Opening Arguments

Should you take legal advice from a viral video on YouTube? Today's episode is all about judges, lawyers, attorney-client privilege, and the police.  We begin with the news that Supreme Court Justice Elena Kagan has recused herself in the case of Jennings v. Rodriguez; why? After that, the guys break down a video called "Don't Talk To The Police" and discuss some hallmarks of legal videos online. After that, Andrew tackles Donald Trump Jr.'s assertion that whenever a lawyer enters the room, attorney-client privilege shields everything.  Is that really true?  (No.) Finally, we end with the answer to Thomas Takes The Bar Exam question #53 about witness impeachment.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was just a guest on Episode 75 of The Science Enthusiast podcast; give it a listen! Show Notes & Links This is the recusal letter sent on behalf of Justice Kagan; and here is the Code of Condu

Today's episode concludes the discussion begun in Episode 125 about antitrust law in light of the proposed AT&T/Time Warner merger. First, though, we begin with some news items, including an update on Patreon practices and the status of Leandra English's lawsuit to become Acting Director of the CFPB. In the main segment, Andrew breaks down the Department of Justice's lawsuit against AT&T and Time Warner with an eye towards answering the question "is this just an effort to punish CNN?" After the main segment, fan favorite "Closed Arguments!" returns with an evaluation of Alan Dershowitz and John Dowd's claims that the President cannot obstruct justice. Finally, we end with an all-new Thomas Takes the Bar Exam Question #53 about witness impeachment.  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 Appearances Andrew was recently a gu

For $30 off your first week of HelloFresh, visit hellofresh.com and enter lawpod30! Today's special episode tackles the breaking news that Gen. Michael Flynn has pled guilty in connection with the Mueller investigation.  To break down the significance of this deal, we welcome back Prof. Randall Eliason. After that, Andrew answers a bunch of listener questions regarding the tax bill that just passed the Senate. Recent Appearances Andrew just did two episodes of the David Pakman show:  first, he was on talking about #NetNeutrality; and then, he came back for a segment on the Mueller investigation.  You can see both -- including Andrew's spiffy new webcam -- by clicking the YouTube links above! Show Notes & Links This is a copy of the Flynn plea deal; he's pled guilty to one count of violating 18 U.S.C. § 1001. Prof. Eliason's "Sidebars" blog is here, and you can read his latest Washington Post article about Flynn by clicking here. We referenced statements by Seth Abramson (scroll forward to linked reply

Today's episode breaks down the recent kerfuffle over the simultaneous claims of Leandra English and Mick Mulvaney to be Acting Director of the Consumer Financial Protection Bureau (CFPB). First, we begin with an "Andrew Was Wrong (?)" segment that gives voice to an anti-Net Neutrality argument, a clarification on the Obama administration's antitrust policies, and a factual clarification on the Anheuser-Busch/InBev merger. After the main segment, Andrew and Thomas answer a fun question about speeding and evidence AND tease the upcoming Law'd Awful Movies #13. Finally, we end with an all-new Thomas Takes the Bar Exam Question #52 about the constitutionality of a cigarette tax and accompanying program.  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 Appearances None! Have us on your show! Show Notes & Links For Jaqen and others, we rec

Today's episode takes two deep dives into complicated legal issues in the news. First, we tackle the FCC's recent "Order Restoring Internet Freedom," which is being characterized as ending Net Neutrality.  Is that true?  The answer... probably won't surprise you, actually. Then, Andrew and Thomas discuss general principles of antitrust law with an eye towards the recent news that the Trump Department of Justice has sued to block the AT&T/Time Warner merger. Finally, we close with the answer to Thomas Takes the Bar Exam Question #51 involving class action lawsuits in Tenntucky.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew is going to be on the Wednesday broadcast of the David Pakman show; give it a listen! Show Notes & Links We first discussed Net Neutrality in Episode 64 and Episode 65. The text of the Open Internet Order of 2015 is here. You can also read the Heritage Foundation's plea to h

Today's episode is the Happiest Episode Ever (TM)! First, the guys discuss "the real meaning of Thanksgiving," cribbing from a blog post Andrew wrote for his old firm back in 2013. In the main segment, Andrew and Thomas break down a pending case before the U.S. District Court for the District of Columbia regarding Donald Trump's tweets and the Freedom of Information Act, as well as an update on the status of Trump's "Sanctuary Cities" executive order first discussed on OA 65. Then, Thomas answers a delightful listener question about what he likes.  The answer WILL surprise you! Finally, we end with an all-new Thomas Takes the Bar Exam Question #51 about justiciability and standing.  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 Appearances Andrew was a return guest on the How-To Heretic Podcast; give it a listen! Show Notes & Links

In this fun, pre-Thanksgiving episode, we delve into a number of interesting topics.  We begin with the popular (if much maligned by Thomas) card game "Cards Against Humanity" and their pitch to "save America."  Are you surprised that it turns into a deep dive about eminent domain?  (You shouldn't be.) After that, Andrew answers a listener question about whether, in fact, there are "magic words" in the law.  How does this relate to the infamous lawyer dog?  Listen and find out! Next, the guys discuss Trump's secret war on the judiciary, beginning with a judge less qualified than Thomas and most OA listeners.  It's depressing!  It's true!  It's... depressing. The episode closes with the answer to Thomas Takes the Bar Exam Question #50 involving hot rods, cruisin', and assault with a deadly car hood.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was a return guest on Episode 7 of the How-To Heretic Podcas

Today's episode is, unfortunately, all about Alabama Senate candidate Roy Moore. First, the guys discuss the unintentionally hilarious litigation hold letter filed by Moore's attorney.  After that, Andrew and Thomas break down Alabama's election laws and discuss a variety of proposals being circulated for replacing Moore on the ballot.  Next, the guys end with a discussion of whether the Senate can expel Moore from its ranks in the event that he wins. Finally, we end with an all-new "West Side Story"-themed Thomas Takes the Bar Exam Question #50.  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 Appearances None!  Have us on your show! Show Notes & Links Here is the AL.com story containing the litigation hold letter they received from Moore's attorney. The relevant law is Alabama Code 17-6-21. Support us on Patreon at:  patreon.com/

Today's episode takes a deep dive into social contract theory, and in particular, one of the most influential works of modern philosophy, John Rawls's A Theory of Justice, with guest philosopher Aaron Rabi, host of the terrific podcast Embrace The Void. After the discussion, we end with the answer to Thomas Takes the Bar Exam Question #49.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  Have us on your show! Show Notes & Links Check out Embrace The Void by clicking here. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at openarguments@gmail.com  

Today's episode features Natalie Newell of the documentary "Science Moms" discussing GMO labeling and science awareness. First, we begin with an "Andrew Was Wrong" segment that updates some previous stories, including good news from the Jane Doe v. Wright decision discussed in Episode 117 and some clarification regarding the Manafort indictment from Episode 118. After that, Natalie Newell joins us for a lengthy discussion on GMOs in light of legislation passed in 2016 requiring uniform national labeling. Finally, we end with an all-new Thomas Takes the Bar Exam Question #49.  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 Appearances Andrew was a guest on Episode 6 of the How-To Heretic Podcast; give it a listen! Show Notes & Links Here is the press release regarding Jane Doe's abortion. The GMO labeling law we discuss is the "Nat

Today's episode takes a look at the recent decision in Doe v. Trump in which a federal judge issued a preliminary injunction blocking the majority of President Trump's ban on trans servicemembers in the armed forces. First, though, we begin with a discussion of Brady v. Maryland, 373 U.S. 83 (1963) and the requirement that prosecutors turn over exculpatory evidence to criminal defendants. In the "C" segment, we discuss two articles surrounding Trump's legal strategy in light of last week's indictments. Finally, we end with the answer to Thomas Takes the Bar Exam Question #48 about co-conspirators, confessions, and hearsay.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was a guest on Episode 6 of the How-To Heretic Podcast; give it a listen! Show Notes & Links The two cases discussed in the "A" segment were Brady v. Maryland, 373 U.S. 83 (1963) and U.S. v. Bagley, 473 U.S. 667 (1985). You can read th

Today's rapid-response episode tackles -- of course -- the indictment of former Donald Trump campaign manager Paul Manafort and his protege, Rick Gates, as well as the guilty plea entered by Trump campaign official George Papadopoulos.  What does it all mean?  Listen to a special full-length episode and find out! After our full discussion, we end with a timely new Thomas Takes the Bar Exam Question #48 about co-conspirator confessions.  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 Appearances Andrew was a guest on Episode 6 of the How-To Heretic Podcast; give it a listen! Show Notes & Links You can (and should) read the Papadopoulos statement of offense. Papadopoulos has pled guilty to providing a false statement to a government official, 18 U.S.C. § 1001. After that, you can read the Manafort and Gates indictment by clicking here

Today's episode takes a look at a tragic case currently unfolding of a pregnant young woman being detained for being in this country illegally and the Trump administration's efforts to deny her the right to an abortion. We begin with a quick procedural update on the 9th Circuit's ruling on EO-2 before taking a deep dive into the nuts and bolts behind Zarda v. Altitude Express, which we first discussed back in Episode 91.  Thanks to some great questions from our listeners, Andrew and Thomas get into the civil procedure weeds with concepts like "claim-splitting" and res judiciata. In the main segment, the guys break down Jane Doe v. Wright, and discuss whether the government can prohibit an minor alien in this country outside of legal status from seeking an abortion. Next, Andrew and Thomas discuss a prominent tweet within the skeptical community and whether it is fair to characterize the statement itself as "sexual harassment." Finally, we end with the answer to Thomas Takes the Bar Exam Question #47 about lan

Today's rapid-response episode tackles the recent news that Hillary Clinton's campaign and/or the DNC paid for the "Russian dossier" on Donald Trump.  What does that mean in terms of U.S. election law?  Listen and find out! We begin with a quick news update on various lawsuits against poker pro Phil Ivey, a story we covered way back in Episode 32 with guest Chris Kristofco. Next, we take a quick look at New York's use of the Uniform Bar Exam (UBE) and what this might mean for Thomas's Second-Chance Law Firm! In our main segment, we talk to election law expert Beth Kingsley on the "Trump Dossier" and the role played by the Hillary Clinton campaign and the DNC.  Is it time to "Lock Her Up?" After that, we examine the recent Senate vote against the Consumer Financial Protection Bureau's rule regarding class action lawsuits.  What does it mean, and did Andrew contradict himself with his earlier support for arbitration?  Listen and find out! Finally, we end with a new Thomas Takes the Bar Exam Question #47 about

Today's episode features former NFL punter, social justice advocate, and game designer Chris Kluwe, who sued his former NFL team for wrongful termination after he alleged that they cut him for standing up for marriage equality. Kluwe brings his unique behind-the-scenes knowledge to help us understand Colin Kaepernick's recently-filed grievance against the NFL, and gives us some bold predictions as to what's going to happen next.  Even if you're not a football fan, we think you'll love this conversation. After that, Andrew and Thomas break down a recent story circulating about former FBI Director James Comey and (of course) Hillary Clinton's "damned emails," which we first discussed way back in Episode 13.  (If you haven't listened to that episode, you probably should; it's really good!) Finally, we end with the answer to Thomas Takes the Bar Exam Question #46 as to whether pre-nuptial agreements must be in writing.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you

Today's rapid-response episode begins with an update on the Allergan patent licensing scheme discussed in Episode 107.  What does a federal judge think of this One Weird Trick to avoid certain legal proceedings?  Listen and find out! Next, our main segment looks at Donald Trump's efforts to undermine Obamacare from the Oval Office.  Does this violate the Constitution?  Is there anything we can do about it?  The answer might surprise you! After that, we continue the theme by looking at the two recent injunctions handed down by U.S. District Courts in Hawaii and Maryland regarding the third iteration of President Trump's Travel Ban. Finally, we end with a new Thomas Takes the Bar Exam Question #46 about prenuptial agreements.  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 Appearances Thomas was on Episode 60 of the "Atheists on High" pod

Today's episode is entirely Trump-free, and features a deep dive into the Cruel and Unusual Punishment Clause of the 8th Amendment. We begin, however, with a great listener question from Captain Patrick Dobbins, who wants to know the ins and outs of "international waters."  Ask, and ye shall receive! After that, the guys break down the history of the 8th Amendment's prohibition on "cruel and unusual punishment" -- what does it mean, what kinds of punishments are prohibited, and when did it begin to apply to state prisons?  You WILL be surprised. Then, we tackle with another listener question from Patron Cody Bond, who wants to know more about price discrimination, cake baking, and "Ladies' Night." Finally, we end with the answer to Thomas (& Andrew) Take the Bar Exam Question #45 regarding licenses for massage parlors.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  Have us on your show! Show Notes &am

Today's rapid-response episode begins with a discussion of a recent petition to the Supreme Court for certiorari filed in Evans v. Georgia Regional Hospital, and in particular, an amicus curiae brief submitted by 76 employers.  How does this brief affect the future of gay rights in this country?  Listen and find out! Next, our main segment looks at Donald Trump's recent threat to have the FCC "revoke NBC's license," and rewards you with a deep dive into what the FCC is and what it can and cannot do.  (Hint:  it cannot revoke NBC's "license.")  Remember that we first discussed the FCC's "Common Carrier" regulatory authority back in Episode 64 and Episode 65 in evaluating the history of the net neutrality movement. After that, we answer two related listener questions from patrons John Funk and Secular Ewok about the attorney-client relationship and some crazy situations. Finally, we end with a new Thomas Takes the Bar Exam Question #45 about the Fifth and Fourteenth Amendment in the context of a business lice

Today's episode marks the triumphant return of attorney Andrew Seidel of the Freedom From Religion Foundation to the show! We begin with an "Andrew Was Wrong" segment in which patron Kristen Hansen discusses how better to evaluate charities than the simple overhead metric the guys used in Episode 102. After that, Andrew Seidel joins us for two segments.  First, the two Andrews discuss separation of church and state, including their recent disagreement as to whether FEMA funds will be spent rebuilding churches damaged by the recent hurricanes, as well as a return foray into gay wedding cakes discussed in Episode 105. Then, Andrew Seidel updates us regarding two recent victories by the FFRF. Finally, we end with the answer to Thomas (& Andrew) Take the Bar Exam Question #44 regarding witness testimony.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  Have us on your show! Show Notes & Links If you li

Today's rapid-response episode begins with a discussion of the tragedy in Las Vegas and whether we can do anything about it.  Before you dig in, you might want to take a refresher on our two-part masterclass on the Second Amendment in Episode 21 (Part 1) and Episode 26 (Part 2). Then, we take our first of two separate trips to Yodel Mountain with the recent revelation that the Trump DOJ disregarded decades of advice before issuing an opinion memo that authorized the (blatantly illegal) hiring of Jared Kushner.  Is this really a Hillary Clinton story?  Listen and find out! After that, we trek back up Yodel Mountain with the breaking news that the New York Attorney General's office was about to indict Donald Trump, Jr. and Ivanka Trump in 2012... until the AG received a visit (and a bag of money!) from Donald Trump's lawyer, Marc Kasowitz. Finally, we end with a new Thomas Takes the Bar Exam Question #44 about hearsay... and Thomas is joined by next week's guest, Andrew Seidel of the Freedom From Religion Found