Episodios

  • To Forgive and Forget?
    Sep 8 2022

    The Biden Administration is poised to forgive a lot of loans but forget a few legal constraints. Richard Epstein and Adam White parse the legal issues, including the issue of whether federal courts would (or should) have jurisdiction to hear a case at all. Then they move to the Justice Department’s investigation of Trump’s Mar-a-Lago document stash, for which the Administration is not in a forgiving or forgetful mood. What does Judge Cannon’s special master order mean, and what will it accomplish?

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    48 m
  • Reasonable Searches and Seizures?
    Aug 18 2022
    Tanned and well rested, Richard Epstein and Adam White discuss the latest controversies surrounding the former president and the current justice department. And they consider Congress’s own investigation. It’s been a long hot summer.
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    46 m
  • Hearing the Worst of It
    Mar 28 2022
    Days after the Senate Judiciary Committee finished its confirmation hearing for Judge Ketanji Brown Jackson, Richard and Adam debate whether these hearings are a tradition that has outlived its usefulness.
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    46 m
  • The Supreme Court’s Historic Year Keeps Getting More Interesting
    Jan 26 2022

    In today’s episode, Richard Epstein and Adam White discuss the Supreme Court’s recent decisions in the OSHA and HHS vaccine mandate cases. Then they pan back to a broader discussion of the Roberts Court and the administrative state, before finishing with a quick preview of the Court’s newly-granted cases on race-based college admissions.

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    45 m
  • Standing Disagreements
    Dec 16 2021

    In today’s episode, a discussion of the Supreme Court’s recent decision regarding the Texas abortion statute becomes a debate about “standing” and other jurisdictional doctrines. Richard and Adam also discuss the late Professor Alexander Bickel—he’s one of Adam’s favorites, but Richard has some, well, disagreements.

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    46 m
  • From Mandates to Prohibitions, and Everything in Between
    Nov 10 2021

    Richard Epstein and Adam White discuss the lawsuit challenging OSHA’s vaccine mandate, and the Fifth Circuit’s initial order against the administration. Then they turn to the Supreme Court, which just heard oral arguments on New York’s near-prohibition against keeping and bearing concealed handguns outside the home.

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    44 m
  • The Podcast Is Back in Session and so is the Supreme Court
    Oct 11 2021

    Richard and Adam discuss the two biggest cases of the Court’s new term (so far), on abortion and guns, and close with some thoughts on the bigger picture.

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    44 m
  • You Say Goodbye, I Say Hello
    Jan 21 2021

    Richard and Adam close the book on the Trump years — except for the whole post-presidential impeachment thing. And Richard elaborates his case for regulating Twitter as a “common carrier.” Looking ahead to what the new Biden Administration might bring about, they both already disagree with some of the Administration’s day-one policies. Does the end of Trump’s era, and the beginning of Biden’s, mark the end of Richard’s and Adam’s own “reasonable disagreements” with each other? Surely not! But the disagreements will be fewer and farther between.

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    58 m