Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith and lawyer Matt Cameron help you understand not only current events, but also deeper legal concepts and areas! The schedule is M-W-F, with the main show on Monday and Friday and Vapid Response on Wednesday!
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OA381: The Legal Eagle Interview!
Today's episode... was supposed to have two bookend segments and legal analysis, but we wound up having so much fun talking to Devin Stone, the Legal Eagle himself about nontraditional careers in the law, Tiger King and Better Call Saul, and so much more! After that, it's time for the answer to the first Thomas and Devin Take The Bar Exam in which it was literally Hammer Time for two friends watching football. Did Thomas and Devin get it right or wrong? Listen and find out! Patreon Bonuses Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don't forget that we've released Law'd Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast! Appearances Andrew was just a guest on Episode 121 of the Skepticrat, talking crazy legal stories in the news, and Episode 375 of the Scathing Atheist, breaking down the latest legal nonsense from Kansas. And if you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Don't forget to check out the Legal Eagle YouTube channel. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA380: This Week at the Supreme Court
Today's episode breaks down two significant Supreme Court decisions released this week, including Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts). We break down each one and explain the short- and long-term implications. First, though, it's time for a bit of Andrew Was Right and Andrew Was Wrong. The good news: Texas has changed its Executive Order formerly prohibiting abortions and has now affirmed in open court that it will not use the COVID-19 pandemic as pretext for denying reproductive health rights! Best of all, this is exactly the result we've been telling you would happen over the past few weeks -- even though it took us a bit to get there. But also Andrew Was Wrong? Yeah, Andrew also has a correction to issue regarding lifetime judicial appointments in Episode 378. Then, it's time for the main segment in which we break down the Supreme Court's completely predicable -- and utterly unjustifiable -- 5-4 decision in Barton v. Barr to restrict the remedies available to legal aliens to challenge removal decisions. Find out why Neil Gorsuch openly admits that the interpretation he votes for makes no sense, textually. (Hint: it's because these justices don't care about jurisprudence, just about outcomes.) After that, we tackle a second key Supreme Court decision that came out this week, Ramos v. Louisiana, in which the Court ruled that the Sixth Amendment right to a unanimous jury was incorporated to the states. Find out why this case presents a "stare decisis trap" for the Court's liberal justices and how that explains this unique 6-3 alignment with Roberts, Alito, and Sotomayor in dissent (!) Then, of course, it's time for an all-new Thomas (and Devin) Take the Bar Exam, in which we preview next week's special guest and they try and break down a criminal question about football. You won't want to miss it! Patreon Bonuses Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don't forget that we've released Law'd Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast! Appearances Andrew was just a guest on Episode 375 of the Scathing Atheist, breaking down the latest legal nonsense from Kansas. And if you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links For a sneak peek at next week's guest, check out the Legal Eagle YouTube channel. Click here to read the Court's decisions in Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts). In the A segment, we discuss the hilariously-secretive announcement of GA-15, the text of GA-15 itself, and quote extensively from the reply brief filed by Texas in Judge Yeakel's court (W.D. Tex.). Our previous immigration discussions were in Episodes 301 and 314. We talked about how subsection d(1)(B) was buried on page 596 of the 750-page Omnibus Consolidated Appropriations Act of 1997, and also broke down the text of both 8 U.S.C. § 1229b and 8 U.S.C. § 1282. Finally, please read this amazing piece by Linda Greenhouse in the New York Times analyzing the Court's decision in Ramos v. Louisiana. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA379: Trump's Contempt for the Press & Husch Blackwell
Today's episode features a deep dive on a completely frivolous lawsuit filed by Donald Trump against a Wisconsin TV station for simply airing an ad created by Priorities USA that... uses a pastiche of Trump's own words talking about COVID-19. Learn why Trump (and his corrupt lawyers at Husch Blackwell) are transparently trying to silence any public criticism of this President. First, we begin with an update on the various emoluments clause cases and we learn a) the status of all three cases and b) why none are likely to be decided before the next Presidential election. Then, it's time for that deep dive into Trump for President, Inc. v. Northland Television d/b/a WJFW-NBC, a nonsense lawsuit designed to intimidate a local TV station for airing a garden-variety attack ad against Trump's handling of COVID-19. After that, it's time to decipher whether Trump can actually de-fund the World Health Organization (WHO), as he's threatened. (Hint: no.) Then, of course, it's time for the answer to a thrilling #T3BE involving breach of contract by a beloved aunt and her niece over the ownership of a business, the transfer of a lease, and some slow lawyers. Will Thomas's win streak continue? Listen and find out! Patreon Bonuses We just released Law'd Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast! Appearances None! If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Whatever you do, don't share out this anti-Trump ad created by Priorities USA on social media, or you might get sued by Trump via his lawyers at Husch Blackwell. You can read the Trump for President, Inc. v. Northland Television d/b/a WJFW-NBC lawsuit for yourself. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA378: Trump's Stupid Threat to "Adjourn" the Senate (A Primer on Appointments)
Today's episode breaks down the latest threat by Donald Trump to "adjourn" the House and Senate, and explains why a) you shouldn't be scared and b) he's unlikely to do it. This is a stunt designed to distract us from how badly Trump has handled COVID-19; we recognize we're sort of falling for it, so we're bringing you a deep dive on appointments and good news as well! We begin, however, with that good news, including an update on the HUGE VICTORY for the forces of democracy in Wisconsin in the aftermath of the Supreme Court's shameful decision that we discussed in Episode 376. And, to pile on, we talk about good news in all of the abortion cases, even those in Texas! After that, it's time for the main segment breaking down whether Trump can adjourn the House and Senate (probably), whether he will (almost certainly not), and why not (because there's not much to be gained and a ton to risk). Along the way, we'll do a deep dive into NLRB v. Noel Canning, a 2014 Supreme Court decision that constrains Presidential "recess appointments" -- which is what Trump would presumably adjourn the Senate to do. Then it's time for a brand new #T3BE about an aunt who changes her mind about selling her business to her niece. Can she be sued? Listen and find out! And, as always, if you want to play along on social media just share out this episode along with your answer! Appearances None! If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Here's Trump's threat to adjourn Congress. We begin with an analysis of the Senate's rules on advice-and-consent in approving Presidential appointments. You'll want to read NLRB v. Noel Canning, 134 S.Ct. 2550 (2014). Finally, here's the Tweet by Steve Vladeck with which Andrew disagrees. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA377: Trump's Pyramid Schemes and Arbitration (feat. AG!)
Today's episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for "Below the Radar," stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference. We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES Act to the sad and perhaps inevitable ascension of 37-year-old Federalist Society hack Justin Walker, Andrew Was... Something. After that it's time to welcome on AG to discuss a recent ruling requiring the Trump crime syndicate in both their individual and corporate capacities to actually litigate claims rather than shunt them off into arbitration. Andrew and AG break down the significance of last week's ruling, which may have flown... Under The Radar (TM). Then, it's time for the answer to #T3BE 173 involving an auto accident, contributory negligence, and one of our favorite lawyers. Did Thomas and Andrew get it right? Listen and find out! Patreon Bonuses We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don't forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don't forget to listen to the audio from March's LIVE Q&A and Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides! PHEW! Appearances Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links We broke down the CARES Act in Episode 372, and you can check out the final "no offset" provision here, on p. 154. For more on Justin Walker, check out his debate with Andrew on Episode 224 and our breakdown of his lack of qualifications to serve on the federal bench in Episode 289. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA376: Texas, Wisconsin & Washington (feat. Andrew Seidel)
Today's episode updates you on litigation in three states: in Texas, where the 5th Circuit blocked the lower court injunction, allowing the anti-abortion executive order to go into place; in Wisconsin, where the Supreme Court literally killed people; and in Washington, where publicity-seeking idiots have some liberals convinced Fox News is about to file for bankruptcy. We begin in Texas, with an Andrew Was Wrong -- and also, a hidden message of solidarity from the dissent in In re Greg Abbott as to how abortion clinics can stay open despite Executive Order GA-08. You won't want to miss it! Then, we have on Wisconsin citizen Andrew Seidel to break down the Supreme Court's decision forcing people to the polls during an epidemic. Bonus: you can count the number of relevant citations in the majority opinion (0). After that, it's time to check out the Complaint in WASHLITE v. Fox News, which will probably get us sued by litigation-happy buffoons. As you can imagine, we are NOT KIND to this wadded-up diaper full of nonsense. Then, you know it's time for a brand-new #T3BE where Thomas and Andrew S. tackle a civ pro question framed around a car accident. Want to play along? Just share out this episode on social media with #T3BE and we'll pick a winner.... Patreon Bonuses We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don't forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don't forget to listen to the audio from March's LIVE Q&A and Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides! PHEW! Appearances Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Here is the Supreme Court's opinion in connection with the Wisconsin election. Here's the headquarters of WASHLITE - 1826 Berry Street NE, Olympia, Washington, and here are the articles on Arthur West (Seattle Times) and Liz Hallock (Yakima Herald). The binding decision in the Washington courts is Fidelity Mortgage Corporation v. Seattle Times Co., 131 Wn. App. 462 (2005). -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA375: Knowledge Fight!
Today's episode is a fun interview with Dan and Jordan from the Knowledge Fight! podcast, your #1 source for deciphering the otherwise-indecipherable world of Alex Jones. We think you'll enjoy this interview; it's got a little bit of everything -- laughter, tears, and, of course, madness. After the interview, it's time to answer an exciting new #T3BE civ pro question that involves res judicata — a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out! Patreon Bonuses We're still bringing you the Patreon bonuses! You can submit proposed new intro quotes for the show, and you can also participate in the Transformers coloring book challenge! And, if you missed it, don't forget to listen to the audio from March's LIVE Q&A and Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides! PHEW! Appearances Once more, Andrew was a guest on the Daily Beans Podcast, breaking down the week in news. If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links You should really check out the Knowledge Fight! podcast! -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA374: The Light at the End of the Tunnel
Today's episode covers a number of stories that might be bad news for now, but each one, we think there's a reason to be optimistic beneath the surface. We also make sure we're holding Idaho's feet to the fire for the anti-trans bills that state tried to sneak past the radar this week, and we tell you the fate of states that have tried to restrict access to abortion using COVID-19 as pretext. We begin with a survey of the landscape including the states that haven't issued stay-at-home orders. There's an interesting commonality among these states' governors; can you figure it out?? Then, it's time for our main segment which is a deep dive into Idaho HB 509 that attempts to prevent trans people from changing their gender on their birth certificate. The bill is horrible, bigoted, and mean... and yet why are we optimistic? You'll have to listen and find out! After all that, it's time to take a look at the six states that have attempted to restrict access to abortion services during COVID-19 and examine the latest rulings by the Fifth Circuit. Why isn't it as bad as you've heard? We tell you exactly why. We conclude, as always, with a brand-new #T3BE featuring a civ pro question that involves res judicata -- a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out! Patreon Bonuses There's still so much right now! If you're a Patron, you can submit proposed new intro quotes for the show, and you can also listen to the audio from March's LIVE Q&A! Oh, and if you missed it, you can also enjoy Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides! Appearances Andrew was just a guest on the Daily Beans Podcast, talking megapastors flaunting the law. If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links You should read F.V. v. Barron, the Idaho case we discussed at length, as well as the current Idaho rules regarding birth certificate changes. You can also check out the WPATH Standards of Care document. This is the 5th Circuit's order on abortion. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA373: The Happy Show!
Idiotic legal pleadings, sports law, and some news debunking... what could be happier?
OA372: The CARES Act, COVID-19, and Your $1,200 Check
Today's episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 "rebate" checks to taxpayers, and (3) the $500 billion "slush fund" for corporate giveaways. While there's more in this 880-page monstrosity, we break down the key parts for you! We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES! After that it's time for a full breakdown of the main components of the CARES Act, including how much money you'll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner's pocket. You won't want to miss it! After all that, it's time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you're a nonresident alien. Patreon Bonuses There's so much right now! If you're a Patron, you can submit your questions for next Tuesday's LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and you can also enjoy Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides! Appearances Andrew was just a guest on the Daily Beans Podcast, talking President Leahy. If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links On the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause). You can read the final CARES ACT for yourself, all 880 pages of it! Please do fill out IRS Form W-7 if it applies to you. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA371: Your COVID-19 Questions, Continued!
Today's episode is the second half of our double-length episode in which we tackle your questions about the coronavirus and the law. If you haven't listened to Episode 370 (Part 1) first, go check that out! We tackle: The extent of federal and state powers during emergencies, including the National Emergency Act, 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264; And we contrasted that with state powers, such as 2018 Maryland Code, Public Safety Art., Title 14, Article 3. Whether the House of Representatives has to vote in chamber, or whether they can use technology; Whether restrictions on gatherings violate the First Amendment; Whether you can be charged with a crime for spreading coronavirus; And much, much more! No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure! Patreon Bonuses If you're at the $2 level or above, we have an amazing new Law'd Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson! Appearances None! If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links As an overview to states of emergency, we began with Ex parte Milligan (1866). Federal powers: 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264; the federal government has enumerated powers as per the 10th Amendment. Check out the Rules of the House of Representatives. On time, place & manner we cited Ward v. Rock Against Racism, 491 U.S. 781 (1989). -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!
Today's episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr's meddling? We explain that it... probably... isn't. Probably. After that, it's time for the first part of a double-length episode in which we tackle your questions about the coronavirus and the law. First up are all the questions involving elections, including whether and how Trump can suspend or eliminate the election, and what would happen if he did. If you've always wanted Vermont Senator Pat Leahy to be President, well, this is the episode for you! No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure! Patreon Bonuses If you're at the $2 level or above, we have an amazing new Law'd Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson! Appearances None! If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links On Concord Management: you can check out the 2019 Motion alleging that Concord was abusing the discovery process as well as the 3/16/20 motion to dismiss. As an overview to states of emergency, we began with Ex parte Milligan (1866). On primaries: Check out the Ohio Supreme Court's denial of the writ of mandamus to hold the March 16 primary, as well as the lawsuit filed by the Ohio Democratic Party. Oh, and if you want to be depressed, read Nixon v. Herndon, 273 U.S. 536 (1927). Election statutes: 2 U.S.C. §§ 1, 7 ("Time of Election") and 3 U.S.C. §§ 1 et seq. And of course, don't forget Bush v. Gore, 531 U.S. 98 (2000), which we broke down way back in Episodes 3, 4, and 5 of the show! Presidential succession is governed, inter alia, by the 20th Amendment and the Presidential Succession Act, 3 U.S.C. § 19, and the Speaker of the House is required by Art. I, Section 2 of the Constitution and implemented by the House Rules. Pat Leahy as President was first proposed by journalist Ian Millhiser. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA369: Humanist Invocations & LED ZEPPELIN
Today's episode features two deep dives: first, we have an interview with David Williamson of the Central Florida Freethought Community to discuss their successful (!) five-year lawsuit to permit humanist, atheist & non-clergy invocations before the Brevard County council meetings. Find out how this case developed and learn some strategies for successful grass-roots activism even in the age of Trump! We also take one more deep dive into the amazing Spirit/Led Zeppelin lawsuit, this time taking a look at the recent en banc decision by the full 9th Circuit that reverses the earlier panel opinion (and is a win for Led Zep). The 9th Circuit has some interesting things to say about the "inverse ratio" rule that really brings out discussion from the past two weeks (see episodes 365 and 367). We know you'll enjoy it! After that, it's time for the answer to #T3BE 170, which matched Thomas up against the dreaded REAL PROPERTY QUESTION. Can he slay the beast? Listen and find out! Patreon Bonuses If you're a patron at any level, you can ask a coronavirus question to be answered on the next two episodes, and if you're at the $2 level or above, we have an amazing new Law'd Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Appearances None! If you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Check out the Central Florida Freethought Community We first took a "Stairway to the Supreme Court (?)" back in Episode 236 and then did a follow-up in Episode 288. Of course, we also covered Riehl and Rubin's project in Episode 365 ("Every Melody Ever, Part 1") and interviewed Riehl and Rubin themselves in Episode 367. Finally, you can read the recent en banc decision by the full 9th Circuit for yourself. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA368: Your Guide to the Coronavirus, Part 2
Today's episode continues our discussion from Episode 366 on the political, criminal, and civil legal issues surrounding coronavirus and COVID-19 in the United States, including whether the CDC has the authority to waive the fees associated with testing for the virus (they do!) and how this is going to affect civil society (badly). You won't want to miss it -- and you'll be stuck inside your house anyway, so you'll have all the time in the world to listen! We begin, however, with some nuance regarding An Andrew Was Right, the line of Presidential succession, the 12th and 22nd Amendments, and whether Barack Obama can be Joe Biden's Vice-President. Learn that... apparently there's an argument that he could? After that, it's time for the main segment, which covers COVID-19 and the coronavirus, specifically (a) Rep. Katie Porter's amazing cross-examination of the CDC Director and the legal authority; (b) lawsuits against con artists like Jim Bakker and Alex Jones; (c) Congress's response; (d) more on private lawsuits and the specific example of SXSW; and (e) a really interesting question about jury duty and the future of jury trials. After all that, it's time for a dreaded REAL PROPERTY #T3BE. Can you get it right? Just share out this episode on social media, include the hashtag #T3BE, your guess, and your reasons therefor and we will shower the winner with... well, you know. Appearances Andrew was just a guest speaker at Houston OASIS, and we'll be working to bring you the audio of his speech from that event. And if you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links In the "A" segment on Presidential succession, we referenced this law review article from Peabody & Gant. Check out the video of Katie Porter's blistering cross-examination of the CDC Director as well as the text of 42 CFR § 71.30. And, of course, you'll want to listen to our original coverage back in Episode 366. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA367: Interview with the "All the Music" Creators!
Today's episode is a continuation of Part 1, in which we discuss Damien Riehl and Noah Rubin's "All the Music" project and the history and future of music copyright. We've got a special treat for you in that Damien and Noah are both on the show to answer our (tough!) questions. You won't want to miss this fun discussion! We begin, however, with a listener question/comment about attending law school and balancing costs, risks, and budgets that many of our listeners will undoubtedly find timely. Then it's time to bring on Damien Riehl and Noah Rubin for a fascinating deep dive into the mechanics, the law, and the public policy behind their "All the Music" project. Where should our sympathies lie? What changes to copyright law would better benefit music creators? How do Riehl and Rubin see the fundamental issues in music copyright? You won't want to miss this! After the interview, it's time for the answer to #T3BE 169 involving a tainted witness identification and the permissibility of eliciting testimony in court. Can Thomas start a new winning streak?? Listen and find out! Appearances Andrew was just a guest speaker at Houston OASIS, and we'll be working to bring you the audio of his speech from that event. And if you'd like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Our basics on music and copyright were covered in Episode 236 and then with a follow-up in Episode 288. Of course, we also covered Riehl and Rubin's project in Episode 365 ("Every Melody Ever, Part 1"). For (some of) the details on Riehl and Rubin's project, check out Riehl's fascinating TEDx talk. -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/, and don't forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!