Opening Arguments

SPECIAL CHRISTMAS GIFT! This is normally for Patrons only, but we wanted to gift our non-patronizing listeners a gift and a sample of what they might be missing over at patreon.com/law!! Behold the majesty of what you are about to receive.  This is, hands down,  the worst legal movie ever made.  From the opening credits to the cheesy ending voice-over, literally everything this movie has to say about the law is completely and utterly wrong. Yes, for our first Patreon movie reward, we suffered through all 2 hours and 34 minutes of The Firm (1993), which chronicles the amazing journey of Mitch McDeere (Tom Cruise), an I'm-no-idealist Harvard Law grad who refuses to break some imaginary law he thinks exists regarding attorney-client privilege, but has no problems with extortion, illegal wiretapping, fraud, and kicking a 92-year-old man to death. Come for the crazy legal subplot that can be solved in two seconds!  Stay for the crazy second legal subplot that gets introduced for the first time right after most mov

It's a two-episode week!  In this week's Wednesday episode, we are joined by Tom & Cecil of the Cognitive Dissonance podcast for a discussion about freedom of speech and whether online platforms such as Facebook and Twitter ought to be considered "public spaces." We begin with some announcements about the schedule, including Thomas Takes the Bar Exam, which will remain a weekly feature once we move to our twice-per-week format in January.  So no new question today, but you will have a few extra days to answer TTTBE #3. Then we take a look at the new Texas law requiring funereal services for aborted embryos and miscarriages, and Thomas takes a shot at analyzing the issue.  Is all his hard work studying for the Bar Exam paying off?  Listen and find out! Finally, the show concludes with a discussion of the 1994 McDonalds "Hot Coffee" lawsuit, Liebeck v. McDonald's Restaurants, as an example of legal myths gone awry.  What exactly happened in that case, and what does it say about whether we should have caps o

In this week’s episode, we conclude our discussion of Planned Parenthood v. Casey, 505 U.S. 833 (1992), and how the “undue burden” test the Supreme Court developed in that case continues to govern laws protecting (and restricting) abortion today. However, we begin with the moment you’ve all been waiting for:  the answer to Thomas Takes … Continue reading OA28: Abortion and Planned Parenthood v. Casey, Part 2 → The post OA28: Abortion and Planned Parenthood v. Casey, Part 2 appeared first on Opening Arguments.

In this week’s episode, we return to the subject of abortion and pick up with a cliffhanger from way back in episode #11, where Thomas was asked how he would have handled what became the Supreme Court case of Planned Parenthood v. Casey, 505 U.S. 833 (1992).  We talk about that landmark decision, how it changed the … Continue reading OA27: Abortion and Planned Parenthood v. Casey, Part 1 → The post OA27: Abortion and Planned Parenthood v. Casey, Part 1 appeared first on Opening Arguments.

This week’s super-sized episode is literally jam-packed with five all-new segments for our listeners; six if you haven’t heard both parts of the Second Amendment Masterclass already.  And make sure you stay tuned all the way to the end for our exciting new segment! First, you get an all-new introduction with new quotes, many of which were … Continue reading OA26: Second Amendment Masterclass, Part 2 → The post OA26: Second Amendment Masterclass, Part 2 appeared first on Opening Arguments.

In this week’s episode, we discuss the recent efforts by Jill Stein and the Green Party to raise funds for Presidential recounts in Wisconsin, Pennsylvania, and Michigan.  Should you rush out and open your wallets to help raise funds for the Green Party? “Breakin’ Down the Law” returns with a discussion on court structure.  If … Continue reading OA25: Could Jill Stein Decide the Presidency? (No.) → The post OA25: Could Jill Stein Decide the Presidency? (No.) appeared first on Opening Arguments.

In part two of this two-part episode, we continue to address every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can recess appoint Merrick Garland to the Supreme Court, about the future of the ACA, or … Continue reading OA24: Trump Presidency Legal Q and A, Part 2 → The post OA24: Trump Presidency Legal Q and A, Part 2 appeared first on Opening Arguments.

In part one of this two-part episode, we tackle every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can recess appoint Merrick Garland to the Supreme Court, about the future of the ACA, or what Trump’s … Continue reading OA23: Trump Presidency Legal Q and A, Part 1 → The post OA23: Trump Presidency Legal Q and A, Part 1 appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we tackle the legal and philosophical issues underlying libertarianism.  We take on such issues as :  what is “property,” why is it a right, and is it cognizable as a side-constraint against government action?   At the end of the day, … Continue reading OA22: Libertarianism is Bad and You Should Feel Bad → The post OA22: Libertarianism is Bad and You Should Feel Bad appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs By listener request, we are bringing you this special “deep dive” episode into the history and jurisprudence underlying the Second Amendment.  This episode was originally broadcast on Atheistically Speaking earlier in 2016. Just in time for the election, we tackle a thorny political issue: … Continue reading OA21: Second Amendment Masterclass, Part 1 → The post OA21: Second Amendment Masterclass, Part 1 appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this special episode, we look at breaking news:  the jury verdict in United States v. Ammon Bundy et al., a federal case brought in the United States District Court for the District of Oregon as a result of the armed takeover of the Malheur National … Continue reading OA20: What Happened With Ammon Bundy? SPECIAL EDITION → The post OA20: What Happened With Ammon Bundy? SPECIAL EDITION appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we look at some of the interesting details surrounding the intentional release of classified materials by Edward Snowden.  In particular, we looked at the legacy of Snowden’s leaks,  how they played out in the Second Circuit’s decision in ACLU v. Clapper, 785 F.3d … Continue reading OA19: Should Edward Snowden Be Pardoned? → The post OA19: Should Edward Snowden Be Pardoned? appeared first on Opening Arguments.

In this week’s super-sized episode, we conclude our three-part role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we went through the State of Missouri Department of Natural Resources’s response brief.  This week, we look at the … Continue reading OA18: You Be The Supreme Court, Part 3 → The post OA18: You Be The Supreme Court, Part 3 appeared first on Opening Arguments.

  In this week’s episode, we return to our little role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we went through the Petitioner’s brief seeking to overturn the lower court’s decision to deny Trinity Lutheran Church the … Continue reading OA17: You Be The Supreme Court, Part 2 → The post OA17: You Be The Supreme Court, Part 2 appeared first on Opening Arguments.

In this week’s bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be.  You don’t want to miss this episode! In our opening segment, we bring back a classic “Breakin’ (Down) the Law” by … Continue reading OA16: Dump Trump? → The post OA16: Dump Trump? appeared first on Opening Arguments.

In this week’s episode, we tackle a breaking legal issue:  is Andrew’s old law school buddy Ted Cruz correct that the U.S. government just “gave away the Internet?”  (Hint:  Ted Cruz is never right about anything.)  We walk you through everything you could possibly want to know about #savetheinternet. (If you’re looking for Part 2 … Continue reading OA15: #SaveTheInternet → The post OA15: #SaveTheInternet appeared first on Opening Arguments.

In this episode, we try something a little bit different.  Instead of simply analyzing a case, we let you play the role of Supreme Court Justice working your way through a difficult case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley. You’ll learn what kind of cases make their … Continue reading OA14: You Be The Supreme Court, Part 1 → The post OA14: You Be The Supreme Court, Part 1 appeared first on Opening Arguments.

In this episode, we delve — at long last, and just in time for the first Presidential debate — into the question of Democratic Presidential candidate Hillary Clinton’s use of a private email server during her tenure as Secretary of State. In particular, we answer the question:  “did Hillary Clinton receive preferential treatment” when the … Continue reading OA13: Hillary Clinton’s Damned Emails! → The post OA13: Hillary Clinton’s Damned Emails! appeared first on Opening Arguments.

In this episode, we delve into the wacky world of tax protesters and “sovereign citizens,” people who believe that the legal world is a magical place filled with secret code words that, if invoked properly, can force the Illuminati-run courts to admit you into the secret chamber where nobody has to pay their taxes or … Continue reading OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness → The post OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness appeared first on Opening Arguments.

In this week’s hour-length episode, we finally conclude our three-part discussion of abortion and defending the jurisprudence behind the Supreme Court’s 1973 opinion in Roe v. Wade… only to leave you with another cliffhanger and a topic for a future show.  (Bingo!) Also, given our Patreon support, we’ll now be answering a viewer question every episode!  In … Continue reading OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 → The post OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 appeared first on Opening Arguments.