast, featuring host Charles C.W. Cooke! He joins legal heavyweights Richard Epstein and John Yoo for yet another spirited discussion of the latest legal controversies. They begin with the Supreme Court’s recent ruling on the Trump administration’s use of the Alien Enemies Act to deport Venezuelan migrants, debating the constitutional limits of executive power and the justiciability of national emergencies. They then tackle Trump’s lawsuits against law firms and the implications for the right to counsel and legal free speech. Later, they explore the administration’s aggressive tariff strategy under IEPA, and the deportation of an anti-Israel protester, Mahmoud Khalil, and the proposed federal oversight of Columbia University through a consent decree.
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.
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.
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.
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.
The faculty lounge is invaded by a guest host who pits Richard and John against one another, starting with their differences in opinion over when the government should regulate social media companies. While they predict the same Supreme Court ruling, they disagree on what constitutes government involvement in key dominated industries. Next Richard and John point to the natural consequence of Dobbs on the nation’s abortion laws, as they handle the recent Alabama IVF ruling that has the left-wing preparing fundraising and election materials for November. Finally, they turn to Mr. Trump’s legal woes, first with the Supreme Court’s possible ruling on his immunity for the January 6th case and ending with some agreement on the civil fraud penalty handed down in the Empire State.
It’s a lively session in the faculty lounge, as Professors Richard Epstein and John Yoo are both coming to us from California and … let’s just say that Richard seems to be enjoying life in the sun. First up, a guided tour through Donald Trump’s legal travails: the questions about whether he’ll be allowed on the ballot, the controversy over presidential immunity, and the debate over whether a second Trump Administration will pose a unique threat to the rule of law. Then we delve into a controversy over executive power regarding Joe Biden: is the president overstepping the limits of his office with attacks on the Houthis in Yemen? Some senators think so. Finally, we stop off at the Supreme Court to examine the case that might upend the administrative state — and we also examine why former Supreme Court clerks are getting half-million dollar signing bonuses. All that, plus wisdom from Richard’s Uncle Albert, an In-N-Out update from John (would it be the California episode without it?), and a (mean-spirited and factually inaccurate) discussion of why Senik didn’t go to law school.
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.
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.
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.
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...
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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.
The Supreme Court ended its most recent term with a bang, and that’s also how Professors Richard Epstein and John Yoo are starting this review of the biggest decisions. There’s a split in the faculty lounge over the wisdom of the Court’s affirmative action ruling and we’ll let you decide who gets the better of the argument. Then we move on to the Court’s smackdown of the Biden Administration’s...
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The Supreme Court ended its most recent term with a bang, and that’s also how Professors Richard Epstein and John Yoo are starting this review of the biggest decisions. There’s a split in the faculty lounge over the wisdom of the Court’s affirmative action ruling and we’ll let you decide who gets the better of the argument. Then we move on to the Court’s smackdown of the Biden Administration’s student loan relief plan and the latest in a long string of cases regarding how and whether free speech rights apply in an anti-discrimination context (yes, it’s Colorado … again). Finally, because we don’t want you to think Law Talk has lost its edge we tee up the most important legal question of 2023: Can a bear violate your Fourth Amendment rights?
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.
We’re breaking out birthday candles as one of the professors celebrates a milestone birthday. Once the festivities (which somehow devolve into a conversation about medical innovation) conclude, Professors Epstein and Yoo are on to the topics at hand: Was Fox News right to settle with Dominion? Does America need tougher defamation laws? Is Clarence Thomas’s relationship with Harlan Crow a troubling indiscretion on behalf of a Supreme Court justice or a case of activist journalism run amok? What will happen with the controversial rulings about abortion drugs? And did Disney outsmart Ron DeSantis — and why does the answer to that question involve King Charles? All that and more in a jam-packed hour in the faculty lounge.
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?
We may be nearing spring break, but Professors Richard Epstein and John Yoo are still focused on the campus. First, there’s the matter of President Biden’s student loan plan: will a Supreme Court challenge to the policy falter on standing grounds? And is the Court’s newfound skepticism towards executive power as cynical as the media suggests? Then, there’s the issue of reforming higher ed. What’s to be done with disruptive students like the ones who shut down a recent Federalist Society event at Stanford? And is it time to rethink tenure for professors? Several states think so. All that, plus the professors dive into the controversy over Silicon Valley Bank and weigh in (some with more enthusiasm than others) on America’s finest regional cuisine.
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?
The faculty lounge has reopened for 2023 and Professors Richard Epstein and John Yoo are ringing in the new year in style. On the docket: What’s the potential fallout from President Biden’s mishandling of classified information? And how does it compare to former President Trump’s? What happens if the Supreme Court never gets to the bottom of the leak of the Dobbsopinion? Is there a sudden epidemic of incivility on the Court? And — the analysis you’re all really here for — will Alec Baldwin be convicted for his role in an accidental shooting on a New Mexico film set? All that plus Yoo reviews movies, Epstein takes a left turn into the JFK assassination, and we review some of the sickest burns in Supreme Court history.
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...
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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!
The fall semester is under way in the faculty lounge as Professors Richard Epstein and John Yoo take us through the latest legal controversies. On the syllabus: The many twists and turns of the FBI’s investigation into Donald Trump — Was the raid justified? Can the president declassify documents at will? And what’s a special master anyway? Then, we turn to the Biden Administration’s plan to...
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The fall semester is under way in the faculty lounge as Professors Richard Epstein and John Yoo take us through the latest legal controversies. On the syllabus: The many twists and turns of the FBI’s investigation into Donald Trump — Was the raid justified? Can the president declassify documents at will? And what’s a special master anyway? Then, we turn to the Biden Administration’s plan to forgive college debt. Does the president really have the authority to make such sweeping policy unilaterally? And, if not, does anyone actually have standing to challenge the move in court? Finally, a look at some of the legal complexities of a post-Roe world. Can the White House force states to allow certain abortions that are otherwise prohibited under state law? A lawsuit in Idaho and a new policy from the VA will put that question to the test.
The fall semester is under way in the faculty lounge as Professors Richard Epstein and John Yoo take us through the latest legal controversies. On the syllabus: The many twists and turns of the FBI’s investigation into Donald Trump — Was the raid justified? Can the president declassify documents at will? And what’s a special master anyway? Then, we turn to the Biden Administration’s plan to forgive college debt. Does the president really have the authority to make such sweeping policy unilaterally? And, if not, does anyone actually have standing to challenge the move in court? Finally, a look at some of the legal complexities of a post-Roe world. Can the White House force states to allow certain abortions that are otherwise prohibited under state law? A lawsuit in Idaho and a new policy from the VA will put that question to the test.
The fall semester is under way in the faculty lounge as Professors Richard Epstein and John Yoo take us through the latest legal controversies. On the syllabus: The many twists and turns of the FBI’s investigation into Donald Trump — Was the raid justified? Can the president declassify documents at will? And what’s a special master anyway? Then, we turn to the Biden Administration’s plan to forgive college debt. Does the president really have the authority to make such sweeping policy unilaterally? And, if not, does anyone actually have standing to challenge the move in court? Finally, a look at some of the legal complexities of a post-Roe world. Can the White House force states to allow certain abortions that are otherwise prohibited under state law? A lawsuit in Idaho and a new policy from the VA will put that question to the test.
In a special episode of Law Talk, professors Richard Epstein and John Yoo do a deep dive into Dobbs v. Jackson, the Supreme Court case overturning Roe v. Wade — and take listener questions while they’re at it. They analyze the logic of Justice Alito’s decision, the controversial concurrence of Clarence Thomas, the uncomfortable middle ground occupied by Chief Justice Roberts...
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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.
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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.
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...
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The faculty lounge moves west, as Professors Richard Epstein and John Yoo both check in from sunny California (while resident cat-herder Troy Senik stays behind in frigid New York). On this installment: Did the Supreme Court’s parsing of the vaccine mandate pass muster? Have we figured out Justices Gorsuch, Kavanaugh, and Barrett yet? Can Donald Trump be held civilly liable for the January 6 riots?
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It’s a festive year-end session in the faculty lounge, as Professors Richard Epstein and John Yoo dissect the latest drama before the Supreme Court. Is Roe v. Wade headed for annihilation? Is California’s attempt to use the logic of the Texas abortion law to go after guns, the beginning of 50-state chaos? And speaking of firearms, is SCOTUS about to upend restrictive gun control laws in blue...
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The faculty lounge is open for visitors as Professors Richard Epstein and John Yoo tackle the latest legal controversies: will the Supreme Court open the door to challenges to the controversial Texas abortion law? Can Donald Trump use executive privilege to keep the January 6 commission away from his White House records? Will Steve Bannon’s defiance of the commission lead to federal prosecution?
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Professors Richard Epstein and John Yoo are kicking off the fall semester with a bang, as they invite classroom participation in the form of questions from Law Talk listeners. On a wide-ranging episode, they cover the controversies over the Texas and Mississippi abortion laws, the crisis on the southern border, vaccine mandates, and a smattering of questions on everything from long-dead Supreme...
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The faculty lounge has been closed for renovations, but Professors Richard Epstein and John Yoo are back to break down the biggest legal stories of the summer: What will come of the Biden Administration’s decision to defy the Supreme Court over the eviction moratorium? Who can (or can’t) mandate vaccines? Will a recent ruling from the Court buttress Republican states trying to change their voting...
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Summer school is in full-swing in the faculty lounge, where Professors Richard Epstein and John Yoo are breaking down the latest from the Supreme Court: Is college sports about to be turned on its head? Was the Court right to side with a foul-mouthed Pennsylvania cheerleader? Was the Court’s decision about Catholic adoption services in Philadelphia a Pyrrhic victory for religious liberty?
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The men of Law Talk are getting Memorial Day weekend off to an early start with a spirited session in the faculty lounge. On the agenda: does a new Mississippi case mean Roe v. Wade is living on borrowed time? Does international law provide a remedy for a journalist’s imprisonment in Belarus? Or a potential lab leak in China? Will Florida get laughed out of court for attempting to regulate big...
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There’s no spring break in the faculty lounge, as Professors Richard Epstein and John Yoo turn their attention to a bevy of cases before the Supreme Court. Will the justices strike down New York’s strict gun control laws? Can California force non-profits to disclose their donors? Will an angry high school cheerleader in Pennsylvania change the face of free speech jurisprudence?
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Professors Epstein and Yoo both have new digs, but they’re still bringing the same searing legal analysis. On this episode: can Democrats really unseat a Republican House member? What’s the fight about voting rights really about? Can accepting COVID stimulus money prevent states from cutting taxes? Is it time to revisit Supreme Court precedent on slander (John’s old boss thinks so)?
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There’s a party in the faculty lounge, as Professors Richard Epstein and John Yoo — along with long-suffering host Troy Senik — celebrate the 10th anniversary of the podcast. A few special guests drop by, but we still have time for all the legal issues of the day: the aftermath of the Trump impeachment, a Texas’ judge’s smackdown of Joe Biden’s immigration policy, efforts to stifle conservative...
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This is a special announcement from John and Richard inviting our Law Talk with Epstein & Yoo listeners to join us on February 8th, 2021 at 1PM PT/4PM ET on Zoom for a discussion on the Constitutionality of impeaching a former president. They’ll be joined by National Review’s Andy McCarthy and Peter Robinson will be moderating. Go to Ricochet.com/LawTalk for details on how to view the event. See you there!
Pack a lunch because this is the longest session we’ve ever held in the faculty lounge. In the final Law Talk of the Trump Administration, we break down all the events of the last week: Congress’s attempt to stymie the tallying of the electoral vote, the role of the Vice President, whether President Trump should be removed from office, a seeming breakdown in the chain of command, and a reaction to...
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The faculty lounge has reopened for its holiday party, but there’s still plenty of business to dispense with. On this final installment of 2020, Professors Richard Epstein and John Yoo are tackling a stocking full of issues: Does a suit from the Texas Attorney General stand any chance of being the Hail Mary that the Trump campaign needs? Can the courts rein in the Michael Flynn pardon?
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It’s a Thanksgiving feast of legal analysis in the faculty lounge (don’t worry, the profs issue opinions on the best side dishes for your holiday meal), as Richard Epstein & John Yoo convene for their first post-election session. On the menu: Do any of President Trump’s legal challenges to the outcome of the election have a chance in court? Are attempts to get state legislatures to change their...
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It’s out of the frying pan and into the fire, as professors Richard Epstein and John Yoo take us from the just-concluded drama of the Amy Coney Barrett hearings to the just-emerging drama over the Supreme Court’s role in the 2020 election. Along the way they consider how seriously we should take the court-packing threat; whether super-precedents are actually a thing; if Roe v. Wade and the ACA are...
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An emergency meeting has been called in the faculty lounge as professors Richard Epstein and John Yoo react to the death of Supreme Court Justice Ruth Bader Ginsburg, sharing their personal remembrances of the late justice and reflecting on her judicial legacy. Then, an analysis of what’s to come: Should the Senate steam ahead with confirmation (there’s a divide in the faculty lounge)?
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In an August faculty lounge tradition, Professors Epstein & Yoo are taking listener questions — and it’s an eclectic bunch. Tune in as the professors debate everything from the limits of stare decisis to whether Barack Obama could be Vice President; from whether there should be more politicians on the Supreme Court to the legal problems with Dred Scott (yes, it involves Roman law)...
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There’s a full docket in the faculty lounge as Professors Richard Epstein and John Yoo tackle the Roger Stone case and review the Supreme Court term that was: How did John Roberts justify taking both sides of the abortion regulations case within just a few years? Why does the Court get so many religious liberty cases these days — and is Antonin Scalia to blame? Has the pursuit of President Trump’s...
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Summer school is starting early in the faculty lounge. On this episode, Professors Epstein and Yoo have a full agenda: Are Minnesota prosecutors setting themselves up for a fall in the Derek Chauvin case? Should the Supreme Court have taken a case that could have allowed it to pare back qualified immunity? What should we make of Justice Gorsuch’s surprising turn in the LGBT discrimination case?
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While everyone else is holding their graduation ceremonies on Zoom, professors Richard Epstein and John Yoo are still hard at work in the faculty lounge. On this installment: Is the end of the Michael Flynn case justice served or justice denied? Should sexual assault cases be tried on college campuses? Can the government stick the landing on the end of coronavirus lockdowns? Does the Supreme Court’...
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With Professors Epstein and Yoo deemed essential workers, the faculty lounge reopens for another round of COVID-19 analysis. On this episode: Can President Trump override state efforts to keep economies shuttered? Are there limits to the intrusive restrictions being enacted by the nation’s governors? Do churches (or abortion clinics) get special treatment during shutdowns? How can the Chinese...
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Fresh off of a scrubdown, the faculty lounge has reopened for a special all-coronavirus episode. On the agenda: Where do the emergency authorities of the White House — and the states — begin and end? Can authorities close down gun stores as an emergency measure? Should the feds drive production of emergency supplies? Did the Justice Department use the crisis for a power grab?
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Every other faculty lounge in America may be closed, but Professors Epstein and Yoo are still showing up to work. On this episode: what are the legal ramifications of the coronavirus? Can Catholic charities be excluded from providing adoption services because of their refusal to place children with same-sex couples? Is there any hope for President Trump’s libel lawsuits against the New York Times...
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It may be the winter session in the faculty lounge, but things are heating up as professors Richard Epstein and John Yoo clash on a number of today’s topics. On the docket: Was Mitt Romney justified in his impeachment vote? Is President Trump wrong to override the Justice Department on the Roger Stone case? Can states punish members of the Electoral College for defying the will of the voters?
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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.
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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.
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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.
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?
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?
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.
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 […] Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/you-cant-lick-it/.
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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 […] Sponsored by Lending Club
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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 […] Sponsored by DonorsTrust
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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 […] Sponsored by DonorsTrust
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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 […] Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/well-dressed/.
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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 […] Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/the-burger-kings/.
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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 […] Sponsored by DonorsTrust
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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?
All that, plus inappropriate dog humor, Richard fires John, and Yoo has a run in with an anti-Senik heckler in Berkeley (to be fair, he probably confused Troy with Milo ... happens a lot).
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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?
Then, is it time to blow up senators' ability to put judicial nominations on hold? Did Dianne Feinstein's questioning of a judicial nominee cross the line into anti-Catholic prejudice? And does Colin Kaepernick have a prayer of winning his collusion case against NFL owners?
All that plus we make our Super Bowl picks, get called to account for our World Series predictions, witness a rare instance of Epstein besting Yoo on a pop culture reference, and debate whether Senik is utterly replaceable or totally replaceable.
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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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