Opening Arguments

Today's episode is all about the budding legal expert co-host of this show, one Thomas Smith, Esq. soon-to-be of Thomas's Second Chance Law Firm. First, taking a cue from the hilarious failed nomination of Matthew Petersen to the federal bench , Andrew asks Thomas the same kinds of basic questions.  Is Thomas more qualified than Trump's judicial nominees?  (The answer will not surprise you.) In th...

Today's episode welcomes back one of our favorite guests -- and the show's only three-time  guest, Andrew Seidel, attorney with the Freedom From Religion Foundation. Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation issues.  First, they break down Andrew Seidel's recent success in convincing the Senate Judiciary Committee to reject their most unqualified judges, Je...

Today's episode talks about the disastrous wildfires that have ravaged Thomas's home state of California, and who winds up footing the bills for these disasters.  It's exactly as much insurance law as you wanted to learn! First, we begin with some news items, including an update on the Net Neutrality vote, a new mega-merger, and the Supreme Court's denial of  certiorari  in  Evans v. Georgia Regio...

Should you take legal advice from a viral video on YouTube? Today's episode is all about judges, lawyers, attorney-client privilege, and the police.  We begin with the news that Supreme Court Justice Elena Kagan has recused herself in the case of  Jennings v. Rodriguez ; why? After that, the guys break down a video called "Don't Talk To The Police" and discuss some hallmarks of legal videos online...

Today's episode concludes the discussion begun in Episode 125 about antitrust law in light of the proposed AT&T/Time Warner merger. First, though, we begin with some news items, including an update on Patreon practices and the status of Leandra English's lawsuit to become Acting Director of the CFPB. In the main segment, Andrew breaks down the Department of Justice's lawsuit against AT&T and Time...

For $30 off your first week of  HelloFresh , visit  hellofresh .com  and enter  lawpod30! Today's special episode tackles the breaking news that Gen. Michael Flynn has pled guilty in connection with the Mueller investigation .  To break down the significance of this deal, we welcome back Prof. Randall Eliason. After that, Andrew answers a bunch of listener questions regarding the tax bill that jus...

Today's episode breaks down the recent kerfuffle over the simultaneous claims of Leandra English and Mick Mulvaney to be Acting Director of the Consumer Financial Protection Bureau (CFPB). First, we begin with an "Andrew Was Wrong (?)" segment that gives voice to an anti-Net Neutrality argument, a clarification on the Obama administration's antitrust policies, and a factual clarification on the An...

Today's episode takes two deep dives into complicated legal issues in the news. First, we tackle the FCC's recent " Order Restoring Internet Freedom ," which is being characterized as ending Net Neutrality.  Is that true?  The answer... probably won't surprise you, actually. Then, Andrew and Thomas discuss general principles of antitrust law with an eye towards the recent news that the Trump Depar...

Today's episode is the Happiest Episode Ever (TM)! First, the guys discuss "the real meaning of Thanksgiving," c ribbing from a blog post Andrew wrote for his old firm back in 2013. In the main segment, Andrew and Thomas break down a pending case before the U.S. District Court for the District of Columbia regarding Donald Trump's tweets and the Freedom of Information Act, as well as an update on t...

In this fun, pre-Thanksgiving episode, we delve into a number of interesting topics.  We begin with the popular (if much maligned by Thomas ) card game "Cards Against Humanity" and their pitch to " save America ."  Are you surprised that it turns into a deep dive about eminent domain?  (You shouldn't be.) After that, Andrew answers a listener question about whether, in fact, there  are "magic word...

Today's episode is, unfortunately, all about Alabama Senate candidate Roy Moore. First, the guys discuss the unintentionally hilarious litigation hold letter filed by Moore's attorney.  After that, Andrew and Thomas break down Alabama's election laws and discuss a variety of proposals being circulated for replacing Moore on the ballot.  Next, the guys end with a discussion of whether the Senate ca...

Today's episode takes a deep dive into social contract theory, and in particular, one of the most influential works of modern philosophy, John Rawls's  A Theory of Justice , with guest philosopher Aaron Rabi, host of the terrific podcast Embrace The Void . After the discussion, we end with the answer to Thomas Takes the Bar Exam Question #49.  Don't forget to following our Twitter feed ( @Openargs...

Today's episode features Natalie Newell of the documentary "Science Moms" discussing GMO labeling and science awareness. First, we begin with an "Andrew Was Wrong" segment that updates some previous stories, including good news from the Jane Doe v. Wright  decision discussed in Episode 117 and some clarification regarding the Manafort indictment from Episode 118 . After that, Natalie Newell joins...

Today's episode takes a look at the recent decision in Doe v. Trump in which a federal judge issued a preliminary injunction blocking the majority of President Trump's ban on trans servicemembers in the armed forces. First, though, we begin with a discussion of  Brady v. Maryland , 373 U.S. 83 (1963) and the requirement that prosecutors turn over exculpatory evidence to criminal defendants. In the...

Today's rapid-response episode tackles -- of course -- the indictment of former Donald Trump campaign manager Paul Manafort and his protege, Rick Gates, as well as the guilty plea entered by Trump campaign official George Papadopoulos.  What does it all mean?  Listen to a special full-length episode and find out! After our full discussion, we end with a timely new Thomas Takes the Bar Exam Questio...

Today's episode takes a look at a tragic case currently unfolding of a pregnant young woman being detained for being in this country illegally and the Trump administration's efforts to deny her the right to an abortion. We begin with a quick procedural update on the 9th Circuit's ruling on EO-2 before taking a deep dive into the nuts and bolts behind  Zarda v. Altitude Express , which we first dis...

Today's rapid-response episode tackles the recent news that Hillary Clinton's campaign and/or the DNC paid for the "Russian dossier" on Donald Trump.  What does that mean in terms of U.S. election law?  Listen and find out! We begin with a quick news update on various lawsuits against poker pro Phil Ivey, a story we covered way back in Episode 32 with guest Chris Kristofco . Next, we take a quick...

Today's episode features former NFL punter, social justice advocate, and game designer Chris Kluwe , who sued his former NFL team for wrongful termination after he alleged that they cut him for standing up for marriage equality. Kluwe brings his unique behind-the-scenes knowledge to help us understand Colin Kaepernick's recently-filed grievance against the NFL, and gives us some bold predictions a...

Today's rapid-response episode begins with an update on the Allergan patent licensing scheme discussed in Episode 107 .  What does a federal judge think of this One Weird Trick to avoid certain legal proceedings?  Listen and find out! Next, our main segment looks at Donald Trump's efforts to undermine Obamacare from the Oval Office.  Does this violate the Constitution?  Is there anything we can do...

Today's episode is entirely Trump-free, and features a deep dive into the Cruel and Unusual Punishment Clause of the 8th Amendment. We begin, however, with a great listener question from Captain Patrick Dobbins, who wants to know the ins and outs of "international waters."  Ask, and ye shall receive! After that, the guys break down the history of the 8th Amendment's prohibition on "cruel and unusu...

Today's rapid-response episode begins with a discussion of a recent petition to the Supreme Court for  certiorari filed in  Evans v. Georgia Regional Hospital , and in particular, an amicus curiae brief submitted by 76 employers.  How does this brief affect the future of gay rights in this country?  Listen and find out! Next, our main segment looks at Donald Trump's recent threat to have the FCC "...

Today's episode marks the triumphant return of attorney Andrew Seidel of the Freedom From Religion Foundation to the show! We begin with an "Andrew Was Wrong" segment in which patron Kristen Hansen discusses how better to evaluate charities than the simple overhead metric the guys used in Episode 102 . After that, Andrew Seidel joins us for two segments.  First, the two Andrews discuss separation...

Today's rapid-response episode begins with a discussion of the tragedy in Las Vegas and whether we can do anything about it.  Before you dig in, you might want to take a refresher on our two-part masterclass on the Second Amendment in Episode 21 (Part 1) and Episode 26 (Part 2) . Then, we take our first of two separate trips to Yodel Mountain with the recent revelation that the Trump DOJ disregard...

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 diff...