

Law Talk With Epstein, Yoo & Cooke
The Civitas Institute at the University of Texas at Austin
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.
Episodes
Mentioned books

Sep 24, 2021 • 1h 1min
Ask the Professors!
Professors Richard Epstein and John Yoo are kicking off the fall semester with a bang, as they invite classroom participation in the form of questions from Law Talk listeners. On a wide-ranging episode, they cover the controversies over the Texas and Mississippi abortion laws, the crisis on the southern border, vaccine mandates, and a smattering of questions on everything from long-dead Supreme Court justices to the possibility of a new constitutional convention to revising the Declaration of Independence. You’ll hear all the wisdom and insight you’ve come to inspect from the professors plus a potentially career-ending gaffe from our intrepid moderator, who assures us he will submit to the Montreal Cognitive Assessment.

Aug 10, 2021 • 1h 3min
Impeachable Offenses
The faculty lounge has been closed for renovations, but Professors Richard Epstein and John Yoo are back to break down the biggest legal stories of the summer: What will come of the Biden Administration’s decision to defy the Supreme Court over the eviction moratorium? Who can (or can’t) mandate vaccines? Will a recent ruling from the Court buttress Republican states trying to change their voting laws? Is a Mississippi case the long-awaited culmination of the fight over Roe v. Wade? Why did antitrust efforts against Facebook get smacked down in federal courts? Is there any hope for Donald Trump’s class-action suit against the big tech companies? And finally, the professors reveal what they’d do if given the chance to amend the Constitution.

Jun 24, 2021 • 58min
While the Iron is Hot
Summer school is in full-swing in the faculty lounge, where Professors Richard Epstein and John Yoo are breaking down the latest from the Supreme Court: Is college sports about to be turned on its head? Was the Court right to side with a foul-mouthed Pennsylvania cheerleader? Was the Court’s decision about Catholic adoption services in Philadelphia a Pyrrhic victory for religious liberty? Is a ruling about farmworkers in California the ultimate vindication of Richard Epstein? Plus, are states within their rights to clamp down on Critical Race Theory in schools — or are they running afoul of First Amendment protections? All that plus Epstein goes postal on Amazon, Yoo settles the great Philadelphia cheesesteak debate, and we get a handy tip as to how to determine when a piece of legislation is no good.

May 28, 2021 • 60min
Marbury, Madison … and Yoo?
The men of Law Talk are getting Memorial Day weekend off to an early start with a spirited session in the faculty lounge. On the agenda: does a new Mississippi case mean Roe v. Wade is living on borrowed time? Does international law provide a remedy for a journalist’s imprisonment in Belarus? Or a potential lab leak in China? Will Florida get laughed out of court for attempting to regulate big tech on its own? And is the Supreme Court on the cusp of revolutionizing college sports? All that plus Professor Yoo has a gripe with President Biden that could go all the way to the Supreme Court, and Professor Epstein is … doing impressions of British economists?

Apr 30, 2021 • 1h 3min
Guns, Cheerleaders, and Polygamy
There’s no spring break in the faculty lounge, as Professors Richard Epstein and John Yoo turn their attention to a bevy of cases before the Supreme Court. Will the justices strike down New York’s strict gun control laws? Can California force non-profits to disclose their donors? Will an angry high school cheerleader in Pennsylvania change the face of free speech jurisprudence? And has Justice Thomas signaled the beginning of a new era in tech regulation? All that plus a deep-dive on the push for D.C. statehood, a curious look at the history of polygamy laws, and Yoo out-libertarians Epstein.

Mar 27, 2021 • 1h 2min
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.

Feb 27, 2021 • 1h 8min
Tenth
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.

Jan 28, 2021 • 3min
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!

Jan 9, 2021 • 1h 14min
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.

Dec 9, 2020 • 60min
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?