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Law Talk With Epstein, Yoo & Cooke: Daily Summaries Delivered
by 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.
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- 2 weeks ago59 min
Into the Gerrymandering and Slush Fund Legal Thunder Dome
The Supreme Court drops a bombshell voting-rights ruling, Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the mysterious “Republican Form of Government Clause,” whether Trump can legally settle a lawsuit with… himself, and why both parties suddenly love slush funds when they’re the ones holding the hose. It’s a cheerful little conversation about whether America’s political system is fundamentally broken — and whose fault it is.
- Apr 22, 202654 min
Birthright, Free Speech, and War: Law Talk Live at UT Austin
In this episode of Law Talk Live—recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate some of the most contentious constitutional questions of the moment. The panel examines the future of birthright citizenship in light of recent Supreme Court arguments, the tension between free speech and professional regulation in a major First Amendment case, and the legal and moral framework governing modern warfare, including what counts as a war crime. Blending sharp disagreement, historical insight, and a dose of humor, the conversation explores how precedent, originalism, and real-world pressures collide when the Constitution is pushed to its limits.
- Mar 20, 20261h 0m
Who's More Libertarian? Iran, Guns, and the Limits of Law
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, they tackle a major 2nd Amendment case testing whether drug use can justify a permanent gun ban—and whether courts or legislatures should draw that line. Finally, a heated clash over parental rights, the Constitution, and California’s school policies raises a deeper question: where do these rights actually come from?
- Feb 26, 20261h 8m
The Trouble With Tariffs
Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case. They also explore who really controls tariff power under the Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.
- Jan 22, 20261h 15m
Greenland, Guns, and Money
Can a U.S. president buy — or even invade — Greenland? Can he tear up treaties, fire a member of the Federal Reserve, and still stay within the Constitution? And who actually decides what “fairness” means in women’s sports?In this wide-ranging Law Talk episode, Richard Epstein, John Yoo, and Charles C.W. Cooke debate Trump’s Greenland gambit, the limits of presidential war powers, treaty termination, NATO, transgender athletes and Title IX, Hawaii’s attempt to criminalize gun carry on private property, and whether the Supreme Court is about to blink when it comes to the independence of the Federal Reserve.Then, what starts out as a theoretical discussion quickly turns into a no-holds-barred debate about the unitary executive, impeachment, property rights, constitutional “prescription,” and whether modern government is compatible with the Constitution as written. Buckle up.
- Dec 20, 20251h 0m
Peak Trump: War, Antitrust, and Third Terms
Is the United States already at war with Venezuela—and if so, who authorized it? The Law Talk crew reconvenes for a wide-ranging debate over presidential war powers, congressional passivity, and how far modern practice has drifted from constitutional text. The conversation then pivots to Netflix's attempt to buy Warner Bros antitrust and whether or not in these big mergers consumer welfare still matters at all. The episode closes with a sharp examination of the most feverish legal question of the moment: could a president really serve a third term—or is that pure constitutional fantasy?
- Nov 20, 20251h 1m
The Big Beautiful Originalism Debate
The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It's a spirited, clear, and tightly argued conversation about how the Constitution should function today.
- Oct 14, 20251h 12m
Supreme Court Preview: Sports, Speech, and Separation of Powers
The Supreme Court’s new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump’s use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what’s at stake for the Court — and for the country.
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About 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.
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