Opening Arguments

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

In this emotional episode, Thomas and Andrew begin by discussing the recent school shooting at Marjory Stoneman Douglas HS in Parkland, Florida. After that, the guys break down the recent settlement between Waymo (the Google-backed automotive company) and Uber regarding allegations of stolen trade secrets in the nascent self-driving car industry. Then, Andrew updates us on the state of gerrymandering litigation in Pennsylvania and before the Supreme Court. Finally, we end with an all-new Thomas Takes the Bar Exam #63 about hearsay.  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 just a guest on Episode 6 of the Wayward Willis Podcast -- give it a listen! Show Notes & Links We discussed a modest proposal for gun control in Episode 110., and the 1994 Omnibus Crime Bill in Episode 95. Andrew quoted from this CNN

Today's episode features a full-length interview with the co-founder of The Satanic Temple, Lucien Greaves.   This episode is part of a two-part crossover with Episode 119 of Serious Inquiries Only.  In this episode, we talk about TST's lawsuit challenging Missouri's abortion law and other issues at the forefront of church-state separation. After that, we end with the answer to Thomas (and Lucien!) Take the Bar Exam Question #62, a fiendishly difficult question about the Statute of Frauds.  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.  Have us on your show! Show Notes & Links Don't forget to check out Episode 119 of Serious Inquiries Only featuring Jex Blackmore! We first discussed TST's lawsuit challenging the Missouri abortion law way back in Episode 7 and Episode 8!  You can follow the link to the January 23, 2018 oral arguments in Doe v. Greitens by clicking here. Doe's brief can be found here, an

In this "lightning round" episode, Andrew tackles more than the typical three stories we cover on the show.  How much more??  Listen and find out! Potential topics include:  the budget showdown and sequestration, the recent Supreme Court rulings on gerrymandering, the Nunes memo, the Federal Reserve, stock market, and Wells Fargo fraud, and ... possibly even more?? Finally, we end with an all-new Thomas (and Lucien!) Take the Bar Exam #62 involving the statute of frauds.  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 You can read all 652 pages of the proposed budget deal here. The Pennsylvania redistricting case is League of Women Voters v. Pennsylvania, 159 MM 2017. We discussed the North Carolina gerrymandering decision in Episode 138; the Supreme Court's brief order st

Today's episode features a full-length interview with former naturopath turned whistleblower Britt Marie Hermes.  We talk about her amazing career and the recent defamation lawsuit filed against her under German law. After that, we answer a question from Very Special Listener Lydia S. about a viral tweet suggesting that Native Americans grant honorary citizenship to DACA enrolees. And, as always, we end with the answer to Thomas Takes the Bar Exam Question #61, the end of our three-part Dungeons & Dragons question about ogres, assault, trespass,  electrical storms, and deadly arrows.  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.  Have us on your show! Show Notes & Links Here's a link to the German defamation law, which begins at section 185. You should check out Britt Hermes's excellent blog, Naturopathic Diaries. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook

If you want football-themed Opening Arguments, check out Episode 57 and Episode 58, which tell the tale of how one Donald J. Trump destroyed the USFL.  Everyone else can enjoy today's sports-free episode, which begins with a discussion of California SB 183 and so-called "sanctuary cities" in light of the State of the Union. In the main segment, Andrew and Thomas break down news about a proposed Department of Labor rule regarding the "tip credit." After that, the guys discuss yesterday's landmark opinion holding the Consumer Financial Protection Bureau constitutional. Finally, we end with our third Dungeons & Dragons-themed Thomas Takes the Bar Exam (Question #61) involving lightning, wildfires, an experienced woodsman, and possible assault by an errant crossbow bolt.  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! 

Today's episode features a deep dive into two recently-filed lawsuits on behalf of same-sex couples where the government literally wants to break up their families.  And don't forget to tune in for our LIVE Q&A this Wednesday, 1/31, at 7 pm EST / 4 pm Pacific. First, though we return to the wild and wacky world of sovereign citizens by examining a recent bill introduced in the New Hampshire state legislature.  Does it really threaten cities in New Hampshire with a $10,000 fine if they don't subscribe to sovereign citizen nonsense?  Listen and find out! In the main segment, we cover the Blixt and Dvash-Banks lawsuits.  Did INS really make a determination that one twin is a U.S. citizen and the other isn't?  The answer (yes) probably won't surprise you. After that, we answer a listener question about whether the Supreme Court is as political as it seems. And, as always, we end with the answer to Thomas Takes the Bar Exam Question #60 about trespass, signs, electrical storms, and deadly arrows.  Don't forget

Today's episode features a deep dive into our nation's opioid crisis. First, the guys take a look at a recent bad court thingy filed by Paul Manafort's lawyers in connection with his criminal prosecution.  What does it mean?  Listen and find out! In the main segment, Andrew and Thomas break down the just-released Senate Subcommittee Report on illegal opioid use in this country and discuss how an obscure 1874 treaty organization affects international drug trafficking.  You won't want to miss it! After the main segment, Andrew answers a question from one of our youngest listeners, high school sophmore Brian about a recent free speech case at the University of Alabama.  You may be surprised at the answer! Finally, we end with our second of three Middle Earth-themed Thomas Takes the Bar Exam (Question #60) involving lightning, wildfires, an experienced woodsman, and an errant crossbow bolt.  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 features a full-length interview with Tony DiFatta, accountant to the podcasting stars.  He answers your questions about the 2017 omnibus tax bill that were posted in this Patreon thread. First, though, we take a look at whether Stormy Daniels can be silenced (or sued) because of the NDA she presumably signed with the Trump organization. After a deep dive into the new tax bill, we we end with the answer to Thomas Takes the Bar Exam Question #59 about trespass, signs, electrical storms, and deadly arrows.  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.  Have us on your show! Show Notes & Links We first discussed Trump's NDA in Episode 137; you can read the letter quoting the NDA here. Click here to find out more about Tony D. 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 Dir

Today's episode features a deep dive in the latest legal news surrounding the DACA program. First, the guys tackle a listener question regarding the difference between the James Damore case against Google and Colin Kaepernick's grievance against the NFL.  Are the two cases similar? After the main segment, Andrew walks us through a case that was just argued before the Supreme Court, McCoy v. Louisiana, in which a lawyer conceded his client's guilt during a capital murder trial over the client's objections. Finally, we end with an all-new Game of Thrones-themed Thomas Takes the Bar Exam (Question #59) involving lightning, wildfires, an experienced woodsman, and an errant crossbow bolt.  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 This Week In News With Kevin and Benedict, talking felon voting rights; giv

Today's episode features a full-length interview with the one and only Cara Santa Maria! First, though, we pore through the Fusion GPS testimony that was leaked by Sen. Dianne Feinstein and we look at a companion defamation lawsuit filed by one of Trump's lawyers, Michael Cohen, against Fusion GPS founder Glenn Simpson.  Click here to read the Cohen Complaint.  Andrew also sneakily uses this as an excuse to teach us all about federal motions to dismiss and the Iqbal and Twombly cases. Next, we talk to Cara, who talks skepticism, the law, and science education with us. Finally, we end with the answer to Thomas and CaraTake the Bar Exam Question #58 about breach of contract for the hottest tech gadget of 1987, the Walk-n-Talkman.  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 just a guest on Episode 111 of Serious Inquiries Only, discussing the James Damore lawsuit against Google, as well as This Week In

Today's episode tackles a number of breaking legal issues. First, the guys break down the recent memorandum by Attorney General Jeff Sessions on marijuana.  What does this mean for the average recreational user in a state where pot is legal, like California?  Listen and find out! Next, Andrew walks us through the recent decision by a three-judge panel in North Carolina invalidating that state's electoral districts. After that, the guys tackle a question from listener Jeremy Feldman about Net Neutrality and the Congressional Review Act. Finally, we end with an all-new Thomas (and Cara Santa Maria!) Take the Bar Exam Question #58 about the hottest new gadget, the Mitsubishi Walk-and-Talkman!  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 This Week In News With Kevin and Benedict, talking felon voting right