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Law Talk With Epstein, Yoo & Senik

The Law of War

Law Talk With Epstein, Yoo & Senik

The Civitas Institute at the University of Texas at Austin

Government, History, News, Politics

4.9677 Ratings

🗓️ 19 October 2023

⏱️ 64 minutes

🧾️ Download transcript

Summary

It’s a jam-packed session in the faculty lounge as Professors Richard Epstein and John Yoo go around the horn for a comprehensive look at the issues of the day: What does “international law” mean in the context of the war in Gaza? Should student activists be punished for their support of Hamas? Will the Supreme Court rule on whether Donald Trump can be on the 2024 ballot? What upcoming SCOTUS case inspired the first (non-podcast) Epstein and Yoo collaboration? And should the Supreme Court knuckle under to pressure to adopt a code of ethics? All that, plus we debate the finer points of ancient latin and do a quick tour of archaic American currency.

Transcript

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0:00.0

Dean, can I call you back? I'm doing the Law Talk show in two minutes. I'll call you back. Okay. Bye.

0:09.1

Welcome back to the Law Talk podcast from the Hoover Institution coming to you, as we always do from the Faculty Lounge, the Epstein and You School of Law, the one institution for the faculty protests the students.

0:24.2

I'm your host, Troy Seneca, former White House speechwriter, co-founder of Kighton Key Media.

0:29.4

And sorry, I'm just being handed this.

0:32.2

Apparently, I'm also the new speaker of the House.

0:34.7

And I am joined, as always, by the Norm and Cliff of the conservative legal

0:40.1

movement. They are Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover

0:45.9

Institution, the Lawrence A. Tish Professor of Law at NYU, and Senior Lecturer at the University

0:51.6

of Chicago, and John U. visiting fellow at the Hoover Institution, the Emanuel S. Heller, Professor of Law at the

0:58.7

University of California, Berkeley, and former deputy assistant attorney general in the Bush

1:05.1

administration. Fellows, good to be back with you, slightly weird to be back, because we've had to do this show

1:13.3

against the backdrop of a lot of terrible events over the dozen or so years we've been on the

1:18.1

air, but probably none as grisly as these terrorist attacks that Hamas unleashed on Israel about 10 days

1:25.2

ago now. So, you know, legal issues, not most people's

1:29.3

primary focus here. But let me start with the one that does come up all the time. The media is

1:35.9

always at the ready, particularly when the subject is the Israelis and the Palestinians, to talk

1:41.9

about war crimes, to talk about proportionality, to talk about the restraints of international

1:48.6

law. For instance, we had this hospital in Gaza that suffered an explosion last night. I saw a

1:55.1

reporter on real time in ABC, on ABC, immediately rushed to say, well, if Israel did this, this was a war crime.

2:03.2

And this was before we learned that actually seems like it was a rocket that came from the

2:06.8

Palestinian side.

2:07.7

Today we learned it doesn't even really seem to have hit the hospital.

...

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