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    Government & Organizations

    Law Talk With Epstein, Yoo & Cooke

    A lively (and often funny) look at legislation and constitutional jurisprudence by preeminent law professors Richard Epstein and John Yoo. The show is hosted by Charles C. W. Cooke.

    Law Talk is a podcast of the Civitas Institute at the University of Texas at Austin.

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    Copyright: © 2019 by the Board of Trustees of Leland Stanford Junior University

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    Latest Episodes:
    The Peruvian Robes May 18, 2023
    Show notes

    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.


    The Fertile Octogenarian Apr 20, 2023
    Show notes

    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.


    Nothing To Bragg About: Epstein & Yoo On Manhattan DA’s Trump Indictment Apr 05, 2023
    Show notes

    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?


    Big Men on Campus Mar 17, 2023
    Show notes

    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.


    (Ex)Presidents’ Day Feb 25, 2023
    Show notes

    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?


    Little Green Corvette Jan 21, 2023
    Show notes

    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 Dobbs opinion? 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.


    Live At The Federalist Society Nov 15, 2022
    Show notes

    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 Girl With the Curl Sep 06, 2022
    Show notes

    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 End of Roe v. Wade” Jun 27, 2022
    Show notes

    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, and the blistering dissent from the Court’s liberal justices. Plus, what’s next: can Congress write Roe back into law — or, conversely, impose nationwide abortion restrictions? Can states limit the ability of citizens to cross state lines in pursuit of an abortion? All that, plus a brief look at the Court’s noteworthy gun rights case out of New York and the professors’ answer to the question: what’s this year’s most important Supreme Court case that no one is talking about?


    The Leak Heard ‘Round the World May 04, 2022
    Show notes

    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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