Law Talk With Epstein, Yoo & Cooke

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!

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, 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?

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 note over the treatment of American territories; and should the government give legal personhood to … bodies of water? All that plus Yoo becomes a rock star, Epstein fends off troublesome tuba players, and Senik’s got an innovative new proposal about American statehood.

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? Did the Supreme Court sell the former president’s claims of executive privilege short? Is reforming the Electoral Count Act the most essential element of election reform? Is higher education a cartel (there’s a split in the faculty lounge)? And why did a Georgia sheriff trying to keep trick-or-treaters safe fall afoul of the First Amendment?

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 states?   Then we leave the court behind for other legal controversies: why are lawsuits against opioid manufacturers failing around the country? Is the Biden Administration obligated to compensate immigrant families who were separated at the border? And, most important of all: exactly how many laws is Santa breaking every year? All that, plus Richard breaks down the economics of marriage, John reveals that he wants a Christmas gift from Vladimir Putin, and we get an after-action report on the professors’ joint trip to Italy.

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? Is congressional Democrats’ idea of a wealth tax unconstitutional? Is a woke controversy at Yale Law School representative of a bigger problem in legal academia? And, for your listening pleasure, a Law Talk tutorial: how would a prosecutor think about Alec Baldwin’s accidental shooting of a crew member on a New Mexico movie set? All that plus tips on airline etiquette and NFT investing from your favorite professors.