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Law Talk With Epstein, Yoo & Senik
62 minutes | 20 days ago
The Housewarming Party
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)? All that plus we get a tour of the professors’ bookshelves, learn a little about Wyoming history, and answer a letter from an aspiring young lawyer.
68 minutes | 2 months ago
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 outlets on cable news and social media, and the Supreme Court’s controversial decision not to deal with an election challenge out of Pennsylvania. All that plus a member of the faculty lounge dressed like a Star Trek cast member, a look back on a decade of the show, and a crash course in presidential speeding tickets.
3 minutes | 3 months ago
Law Talk and Uncommon Knowledge with Peter Robinson: Live
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!
74 minutes | 3 months ago
What We Saw at the Revolution
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 the president’s attempt to pressure Georgia’s Secretary of State. Then it’s on to the incoming Biden Administration, as the professors react to Merrick Garland’s nomination to be Attorney General, the push for statehood for Puerto Rico and Washington D.C., and the prospect of Justice Breyer’s retirement from the Supreme Court. Then we cap it all off with the professors’ final judgments on the Trump Administration. All that, plus breaking news from Twitter and McDonald’s and … less-than-breaking news from the annals of Roman Law.
60 minutes | 4 months ago
Law Talk with Epstein & Yoo, #141: “Eating a McRib in Evening Dress"
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? Who’s the least menacing candidate to be Joe Biden’s Attorney General? Does the Supreme Court’s smackdown of Andrew Cuomo represent a turning point on COVID restrictions? Will the justices save President Trump’s plan to exclude illegal immigrants from the census? Has the era of government by executive order gone too far? And finally, how, is it possible that Gavin Newsom can unilaterally end the automobile as we know it in California?
63 minutes | 5 months 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 | 6 months 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.
63 minutes | 7 months ago
Law Talk with Epstein & Yoo #138: “Supreme Court: Ragnarok”
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)? Which of the prospective nominees should President Trump choose? What are the odds that the GOP will once again find itself undermined by a justice who ‘evolves’ on the court? And how credible are Democratic threats of court-packing? All that and more in our comprehensive coverage of the biggest legal story of the year.
70 minutes | 8 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 | 9 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 firstname.lastname@example.org
62 minutes | 10 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 | a year 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 | a year 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 | a year 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 | a year 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 | a year 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 | a year 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?
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