Opening Arguments

In the main segment, we discuss the intersection between the Paul Manafort criminal trial and the public's right to know about the Mueller investigation.  Oh, and ... isn't there a bill pending to protect Mueller?  We break down that, too. But we're not done!  After that we delve into all things Michael Cohen, including his efforts to stay the California civil suit and his less-than-likely efforts to stay out of criminal trouble in New York.  If you love Stormy Daniels -- and who doesn't? -- you won't want to miss it. Finally, we end with an all new Thomas Takes The Bar Exam #73 about landlord-tenant-friend relationships.  If you'd like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links From our grab bag:  here is a link to the

Today's episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court's liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn't the right-wing hack we all thought he was?  Listen and find out!  (Hint:  No.) After that, we break down the 6th Circuit's recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the first decision of its kind recognizing that discrimination on the basis of an individual who is transgender or transitioning violates Title VII of the Civil Rights Act of 1964. After that, we answer a listener question about selecting a contingent fee attorney and discuss some of the actual pitfalls as well as misconceptions about those lawyers who take "no money down!" Finally, we end with the answer to Thomas Takes the Bar Exam Question #72 about real property and the transfer of a deed.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE

In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI's search of the offices of Michael Cohen, alleged lawyer to Donald Trump and... Sean Hannity?!? First, we begin with a finishing move from one of our pro wrestler listeners, updating our story that we first covered in Episode 163.  (Is it the Million Dollar Dream?  Listen and find out!) In the main segment, we break down all that happened (and all that's yet to come!) in the ongoing legal case against Michael Cohen we first discussed in Episode 164.  How strong is Cohen's argument that he's entitled to protect the privilege of his legal clients? After that, we take a  look at three lawsuits against Alex Jones and InfoWars and start the discussion about what to do about blatantly false, politically-motivated conspiracy theories.  Are defamation lawsuits the answer? Finally, we end with an all-new TTTBE #72 about real property law.  If you've ever thought about playing along, just retweet

Note:  The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law.  You've been warned! In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent White House Executive Order regarding the last few fraying strands of our social safety net. After that, we revisit three cases we told you we'd be keeping an eye on.  First, we look at the aftermath of Jane Doe v. Wright, which we first discussed in Episodes 117 and 133.  Back then, we told you about the fate of a single young woman in state custody who was denied her right to an abortion; today, we tell you about the nationwide class action that was just certified in Garza v. Hargan. Next, we revisit Kolbe v. Hogan, which we called a "landmark" case way back in Episode 47.  Find out how a federal district court judge in Massachusetts just applied Kolbe in upholding the Massachusetts ban on assault weapons and large capacity magazines. For our third

In this rapid-response episode, Thomas and Andrew take a look at the FBI's search of the offices of Michael Cohen, Donald Trump's personal lawyer and alleged "fixer." First, we begin with a discussion of a curious legal move by the Miami Marlins, alleging that they are, in fact, a ... citizen of the British Virgin Islands?? In the main segment, we find out that Andrew Was Right when he declared Stormy Daniels "A Legal Genius."  How right?  Listen and find out! Next, we take a return trip to Yodel Mountain, where we discuss Paul Ryan's impending retirement, Wendy Vitter's comically bad confirmation hearing, and more! Finally, we end with an all-new TTTBE #71 about constitutional law that is the toughest question we've asked to date.  If you've ever thought about playing along, now's the time; just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either

Today's episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill. First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV stations reading pro-Trump talking points on the air.  How did this happen?  What leverage does Sinclair have over your local newscaster?  Listen and find out. During the main segment, the guys break down the CLOUD Act and what it means for international data privacy. After that, we answer a listener question about the WWE and independent contractors. Finally, we end with the answer to Thomas Takes the Bar Exam Question #70 about contracts.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links Click here to watch the viral video from Deadspin; you can see excerpted bits from th

In this rapid-response episode, Thomas and Andrew take a look at the Trump administration's recently-announced tariffs on China, China's response, and the future of free trade. In the pre-show segment, it's time for a lengthy Andrew Was Wrong segment.  From .22s to time zones, Andrew cops to the things he got wrong last week, ending with a discussion of the emoluments lawsuit discussed in Episode 160. In the main segment, Andrew discusses the Trade Act of 1974 and whether it allows Trump to wage a trade war with China. After that, it's time for our weekly trip to Yodel Mountain, this time with a breakdown of the Alex van der Zwaan sentencing as well as Paul Manfort's motion to dismiss and the government's response. Finally, we end with an all-new TTTBE #70 about breach of contract.  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearan

Today's episode takes an in-depth look at gun control.  First, we answer two listener questions about originalism and the Second Amendment, including a provocative one about whether DC v. Heller deserves stare decisis respect under Andrew's model of jurisprudence.  The answer may surprise you! In the main segment, we examine HR 5087, the most recent gun control bill to be introduced in Congress.  What's in it?  What kinds of laws are Democrats looking to pass in light of the Parkland massacre? After that, we check in on the state of Pennsylvania's efforts to combat gerrymandering.  Could there actually be good news in this episode?  Listen and find out. Finally, we end with the answer to Thomas Takes the Bar Exam Question #69 about the firefighter's rule.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was recently a guest on Episode 255 of the Phil Ferguson Show and Episode 96 of the Naked Mormonism Podcas

In this rapid-response episode, Thomas and Andrew take a look at the things Andrew Was Right about over the past few weeks (yay!) as well as the things Andrew Was Wrong about (boo!).  It's Schrödinger's Andrew Day! In the pre-show segment, the guys go through the scenario for all of our Opening Arguments Community March Madness potential winners.  After that, it's time for Andrew Was Right! (TM).  We cover the Alex van der Zwaan sentencing memorandum and what it means for Yodel Mountain, as well as both the Amended Complaint and the Motion for Expedited Trial filed by our next Attorney General, Stormy Daniels.  You won't want to miss it! After that, it's time for Andrew Was Wrong (TM), in Andrew owns up to a few corrections about Watergate and revisits the emoluments lawsuit discussed way back in Episode 78.  Andrew was skeptical then; has he changed his mind? Finally, we end with an all-new TTTBE #69 that questions your knowledge of the "firefighter's rule" and whether it protects cops who get sideswiped

Today's episode takes our time machine back to 1972, as Richard Nixon's Committee to Re-Elect the President ("CREEP") planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation's history when a President has resigned in disgrace.  Exactly what happened?  In this episode, we talk about the "Saturday Night Massacre," and what it means today. First, though, we examine the unintended consequences of the Republican tax bill crammed through the Senate in the waning moments of 2017.  Might the bill actually prevent the major sports franchises, such as Major League Baseball, from trading players??  Listen and find out! After the main segment, Andrew tackles a listener question regarding the "Guarantee Clause" of the Constitution.  What is it, and why should you care?  Listen and find out! Finally, we end with the answer to Thomas Takes the Bar Exam Question #67 about breach of contract.  Don't forget to follow our Twitter feed (@Openargs) and li

In this rapid-response episode, Thomas and Andrew discuss the scandal regarding Cambridge Analytica.  Is there a legal angle?  Have crimes been committed?  Listen and find out! In the pre-show segment, Andrew helps out our reporters by giving theme the question they need to be asking regarding Stormy Daniels, which is:  "Now that you’ve acknowledged that you’re DD, and you’ve sued Stormy Daniels for $20 million, can you tell us what claims you had against Ms. Daniels that you believe you settled in that agreement?  What could you have sued her for?"  You're welcome. That segues into the "A" segment, where the guys discuss the differences (and one strange overlap) between the recent lawsuit filed by Karen McDougal and the top-of-Yodel-Mountain Stormy Daniels lawsuit. After the main segment, we tackle a listener question regarding the difference between textualism and originalism, inspired by our most recent episode, Episode 157. Finally, we end with an all-new TTTBE #68 that requires some math to figure out t

Way back in Episode 49, Andrew argued that lawyers who claim to follow in the footsteps of Antonin Scalia-style originalism should be disqualified from serving on the U.S. Supreme Court, and that Democrats on the Senate Judiciary Committee need to be challenging Scalia's acolytes (like Neil Gorsuch) on their underlying philosophy and not just their compassion (or lack thereof). In this episode, friend of the show David Michael challenges some of the points made by Andrew in the original episode , as well as raises new ones.  Along with Thomas, we have a great three-way discussion about U.S. history, the Federalist papers, key cases, the underlying work of Robert Bork, and more.  Does Andrew change his mind?   Does Thomas?  Listen and find out! After the lengthy interview, we end with the answer to an all-new TTTBE #67 about a gang party where the boss just wanted to "send a message."  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your g

In this rapid-response episode, Thomas and Andrew discuss Congressman-elect Conor Lamb's victory in Tuesday's PA-18 special election and whether the Republicans will be able to recount the results. After that, Andrew walks through the history of prior restraint under the First Amendment in light of a recent Nevada decision denying the request of the family of one of the Las Vegas massacre victims to suppress his autopsy report... and what that might mean for friend of the show Stormy Daniels. That segues into another Q&A segment where we tackle Yet More Of Your Stormy Questions; this time relating to (1) choice of law and (2) whether Stormy can simply buy back the settlement for $130,000. Finally, we end with an all-new TTTBE #67 about a gang party where the boss just wanted to "send a message."  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry

Today's episode tackles a popular article in The Atlantic which implies that, but for the machinations of one dude in the 1880s, corporations might not be "people," today.  Is it true?  Listen and find out! First, though, we continue to examine the legal genius of Stormy Daniels by answering some of the most common questions raised in response to our episode.  This begins (sadly) with a brief "Andrew Was Wrong" clarification about the operative campaign disclosure requirements as well as an analysis of the arbitration order that came to light just after we went to press with Episode 154, and more! In the main segment, Andrew takes a trip through the history of corporate personhood.  After that, we answer a delightful question about hearsay from listener Dr. Jeff Otjen. Finally, we end with the answer to Thomas (and David) Take the Bar Exam Question #66 about murderous political candidates appearing on an "Iron Chef" knockoff... look, you'll just have to listen for yourself.  Don't forget to follow our Twitte

This emergency episode examines the Complaint filed by Stormy Daniels seeking a legal determination that the Settlement Agreement entered into between her, Donald Trump's lawyer, and (allegedly) Donald Trump is not legally binding. We honestly believe that this is a much bigger bombshell than is being portrayed by the press.  Listen and find out why. We also end with an all-new TTTBE #66 featuring David Michael.  You won't want to miss it!  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com  

Today's episode takes an in-depth look at the recent FBI investigation into NCAA basketball. First, though, the guys take another trip to Yodel Mountain, stopping at base camp to discuss Michael Rogers, Hope Hicks, Jared Kushner, Rick Gates, and everyone's favorite villain, Paul Manafort. During the main segment, Andrew and Thomas cover the recent expose by Yahoo regarding college basketball coaches allegedly paying for top talent.  What does this mean for the future of the  sport right before March Madness?   Listen and find out! After that,  we revisit the funniest lawsuit in recent memory, namely, Bob Murray of Murray Energy's defamation lawsuit against John Oliver, which we first covered back in Episode 84. Finally, we end with the answer to Thomas Takes the Bar Exam Question #65 about an overzealous Eli Bosnick disciple who accidentally poisoned a meat-eater.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Non

In this rapid-response episode, Thomas and Andrew discuss the 2nd Circuit Court of Appeals' en banc decision in Zarda v. Altitude Express, ruling that Title VII of the Civil Rights Act of 1964's ban on discrimination on the basis of sex applies to sexual orientation as well.  This is a follow-up to our prior discussions of this issue back in Episode 60 and Episode 91. In the initial segment, Andrew tackles a question from Twitter about the James Damore lawsuit and employment law in general after our most recent coverage in Episode 150. After the main discussion of Zarda, the guys discuss some of the fallout from the Parkland shooting, including decisions by Dick's Sporting Goods and Wal-Mart to cease certain kinds of gun sales.  Is this inappropriate age discrimination?  Listen and find out! Finally, we end with an all-new TTTBE #65 about vegan criminal law.  You won't want to miss it!  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your

Today's episode takes a look at HR 620.  What does it mean, and why does Congress want to make changes to one of the most successful, bipartisan, and beloved pieces of legislation in the past 30 years? First, though, the guys update  break down a recent decision from the Eastern District of New York also enjoining Trump's rescission of DACA.  Why did a second court block Trump's order?  Listen and find out! During the main segment, Andrew walks us through the history of the Americans with Disabilities Act and what restrictions HR 620 would impose on would-be plaintiffs.  Is it as bad as people are saying?  (Hint:  yes.) After that,  we answer a somewhat off-the-wall question from listener Mark Lunn that's a follow-up to Episode 147 with Lucien Greaves. Finally, we end with the answer to Thomas Takes the Bar Exam Question #64 about dog law, accidental trespass, and... well, you'll just have to listen.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along

In this fast-breaking episode, Thomas and Andrew preview a significant labor case scheduled for oral argument before the Supreme Court this coming Monday, Janus v. AFSCME.  You'll know all about it before the news breaks! In the initial segment, "Andrew Was Wrong" returns with listener criticism over our repetition of the common media statement that Parkland was the "18th" school shooting of 2018. After that, Andrew walks us through Janus v. AFSCME and its implications on the future of unions. Next, the guys revisit ex-Google employee James Damore and discuss the significance of a recent memorandum issued by the National Labor Relations Board regarding his termination.  Is The Most Important Lawsuit In The History of Western Civilization still on track?  Listen and find out. Finally, we end with an all-new TTTBE #64 about criminal dog law.  You won't want to miss it!  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll relea

Today's emergency episode breaks down the indictments issued in the Mueller probe on Friday, focusing on the shadowy, Putin-funded Internet Research Agency.  What does this mean in terms of Yodel Mountain?  Listen and find out! After that, we have a lengthy interview with friend of the show Bryce Blankenagel of the Naked Mormonism podcast.  Bryce comes on the show to break down the Rob Porter scandal, an innocuous-sounding bill before the Utah state legislature, and the puppet-mastery of the Mormon Church of all things political in that state. After that, we end with the answer to Thomas Takes the Bar Exam Question #63, another very difficult question, this one about hearsay.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Check out the NEW PODCAST created by our very own Thomas Smith and friend-of-the-show Aaron Rabi, "Philosophers in Space."  You'll be glad you did! Also, Andrew was just a guest on Episode 6 of th