Opening Arguments

Today's show discusses: A)  The Jones Act and Puerto Rico; B)  The GOP's tax plan; and C)  Oral arguments in the Zarda v. Altitude Express case we discussed back in Episode 91. 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 Direct Download

Today's episode hits on some timely news stories, including Trump's latest kerfuffle with the NFL. In the pre-show, we talk a little bit about the Graham-Cassidy Bill, which is hopefully defunct by the time you hear this.  But can Trump save it via Executive Order?  (No.) Then, we return for a lengthy "Andrews Were Wrong!" segment in which we issue a correction from Episode 107, explain the difference between Ronnie Lott and Leon Lett, and also tackle friend of the show Andrew Seidel's recent article regarding whether churches will likely receive FEMA relief in the wake of the Trinity Lutheran decision. In the main segment, Andrew looks at the Supreme Court's recent order in Tharpe v. Warden and explains the significance in light of our prior discussion of jury deliberations. Before you listen to "Yodel Mountain," you'll want to go back and listen to Episode 57 and Episode 58, in which we go into detail on Donald Trump's rocky relationship with the NFL.  Then, we answer whether Donald Trump violated federa

Today's super-sized show -- at long last! --  discusses season 1 of the Serial podcast.  Even if you haven't heard Serial, we think you'll enjoy this application of the principles of reasonable doubt. We begin with a discussion of the recent settlement between Evergreen College and Bret Weinstein.  Why does Andrew say this means the college valued Weinstein's alleged $3.8 million lawsuit at zero? In the main segment, Andrew goes through some of the issues behind the Serial and Undisclosed podcasts related to the Adnan Syed case. Next, Andrew does a mini-deep dive on patent law by looking at a strange recent deal between Allergan and the Saint Regis Mohawk Tribe.  What in the world do these two entities have in common? Listen and find out! Finally, we end with the answer to Thomas Take the Bar Exam Question #42 regarding authentication of evidence.  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

In this episode, we discuss a number of political stories making the rounds. First, "Yodel Mountain" returns with a look at the recent CNN story showing that the FBI obtained a FISA court warrant for Paul Manafort.  Does this mean Trump's complaints about Obama "wiretapping" his campaign are true?  Listen and find out! In the main segment, Andrew walks us through the recent ruling dismissing out the class action claims against the Democratic National Committee ostensibly by Bernie Sanders supporters.  Find out what's really going on! Next, we answer a listener question from Patrick Hager about whether Congress can really overrule the Supreme Court.  Learn civics with us! Finally, we end with a new Thomas Takes the Bar Exam Question #42 about whether an expert witness can authenticate crucial pieces of evidence.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearance

Today's show discusses everyone's favorite non-issue:  whether bigots who bake cakes for a living can discriminate against gays. We begin with a lightning round of questions taken from the Opening Arguments Facebook Community, which you should definitely join! In the main segment, we break down Masterpiece Cakeshop v. Colorado Civil Rights Commission, which is currently pending before the U.S. Supreme Court. Next, we explain the recent pronouncement by Donald Trump regarding enforcement of the Magnitsky Act.  Are we scaling Yodel Mountain?  Listen and find out! Finally, we end with the answer to Thomas Take the Bar Exam Question #41 regarding direct and circumstantial evidence in the context of a murder investigation and a shoeprint left at the scene.  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 Here is where you can find the recently-created Opening Argumen

Our jam-packed "breaking news" episode covers some of the biggest stories trending at the moment, including the Equifax breach. First, Closed Arguments returns by tackling a proposal from friend of the show Eli Bosnick, who asks -- in light of Trump's repeal of DACA -- whether we can't just marry off the 800,000 program participants.  We can't; listen and find out why. In the main segment, Andrew walks us through the Equifax data breach, the pending class-action lawsuits, and all of the key legal issues.  He even weighs in on the "chat bot" that some are saying will file your suit for  you! Next, Breakin' Down the Law continues with everything you wanted to know about the Supreme Court's recent gerrymandering decision. Finally, we end with a new (and possibly too-easy!) Thomas Takes the Bar Exam Question #41 about the admissibility of footprint and shoe evidence.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's epi

Today's show discusses the Trump budget, scientist Kevin Folta's defamation lawsuit, and the recent debt ceiling deal struck between Trump and Democrats. In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the Red Cross and/or Habitat for Humanity's hurricane relief efforts.  If you do, please post your receipt on Facebook for a chance to win an Opening Arguments t-shirt. We begin with a great question from British listener David Cartwright about the Trump presidency -- and the answer will surprise you! In the main segment, the guys break down Kevin Folta's defamation lawsuit in which he alleges that the New York Times defamed him by publishing a "hit piece" implying that he's in the pocket of Monsanto. Next, we explain the practical and political ramifications of the debt ceiling agreement. Finally, we end with the answer to Thomas Take the Bar Exam Question #40 regarding jury instructions and the presumption of intent.  Don't forget to following our Twitter fee

This week's "breaking news" episode covers three of the biggest stories trending at the moment:  the Utah nurse who was arrested for standing up for her patient's rights; Trump's repeal of DACA; and churches suing for relief funds. In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the Red Cross and/or Habitat for Humanity's hurricane relief efforts. We begin with the story behind the arrest of Alex Wubbels, the Utah nurse who refused to take and turn over her patient's blood to the police. In the main segment, Andrew walks us through President Trump's directive to end the Deferred Action for Childhood Arrivals (DACA) program.  Does Andrew actually agree with a legal opinion authored by Jefferson Beauregard Sessions III??  Listen and find out! Next, Breakin' Down the Law continues with everything you wanted to know about churches suing for funds allocated to disaster relief and recovery.  Is the Friendly Atheist right when he says such a case is legally distinct

Today's show discusses the free speech issues surrounding the Trump administration issuing a search warrant to DreamHost in connection with its hosting of a website critical of the Trump administration. We begin, however, with the triumphant return of "CLOSED ARGUMENTS" -- this time, examining a truly insane claim being made by Ron Paul supporters and other nutballs who think that the Washington Metro Safety Commission overturns the Fourth Amendment.  (It doesn't.) In the main segment, we delve into all the intricacies of the DreamHost search warrant and what it means for us as internet users. Next, the guys tackle a "hypothetical" question about conspiracy that just might take place on Yodel Mountain. Finally, we end with the answer to Thomas Take the Bar Exam Question #39 regarding hearsay 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 The text of

This week's "breaking news" episode covers two of the biggest Trump stories right now:  the ban on trans soldiers in the military, and the President's pardon of Sheriff Joe Arpaio. First, though, we begin with the seldom-necessary "Andrew Was Wrong" segment.  The less said about this, the better. In the main segment, Andrew walks us through President Trump's directive to the Departments of Defense and Homeland Security regarding transgender servicemembers, as well as the lawsuit filed by the ACLU challenging the directive. Next, Breakin' Down the Law continues with everything you wanted to know about the Joe Arpaio pardon.  Is it legal?  Does it make him civilly liable?  Does it erase his prior convictions?  Can he now be forced to testify?  Listen and find out. Finally, we end with an all-new Thomas Takes the Bar Exam Question #39 about the admissibility of a criminal defendant's prior statement.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll rele

Today's show is an hour-plus-long question & answer session answers some (but not all!) of the 110 questions our Patrons submitted on this thread.  As always, Andrew has no advance knowledge of these questions and answers everything off the cuff! After the Q&A, we end with the answer to Thomas Take the Bar Exam Question #38 regarding the admissibility of prior consistent statements.  And don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! 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  

If you or anyone you know has ever cared what color the fringe on the U.S. flag is, you will not want to miss this episode.  Yes, by popular request, we once again tackle the wild and wacky world of sovereign citizen loons! First, though, the guys read a listener comment from Tony Wall who actually toured with KISS (!!) and can give us some insight as to Gene Simmons's copyright practices. In the main segment, Andrew walks through Gray v. Texas, a 2009 decision of the Texas Court of Appeals that delightfully debunks a great many "sovereign citizen" claims. Next, the guys answer a question from Revan, who wants to know whether criminal and civil cases wind up in the same courtroom or even in front of the same judge. Finally, we end with an all-new Thomas Takes the Bar Exam Question #38 about the admissibility of prior consistent statements by a witness.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along

Today's show deals with a number of issues that all surround what your employer can (and cannot) fire you for. First, we begin by revisiting the "Google manifesto" topic from Opening Arguments Episode #94 as Thomas and Andrew respond to some hate mail from a listener who no longer wants to listen to the show after that episode.  Does he have a point?  Listen and find out. Next, the guys break down whether employees can discuss their salaries with co-workers on the job. After that, Andrew and Thomas answer a question from Patron April who wants to know how much an employer can control your social media use. Finally, we end with the answer to Thomas Take the Bar Exam Question #37 regarding installment contracts.  And don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances None.  Have us on your show! Show Notes & Links We first discussed the "Goog

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA. First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start time, illustrating the principles of time, place, and manner restrictions. During the main segment, Andrew breaks down the law of hate speech and also explains the charges filed against the individual who drove his car into the protestors. After that, Andrew answers another listener question, this one regarding Texas A&M's decision to cancel a "White Lives Matter" rally in light of the tragedy in Charlottesville. Finally, we end with an all-new Thomas Takes the Bar Exam Question #37 about the failure to timely pay on an installment contract.  Remember that you can play along with #TTTBE by retweeting our episode Tweet 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

Today's show is a companion to Episode 67 of Serious Inquiries Only regarding the Violent Crime Control and Law Enforcement Act of 1994. We begin, however, with a question about progressivity and fines from listener Noah Lugeons. In the main segment, Andrew tells the story of how Michael Dukakis, Slayer, and race-baiting by Newt Gingrich led to the worst aspects of the omnibus crime bill. Next, the guys cover perhaps their most anticipated "Breakin' Down the Law" ever:  defending Milo Yiannopoulos, along with the ACLU. Finally, we end with the answer to Thomas Take the Bar Exam Question #36 regarding defamation.  And don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances Andrew was a guest on Episode #15 of the Right to Reason podcast, arguing politics and whether your vote can be a message. Show Notes & Links You should be listening to Seriou

In today's episode, we interview Geoffrey Blackwell from the American Atheists Legal Center. First, the guys break down the recent lawsuit filed by two LGBTQ advocacy organizations challenging President Trump's tweets regarding transgender service in the military. During the main segment, we ask Geoff what the AALC does, what kinds of cases are on his plate, and whether Trinity Lutheran v. Comer is as bad as we think it is. After that, Andrew answers a question from listener Thomas S. regarding Google's firing of an employee who wrote a bizarre, 10-page anti-woman manifesto. Finally, we end with an all-new Thomas Takes the Bar Exam Question #36 about defamation.  Remember that you can play along with #TTTBE by retweeting our episode Tweet 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 Give Geoff's podcast, All Too Common Law, a listen! Here is a link to the Doe v. Trump lawsuit fi

Today's show is a deep dive into the current Constitutional status of affirmative action in higher education. We begin, however, with a question about Donald Trump from conservative listener Sage Scott.  Is it really a big deal to just listen to the Russians?  Couldn't you just pay them if their stuff turns out to be useful?  No.  The answer is no. In the main segment, the guys outline the current state of the law of affirmative action in higher education as set forth in Fisher v. University of Texas-Austin, 136 S.Ct. 1398 (2016) ("Fisher II"), and what that means in light of the Trump Administration's recent comments that it plans to focus DOJ resources on challenging college admission programs that (supposedly) disadvantage white people. Next, in a follow-up to the John Oliver defamation lawsuit we discussed in Episode 84, "Closed Arguments" returns with a dissection of the best legal brief ever written, an amicus curiae brief filed by Jamie Lynn Crofts of the ACLU of West Virginia in support of Oliver.  

In today's episode, Andrew reluctantly -- but definitively -- opines that the Second Circuit got the law right in dismissing out the claims of Davino Watson, who argued that he was falsely imprisoned by the U.S. government for 3 1/2 years. In the pre-show segment, Andrew briefly introduces new FBI Director Christopher Wray as a good nominee by Donald Trump. After that, the guys tackle a follow-up question to Episode #91; namely, isn't "sexual orientation" already a protected class?  Doesn't the law just prohibit discrimination in general?  (No.) In our main segment, Andrew explains why statutes of limitation are necessary and why the Second Circuit got it right in dismissing out Watson's false imprisonment claim even though the circumstances are awful. Next, the guys break down Rod Wheeler's defamation lawsuit against Fox News.  Why is this part of Yodel Mountain?  Listen and find out! Finally, we end with an all-new (and fiendishly hard!) Thomas Takes the Bar Exam Question #35 about a hospital's duty to thir

For today's show, we revisit the topic first discussed in Opening Arguments Episode #60, namely, whether Title VII of the Civil Rights Act of 1964's prohibition of discrimination on the basis of "sex" implicitly extends to prohibiting discrimination on the basis of "sexual orientation" as well. First, however, fan favorite "Breakin' Down the Law" returns with an explanation of civil and criminal asset forfeiture and a new policy announced by Attorney General (for now) Jeff Sessions. In the main segment, we contrast the amicus brief filed by the U.S. Department of Justice in Zarda v. Altitude Express with the 7th Circuit's opinion in Hively v. Ivy Tech Community College of Indiana.  Find out why your government just submitted a brief arguing that employers have the right to hang a sign that says "no homosexuals need apply." After that, Patron Jordan Keith explains a bit more about the TOR browser as a follow-up to Opening Arguments Episode #88's discussion of U.S. v. Matish. Finally, we end with the answer to

In today's episode, Andrew definitively opines that the Presidential pardon power includes the right to self-pardon. We begin, however, with "Andrew Was Wrong."  This time, he was wrong about Thor Heyerdahl, but right about the fate of Ken Ham's Ark Encounter. In our main segment, the guys analyze the recent claims by Laurence Tribe, Richard Painter, and Norm Eisen that Donald Trump does not have the power to pardon himself and find it less than persuasive. Next, Andrew briefly discusses the legality of Trump's tweet regarding transgender individuals serving in the military. Finally, we end with an all-new Thomas Takes the Bar Exam Question #34 about introducing a rape victim's sexual history into evidence.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew's talk before the Lehigh Valley Humanists is now up on YouTube. Show Notes & Links We first