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Law Talk With Epstein, Yoo & Senik
63 minutes | 9 days ago
Law Talk with Epstein & Yoo #140: “Stale Emergencies”
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 electoral votes constitutional? Would a president Joe Biden actually have the power to issue a national mask mandate? Will increasingly restrictive COVID rules at the state level withstand scrutiny by the courts? Was Justice Alito out of line to issue politically-charged remarks at the Federalist Society convention? And finally, the question of the hour: does President Trump have the power to pardon himself?
64 minutes | a month ago
Law Talk with Epstein & Yoo #139: “Judging Amy”
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 actually in danger with a Justice Barrett on the court; and what the newest Supreme Court justice's judicial blindspot is most likely to be. Then it’s on to the Supreme Court’s unpredictable role in the 2020 presidential election. Will Chief Justice Roberts surprise us all again? Do any of the lessons of Bush v. Gore apply this year? And does ACB have a duty to recuse herself? Come for the top-shelf legal analysis, stay for Professor Epstein posing a grammar brainteaser for the ages.
70 minutes | 3 months ago
Law Talk with Epstein & Yoo #137: “Epstein, Yoo, & You”
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); from the lack of intellectual diversity on college campuses to the radicalism in Seattle’s city government. All that plus the hosts survey the wreckage in their home cities, consider the virtues of not being a Supreme Court clerk, and spend some time on William Howard Taft arcana. As you do.
78 minutes | 5 months ago
Law Talk with Epstein & Yoo #136: “Stone’s Rules"
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 tax records seen SCOTUS open up a pandora’s box? And did the Court just give a huge chunk of Oklahoma back to Native Americans? All that plus the profs head to the suburbs, and we answer the question "Is it time to start worrying about Justice Gorsuch?” Also, remember to submit your questions for the upcoming Law Talk Q&A in the comments or to email@example.com
62 minutes | 6 months ago
Law Talk, with Epstein & Yoo, #135: "Give Me the Epstein!”
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? Or Chief Justice Roberts siding with the court’s liberals in subjecting California churches to strict COVID protocols? Does President Trump have the power to stop John Bolton’s book from being released? And, finally, can we find eternal truths about intellectual property law in the battle between a couple of authors of wolf-themed erotica? At least one professor thinks so!
69 minutes | 7 months ago
Law Talk with Epstein & Yoo, #134: “A Race To The Bottom”
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’s rejection of the Bridgegate convictions mean a free-for-all on government corruption? And is President Trump about to dodge a bullet on his tax returns? All that plus Epstein and a small child stare out a window, Yoo explores the black market in haircuts, and we finally get to the bottom of the Supreme Court’s mid-oral arguments toilet flush.
60 minutes | 8 months ago
Law Talk With Epstein, Yoo & Senik #133: “Rise of the Micro-Tyrant”
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 government be held to account for the spread of coronavirus? What was the right response to the USS Roosevelt controversy? Was President Trump justified in removing a troublesome inspector general? And does a new report show it’s time to blow up the FISA proces? All that plus a Law Talk examination of Tom Brady’s new IP play, a sampling of avian life in John’s neighborhood, and we play “Which Prof is More Likely to Snap in Lockdown?
59 minutes | 8 months ago
Law Talk With Epstein, Yoo & Senik #132: "Lawyers in Lockdown"
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? And would digital surveillance to stop the spread of COVID-19 run afoul of the Fourth Amendment? Find out the answers to all that and more on the world’s longest micro-episode.
61 minutes | 9 months ago
Law Talk With Epstein, Yoo & Senik #131: "Quarantined!"
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 and Washington Post? Is encouraging an illegal immigrant to stay in the country a crime? Is the Supreme Court about to make a game-changing decision on abortion? And is getting hit by a foul ball about to be grounds for a lawsuit? All that plus the professors struggle with virtual classes, dish on tell-all books, and continue their annual tradition of making the nation’s most unreliable World Series predictions.
56 minutes | 10 months ago
Law Talk With Epstein, Yoo & Senik #130: “Best Supporting Lawyer”
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? Can state and local governments resist the feds’ efforts to curb illegal immigration? And do the sign-stealing Houston Astros have to pay up for ruining a pitcher’s career? All that plus the gang weighs in on Korean cinema, back tattoos, and one of the professors (shouldn’t it be obvious?) getting shushed on a film set.
58 minutes | 10 months ago
Law Talk With Epstein, Yoo & Senik #129: “The Bottle Episode”
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.
58 minutes | a year ago
Law Talk With Epstein, Yoo & Senik #128: "Check Your (Executive) Privilege"
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.
52 minutes | a year ago
Law Talk With Epstein, Yoo & Senik #127: “Nothing is Benign”
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.
56 minutes | a year ago
Law Talk With Epstein, Yoo & Senik #126: Fifth Avenue Freeze Out
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?
74 minutes | a year ago
Law Talk With Epstein, Yoo & Senik #125: "Greece Is the Word"
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?
70 minutes | a year ago
Law Talk With Epstein, Yoo & Senik #124: “You Asked”
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.
57 minutes | a year ago
122. You Can’t Lick It
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.Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/you-cant-lick-it/.Podcast listeners: Now become a Ricochet member for only $2.50 a month! Join and see what you’ve been missing: https://ricochet.com/join/.Subscribe to Law Talk With Epstein, Yoo & Senik in iTunes (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in iTunes or by RSS feed.
61 minutes | 2 years ago
121. Free The Nipple
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.Sponsored by Lending ClubJoin the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/free-the-nipple/.Podcast listeners: Now become a Ricochet member for only $2.50 a month! Join and see what you’ve been missing: https://ricochet.com/join/.Subscribe to Law Talk With Epstein, Yoo & Senik in iTunes (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in iTunes or by RSS feed.
60 minutes | 2 years ago
121. Parking Strictly Enforced
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.Sponsored by DonorsTrustJoin the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/parking-strictly-enforced/.Podcast listeners: Now become a Ricochet member for only $2.50 a month! Join and see what you’ve been missing: https://ricochet.com/join/.Subscribe to Law Talk With Epstein, Yoo & Senik in iTunes (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in iTunes or by RSS feed.
56 minutes | 2 years ago
120. It’s Mueller Time
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.Sponsored by DonorsTrustJoin the conversation and comment on this podcast episode: https://ricochet.com/podcast/law-talk/its-mueller-time-2/.Podcast listeners: Now become a Ricochet member for only $2.50 a month! Join and see what you’ve been missing: https://ricochet.com/join/.Subscribe to Law Talk With Epstein, Yoo & Senik in iTunes (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in iTunes or by RSS feed.
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