Opening Arguments

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

Today's show features an in-depth interview with Kirstin Beswick and Ben Knight of NorthPod Law UK, often referred to (by us) as the "Opening Arguments of England."  Join all four of us as we discuss media, politics, Brexit, and maybe -- just maybe -- reasons for optimism about the future of politics. Due to the length of the interview, we don't have any other segments, but we do end, as always, with the answer to Thomas Take the Bar Exam Question #33 regarding reasonable suspicion to search an auto after a traffic stop.  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 You can check out NorthPod UK's blog 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  

In today's episode, we discuss a recent court case involving an individual's expectation of privacy while browsing the Internet. We begin, however, with the question so many of our listeners wanted to know:  Is it legal for Ken Ham to sell his Ark Encounter theme park to his own non-profit ministry in a presumed effort to evade taxes? In our main segment, the guys break down a recent court case involving search & seizure over the internet.  Do you have an expectation of privacy for the stuff you do on your computer?  The answer will surprise you. Next, Yodel Mountain returns with an in-depth examination of what it means to be a "thing of value." Finally, we end with an all-new Thomas Takes the Bar Exam Question #33 about search and seizure, coincidentally enough.   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!  Schedule us to appear on your show!

For today's show, we take a deep dive into the law of contracts, featuring the "parol evidence" rule. First, however, we answer a question from special listener Lydia S. who wants to know all about Blac Chyna, Rob Kardashian, and "revenge porn."  YOU asked for it! In the main segment, Andrew and Thomas discuss what you can and can't do to dispute a written contract. Next, Garry Myers asks us about why law firms are all structured as partnerships.  Again, the answer might surprise you!. Finally, we end with the answer to Thomas Take the Bar Exam Question #32 regarding 42 U.S.C. § 1983.  Listen and find out if Thomas makes it back to .500!   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 You can check out California's "revenge porn" law,  Penal Code - PEN § 647(j)(4), by clicking here. A

In today's episode, we discuss the recent controversy over Donald Trump, Jr.'s contact with Russian officials during the 2016 election. We begin, however, with a follow-up from Dave (and others) who asked us about doxxing. In our main segment, the guys break the law of conspiracy to discuss whether Donald Trump Jr.'s conduct is potentially criminal.  (Spoiler:  Yes.) Next, fan favorite segment "Are You A Cop?" returns with a question about taxation without representation. Finally, we end with an all-new Thomas Takes the Bar Exam Question #32 about Section 1983 claims and acting under "color of law."  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!  But you can come join the guys at the Inciting Incident 100th Episode Live Spectacular in Carlisle, PA on July 14, 2017!  Get your tickets now! Show Notes & Links You can read Sarah Jeong's excellent a

For today's show, we dive deeper into the Supreme Court's recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation. First, however, we answer a question from Patron Christopher Arguin regarding cross-examination that was inspired by TTTBE #30. In the main segment, Andrew and Andrew continue to discuss church-state separation and the First Amendment. Next, our friend Seth Barrett Tillman provides us with an update on the CREW v. Trump lawsuit regarding emoluments. Finally, we end with the answer to Thomas Take the Bar Exam Question #31 regarding the Statute of Frauds.  Listen and find out if Thomas's improbable one-question winning streak will continue -- 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!  But this is your last chance to join the guys at the Inciting Incident

In today's episode, we discuss the recent controversy over CNN's handling of a Redditor who posted a Trump meme online.  Is this really "blackmail" by CNN? We begin, however, with a follow-up from Patron Joerg regarding UK laws on personal jurisdiction/long-arm and defamation.  Could Maajid Nawaz (whose potential lawsuit we discussed in Episode #83) really file against the SPLC in the UK after all? In our main segment, the guys break down CNN's conduct and see if it qualifies as blackmail, extortion, conspiracy to deprive an individual of his Constitutional rights, or any other criminal behavior. Next, by great popular demand, we tackle Bob Murray's lawsuit against John Oliver in connection with his report on "Last Week Tonight."  You won't be surprised by our evaluation of the merits, but you will enjoy reading the Complaint! Finally, we end with an all-new Thomas Takes the Bar Exam Question #31 about the Statute of Frauds.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along w

In this special holiday episode, Andrew and Thomas talk about fireworks law across the U.S.  Where can you go for a cherry-bombin' good time?  Listen and find out! First, however, we take a look at Maajid Nawaz's threatened lawsuit against the SPLC.  In the main segment, Andrew and Thomas figure out the best place to set off bottle rockets.  And after that, Andrew tackles another question from the patron-only Q&A mailbag. Finally, we end with the answer to Thomas (and Andrew Seidel) Take the Bar Exam Question #30 regarding cross-examination.  Will Thomas and the practicing lawyer get it wrong?   Listen and find out, 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 14 of Habeas Humor, cracking lawyer-themed "yo mama" jokes.  Check it out! Show Notes & Links This is the SPLC's report on Maajid Nawaz lab

For today's show, we break down the Supreme Court's recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation. We begin, however, with a parenting question from Garrett Thomas Fox in our Super-Secret Patron-Only Q&A thread that didn't get answered on our patron-only special. In our main segment, Andrew Seidel helps explain what went wrong in the Trinity Lutheran case that Andrew confidently predicted would go 6-3 the other way. After that, we tackle the Supreme Court's recent decision staying the judgment in the 4th and 9th Circuits, which in turn had enjoined the enforcement of Executive Order 13780.  What does all of this mean?  Listen and find out! Finally, we end with a brand new Thomas Takes the Bar Exam question #30 about cross-examination, in which our guest Andrew Seidel plays along!  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter

In this episode, Thomas and Andrew interview Denise Howell from the This Week in Law podcast. First, however, we take a look at the Supreme Court's recent decision denying certiorari in an appeal of a Fourth Circuit case striking down various provisions of a North Carolina law that restricted voting rights.  There's a lot of misinformation going on, so you'll want to listen! In the main segment, Denise Howell breaks down the "law of emojis" and a 

It's our first Flashback Friday!  On today's episode, we revisit topics from previous episodes that are once again back in the news. We begin with the breaking-est of breaking news, the new Senate version of the AHCA that literally just got released right before the show was scheduled to record.  What's in the new bill?  Listen and find out! After that, our main segment goes through the recent Supreme Court victory for our friend Simon Tam of the Slants, who previewed this case for us way back on Episode 33.  Find out what the ruling means and how it might impact future issues (like a certain D.C.-area football team). After that, we take a look at the Supreme Court's recent grant of certiorari in the Wisconsin gerrymandering case we discussed back in Episode 54.  What's the prognosis for whether the Supreme Court will finally do something about partisan gerrymandering?  Listen and find out! Finally, we end with a brand new Thomas (and Denise) Take the Bar Exam Question #29, in which next week's guest, Denise

In this episode, Thomas and Andrew break down the Trump Administration's decision to withdraw from the Paris Agreement regarding climate change. First, however, we celebrate Thomas being prescient in taking an in-depth look at the Ninth Circuit's rather surprising decision regarding Trump's EO 13780, the so-called "Muslim Ban." In the main segment, Andrew and Thomas answer some questions and bust some myths regarding the U.S.'s withdrawal from the Paris Agreement.  Can Trump do that?  Can the states pick up the slack?  Is there one weird trick that will solve climate change?  The answers may surprise you. After that, Andrew tackles a fun question from patron Myk Dowling about disclaimers. Finally, we end with the answer to Thomas Takes the Bar Exam Question #28, which involved a pizza joint defaming a nearby burger hut.  Can Thomas start a new, 2-game winning streak?  Listen and find out!  And, as always, we'll release a new #TTTBE question this Friday and answer that question the following Tuesday.  Don't fo

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with Breakin' Down the Law, in which Andrew answers the question raised by every single person in the universe this week:  can Jeff Sessions really do that? In our main segment, we look at the recent emoluments lawsuit brought by the Attorneys General for Maryland and Washington DC. After that, Yodel Mountain returns with a look at the Washington Post's breaking news that Donald Trump is under investigation by the FBI, as well as the GOP's purported talking points as to why this is no big deal. Finally, we end with a brand new Thomas Takes the Bar Exam question #28 about a malicious pizza store owner.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  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 y

In this episode, Thomas and Andrew talk to the co-host of one of their favorite podcasts, Oh No Ross and Carrie, along with the show's lawyer, Matthew Strugar -- proving once and for all that other podcasts need lawyers, too. First, however, Andrew breaks down a recent viral story about whether Donald Trump's Twitter account can be a "designated public forum," a term our listeners should remember from Episode #73's discussion with Travis Wester. In the main segment, Carrie Poppy sits down for a fun and wide-ranging interview about her job and the potential legal perils that stem from investigating pseudoscience, the paranormal, and potentially dangerous religious cults. After that, the much-beloved "Are You A Cop?" segment returns with a question from listener Brian Babcock about how to deal with standard-form contracts. Finally, we end with the answer to Thomas Takes the Bar Exam Question #27, which was a complicated fact pattern involving drunk driving, punitive damages, insurance limits, and cross-examinat

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with the second installment of a hopefully infrequent segment about stuff Andrew gets wrong.  In this case, it's actually two things.  First, Andrew clarifies the terminology related to immunity, and second, Andrew admits to falling for a hoax (!) In our main segment, we look at James Comey's testimony before the Senate regarding his firing.  How far up Yodel Mountain does this take us?  Listen and find out! After that, fan favorite Breakin' Down the Law returns with an analysis of what's going on with the Trump Administration's appeal of Executive Order 13780, the so-called "Muslim Ban," which we last discussed in Episode #51. Finally, we end with a brand new (and tricky) Thomas Takes the Bar Exam question #27 about the admissibility of a question on cross-examination regarding the availability of insurance proceeds.  Remember that TTTBE issues a new question every Friday,

In this freewheeling episode, Andrew walks through a recent decision in California regarding a key employee who worked on self-driving cars and was recruited by a competitor. First, however, the guys talk about Episode #73's discussion with Travis Wester and what lessons hopefully we all can take away from it, including answering a listener question from Lyman Smith on how to go about finding primary sources. Next, the guys discuss "Mr. Met" and the doctrines of factual and legal impossibility.  Can a four-fingered mascot really give anyone the "middle" finger?? In the main segment, Andrew breaks down the recent federal court opinion in California enjoining a former Waymo employee from working on Uber's self-driving car program, and along the way highlights the differences between non-compete clauses, non-solicitation clauses, and trade secrets. After that, Andrew tells a fun story in answering a listener question from Michael Grace regarding the craziest legal argument Andrew's ever heard. Finally, we end wi

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with a hopefully infrequent segment about stuff Andrew gets wrong.  In this case, patron Sean Keehan corrects Andrew's numbers regarding Congressional votes. After that, we answer the actual legal question behind #covfefe -- namely, whether Donald Trump can delete his Tweets.  The answer... might surprise you! In our main segment, we look at the ongoing Senate investigation regarding Trump's ties with Russia and break down the Congress's power to conduct investigations and issue subpoenas, and the reasons people can give for failing to comply with them. After that, fan favorite Breakin' Down the Law returns with the question on everyone's lips:  is it legal for Kathy Griffin to have posed with Donald Trump's severed head? Finally, we end with a brand new (and tricky) Thomas Takes the Bar Exam question #25 about the admissibility of a composite sketch after the primary witnes

In this episode, the guys engage in a discussion with actor Travis Wester, who criticized the show's coverage of the Berkeley College Republicans' lawsuit back in the "C" segment of Episode #65. Travis comes on the show to criticize Berkeley's policy regarding the imposition of fees, while Andrew walks us through the various laws regarding the First Amendment's applicability to "time, place, and manner" restrictions in college classrooms. This episode went long, so we skipped our other segments, but obviously no Tuesday episode would be complete without the answer to Thomas Takes The Bar Exam Question #25 about smokin' weed and crashin' cars. Recent Appearances: None!  Have us on your show! Show Notes & Links Here are the resources discussed in this episode: This is the link to the BCR/YAF (Ann Coulter) Complaint. Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995) is the Supreme Court case decisively holding that campus groups allocating space in classrooms are a lim