Law Talk With Epstein, Yoo & Cooke

Professors Epstein and Yoo answer listener questions, exploring the possibility of a president serving from prison, the state of abortion law post-Dobbs case, the influence of writing skills on Supreme Court justices, the impact of Trump on the Supreme Court, and the importance of Gias's Institutes in understanding Roman law.

Professors Richard Epstein and John Yoo discuss the legal controversies surrounding Donald Trump and Joe Biden. They delve into the cases facing Trump in Georgia, Florida, D.C., and Manhattan, as well as the elusive case of Hunter Biden. They analyze the misapplications of forgery and impersonation charges, debate indicting a former president, and raise concerns about the integrity of Hunter Biden's plea bargain. The professors also explore the legal challenges and vulnerabilities of Trump and Biden for the 2024 election.

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 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.

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!