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OPENING ARGUMENTS
Opening Arguments. OA494: Florida's Pointless, Unconstitutional Social Media Law. Released: May 28, 2021. I know I say this a lot but this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. OA498: THE GARLAND DOJ COVERAGE IS COMPLETELY WRONG This episode is exactly why this show exists. Two stories about Merrick Garland’s DoJ came out recently that gave the strong impression that Garland was defending Trump policies and even joining forces with religious bigots against LGBTQ rights. These stories are COMPLETELY misleading. As always with complicated legal stories, the truth faces a steep, uphill Continue reading "OA498: The OA489: TRANSFORMERS AND INTELLECTUAL PROPERTY Andrew is giggling like a school child right now as we present the deep-dive you didn’t know you needed! It’s transforming robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump! Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit!Links: Ugg Lawsuit final Continue reading "OA489: Transformers and UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR Amazon.com Services LLC (the Employer) is an Internet-based business that sells books, music, housewares, electronics, and other goods. On November 20, 2020, Retail, Wholesale and STATE V ARLENES FLOWERS INC 6wdwh y $uohqh¶v )orzhuv ,qf :dvk g 3 g 7krpvrq 5hxwhuv 1r fodlp wr ruljlqdo 8 6 *ryhuqphqw :runv :dvk g UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States District Court Southern District of New York VIRGINIA L. GIUFFRE, Plaintiff, CASE NO: v. ALAN DERSHOWITZ, Defendant. IN THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY … 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 TRUMP v. MONTGOMERY COUNTY BOARD OF ELECTIONS and related parties. THE COURT: Good morning to you. MR. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 2 tom@clarelocke.com megan@clarelocke.com dustin@clarelocke.com Attorneys for Plaintiffs Case 1:21-cv-00040-CJN Document 18 Filed 02/09/21 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell,Defendant.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF … MARIE L. JEAN PIERRE v. PARK HOTELS & RESORT INC., F/K/A HILTON WORLDWIDE INC 2 3. Plaintiff was an “employee” of Defendant and an “aggrieved person” within theOPENING ARGUMENTS
Opening Arguments. OA494: Florida's Pointless, Unconstitutional Social Media Law. Released: May 28, 2021. I know I say this a lot but this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. OA498: THE GARLAND DOJ COVERAGE IS COMPLETELY WRONG This episode is exactly why this show exists. Two stories about Merrick Garland’s DoJ came out recently that gave the strong impression that Garland was defending Trump policies and even joining forces with religious bigots against LGBTQ rights. These stories are COMPLETELY misleading. As always with complicated legal stories, the truth faces a steep, uphill Continue reading "OA498: The OA489: TRANSFORMERS AND INTELLECTUAL PROPERTY Andrew is giggling like a school child right now as we present the deep-dive you didn’t know you needed! It’s transforming robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump! Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit!Links: Ugg Lawsuit final Continue reading "OA489: Transformers and UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR Amazon.com Services LLC (the Employer) is an Internet-based business that sells books, music, housewares, electronics, and other goods. On November 20, 2020, Retail, Wholesale and STATE V ARLENES FLOWERS INC 6wdwh y $uohqh¶v )orzhuv ,qf :dvk g 3 g 7krpvrq 5hxwhuv 1r fodlp wr ruljlqdo 8 6 *ryhuqphqw :runv :dvk g UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States District Court Southern District of New York VIRGINIA L. GIUFFRE, Plaintiff, CASE NO: v. ALAN DERSHOWITZ, Defendant. IN THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY … 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 TRUMP v. MONTGOMERY COUNTY BOARD OF ELECTIONS and related parties. THE COURT: Good morning to you. MR. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 2 tom@clarelocke.com megan@clarelocke.com dustin@clarelocke.com Attorneys for Plaintiffs Case 1:21-cv-00040-CJN Document 18 Filed 02/09/21 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell,Defendant.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF … MARIE L. JEAN PIERRE v. PARK HOTELS & RESORT INC., F/K/A HILTON WORLDWIDE INC 2 3. Plaintiff was an “employee” of Defendant and an “aggrieved person” within the TRANSCRIPT OF OA497: CHRISTIAN HEALTH SHARING IS A SCAM Listen to the episode and read the show notes Topics of Discussion: Christian Health Sharing Is a Scam Andrew Was Right: Florida De-Platforming Law T3BE Answer Thomas: Hello and welcome to Opening Arguments, this is episode 497. I’m Thomas, that’s Andrew, how’re you doing, sir? Andrew: I am fantastic, Thomas, how are you? Continue reading "Transcript of OA497: TRANSCRIPT OF OA496: STANFORD LAW FORGETS HOW LAW WORKS Listen to the episode and read the show notes Topics of Discussion: Breakin’ Down the Law: Derek Chauvin’s Motion for Mitigated Downward Departure Stanford Law Forgets How Law Works T3BE Question Thomas: Hello and welcome to Opening Arguments, this is episode 496. I’m Thomas, that’s Andrew, how’re you doing, sir? Andrew: I am Continue reading "Transcript of OA496 TRANSCRIPTS ARCHIVES Thomas: Hello and welcome to Opening Arguments, this is episode 485. You know, we’re closing in on 500, Andrew. We’d better do something cool, I don’t know what. Andrew: Alright. Thomas: We’ll figure out – we’ll do a backflip. That’s the first thing-. Andrew: I nominate you to do that. OA497: CHRISTIAN HEALTH SHARING IS A SCAM Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let’s just say he has a certain set of skills involving documents and research and deep-diving Listen and find out why Continue reading "OA497: Christian Health Sharing IsPODCAST ARCHIVES
http://dts.podtrac.com/redirect.mp3/http://media.blubrry.com/openargs/traffic.libsyn.com/openargs/01_Episode_1.mp3. In this introductory pre-episode, Thomas and OA481: SANCTIONS MOTION OBLITERATES SIDNEY POWELL Governor Tony Evers is not messing around when it comes to Sidney Powell’s evidence-free conspiracy nonsense. He has filed a motion for sanctions that just demolishes Powell for being a total hack, liar, and terrible lawyer. It’s magnificent, and Andrew breaks it down for us! After that, we’ve got some follow up on Uzuegbunam v Continue reading "OA481: Sanctions Motion Obliterates OA444: GOING OUT OF BUSINESS PARDON SALE OA444: Going Out of Business Pardon Sale. Released: Dec 4, 2020. Trump is looking poised to pardon everything not nailed down on his way out of the White House. You've got pardons in exchange for bribes, run-of-the-mill corrupt pardons, preemptive pardons (?), family pardons, and god knows what else. Andrew breaks it all down for us! OA244: CLARENCE THOMAS VS. THURGOOD MARSHALL Today’s episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas’s competence are a racist echo of similar claims made against Thurgood Marshall. Find out why Andrew made the mistake he did in Episode 242, and also why Andrew still stands behind his answer to Continue reading "OA244: Clarence Thomas vs. Thurgood WISCONSIN ELECTIONS COMMISSION, AND ITS MEMBERS ANN S 2 December 3, 2020. ECF Nos. 1, 9. The court dismissed the complaint pursuant to a motion to dismiss on December 9, 2020. ECF No. 83. Judgment was entered on December 10, 2020. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF in the united states district court for the district of columbia us dominion, inc., dominion voting systems, inc., and dominion voting systems corporation,OPENING ARGUMENTS
Opening Arguments. OA494: Florida's Pointless, Unconstitutional Social Media Law. Released: May 28, 2021. I know I say this a lot but this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. OA497: CHRISTIAN HEALTH SHARING IS A SCAM Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let’s just say he has a certain set of skills involving documents and research and deep-diving Listen and find out why Continue reading "OA497: Christian Health Sharing Is CASE 2:20-CV-01771-PP FILED 12/03/20 PAGE 1 OF 37 DOCUMENT 17. 18. Pro V& V and SLI Gaming both lack evidence of EAC Accreditation as per the Voting System Testing and Certification Manual. Case 2:20-cv-01771-PP UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR Amazon.com Services LLC (the Employer) is an Internet-based business that sells books, music, housewares, electronics, and other goods. On November 20, 2020, Retail, Wholesale and IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 2 tom@clarelocke.com megan@clarelocke.com dustin@clarelocke.com Attorneys for Plaintiffs Case 1:21-cv-00040-CJN Document 18 Filed 02/09/21 Page 2 of 3 STATE V ARLENES FLOWERS INC 6wdwh y $uohqh¶v )orzhuv ,qf :dvk g 3 g 7krpvrq 5hxwhuv 1r fodlp wr ruljlqdo 8 6 *ryhuqphqw :runv :dvk g IN THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY … 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 TRUMP v. MONTGOMERY COUNTY BOARD OF ELECTIONS and related parties. THE COURT: Good morning to you. MR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States District Court Southern District of New York VIRGINIA L. GIUFFRE, Plaintiff, CASE NO: v. ALAN DERSHOWITZ, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF … MARIE L. JEAN PIERRE v. PARK HOTELS & RESORT INC., F/K/A HILTON WORLDWIDE INC 2 3. Plaintiff was an “employee” of Defendant and an “aggrieved person” within the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell,Defendant.
OPENING ARGUMENTS
Opening Arguments. OA494: Florida's Pointless, Unconstitutional Social Media Law. Released: May 28, 2021. I know I say this a lot but this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. OA497: CHRISTIAN HEALTH SHARING IS A SCAM Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let’s just say he has a certain set of skills involving documents and research and deep-diving Listen and find out why Continue reading "OA497: Christian Health Sharing Is CASE 2:20-CV-01771-PP FILED 12/03/20 PAGE 1 OF 37 DOCUMENT 17. 18. Pro V& V and SLI Gaming both lack evidence of EAC Accreditation as per the Voting System Testing and Certification Manual. Case 2:20-cv-01771-PP UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR Amazon.com Services LLC (the Employer) is an Internet-based business that sells books, music, housewares, electronics, and other goods. On November 20, 2020, Retail, Wholesale and IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 2 tom@clarelocke.com megan@clarelocke.com dustin@clarelocke.com Attorneys for Plaintiffs Case 1:21-cv-00040-CJN Document 18 Filed 02/09/21 Page 2 of 3 STATE V ARLENES FLOWERS INC 6wdwh y $uohqh¶v )orzhuv ,qf :dvk g 3 g 7krpvrq 5hxwhuv 1r fodlp wr ruljlqdo 8 6 *ryhuqphqw :runv :dvk g IN THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY … 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 TRUMP v. MONTGOMERY COUNTY BOARD OF ELECTIONS and related parties. THE COURT: Good morning to you. MR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States District Court Southern District of New York VIRGINIA L. GIUFFRE, Plaintiff, CASE NO: v. ALAN DERSHOWITZ, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF … MARIE L. JEAN PIERRE v. PARK HOTELS & RESORT INC., F/K/A HILTON WORLDWIDE INC 2 3. Plaintiff was an “employee” of Defendant and an “aggrieved person” within the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell,Defendant.
TRANSCRIPT OF OA497: CHRISTIAN HEALTH SHARING IS A SCAM Listen to the episode and read the show notes Topics of Discussion: Christian Health Sharing Is a Scam Andrew Was Right: Florida De-Platforming Law T3BE Answer Thomas: Hello and welcome to Opening Arguments, this is episode 497. I’m Thomas, that’s Andrew, how’re you doing, sir? Andrew: I am fantastic, Thomas, how are you? Continue reading "Transcript of OA497: TRANSCRIPTS ARCHIVES Thomas: Hello and welcome to Opening Arguments, this is episode 485. You know, we’re closing in on 500, Andrew. We’d better do something cool, I don’t know what. Andrew: Alright. Thomas: We’ll figure out – we’ll do a backflip. That’s the first thing-. Andrew: I nominate you to do that. OA497: CHRISTIAN HEALTH SHARING IS A SCAM Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let’s just say he has a certain set of skills involving documents and research and deep-diving Listen and find out why Continue reading "OA497: Christian Health Sharing IsPODCAST ARCHIVES
http://dts.podtrac.com/redirect.mp3/http://media.blubrry.com/openargs/traffic.libsyn.com/openargs/01_Episode_1.mp3. In this introductory pre-episode, Thomas and WISCONSIN ELECTIONS COMMISSION, AND ITS MEMBERS ANN S 2 December 3, 2020. ECF Nos. 1, 9. The court dismissed the complaint pursuant to a motion to dismiss on December 9, 2020. ECF No. 83. Judgment was entered on December 10, 2020. OA244: CLARENCE THOMAS VS. THURGOOD MARSHALL Today’s episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas’s competence are a racist echo of similar claims made against Thurgood Marshall. Find out why Andrew made the mistake he did in Episode 242, and also why Andrew still stands behind his answer to Continue reading "OA244: Clarence Thomas vs. Thurgood IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF in the united states district court for the district of columbia us dominion, inc., dominion voting systems, inc., and dominion voting systems corporation,GERSTMAN SCHWARTZ
GERSTMAN SCHWARTZ LLP ATTORNEYS AT LAW May 12, 2021 VIA CM/ECF & EMAIL The Honorable Victor Marrero (chambersnysdmarrero@nysd.uscourts.gov) Daniel Patrick Moynihan Uni ted States Courthouse STATE OF MINNESOTA VERDICT AND FINDINGS OF FACT … 2 arrested would be treated with respect and only with reasonable force and that medical needs would be addressed in a timely fashion. c. Defendant abused his position of authority by using force that thejury
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW … 1 united states district court southern district of new york -----x national coalition on black civic : participation, et al., :Skip to content
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Posted on March 16, 2020March 17, 2020 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 365and 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 bebelieved!
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 inEpisode 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 9thCircuit
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 Twitterfeed! @oawiki
-Remember to check out our YouTube Channelfor
Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!Download Link
Posted on March 12, 2020March 13, 2020 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 blisteringcross-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 coverageback 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 Twitterfeed! @oawiki
-Remember to check out our YouTube Channelfor
Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!Download Link
Posted on March 12, 2020March 12, 2020 TRANSCRIPT OF OA367: INTERVIEW WITH THE “ALL THE MUSIC” CREATORS! Listen to the episode and read the show notes Topics of Discussion: * Listener Question: More Factors to Consider When Choosing which LawSchool to Go To
* Music Law Part 2: Interview with Damien Riehl and Noah Rubin* T3BE – Answer
THOMAS: Hello and welcome to Opening Arguments, this is episode 367. I’m Thomas Smith, that’s P. Andrew Tortoise, howya doin?
ANDREW: Welll I’mmmm doin finnne Thommmas. THOMAS: ANDREW: How are you? THOMAS: Well, you know. ANDREW: I do. THOMAS: Doin’ okay. ANDREW: I do. But I’m excited about today’sepisode!
Continue reading “Transcript of OA367: Interview with the “All the Music” Creators!” Posted on March 9, 2020March 10, 2020 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 andfind 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 236and 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 Twitterfeed! @oawiki
-Remember to check out our YouTube Channelfor
Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!Download Link
Posted on March 9, 2020March 9, 2020 TRANSCRIPT OF OA366: YOUR GUIDE TO THE CORONAVIRUS! Listen to the episode and read the show notes Topics of Discussion: * Can Joe Biden Pick Obama as Vice President?* Coronavirus
* Yodel Mountain: Don McGahn’s Testimony* T3BE – Question
THOMAS: Hello and welcome to Opening Arguments, this is episode 366. I’m Thomas Smith, and, uh, we can’t have nice things Andrew. How’re you doing? ANDREW: Ahhh, yeah. It’s not a great day for me, although I am wearing a full gas mask so that will prevent mefrom-
Continue reading “Transcript of OA366: Your Guide to theCoronavirus!”
Posted on March 7, 2020March 7, 2020 TRANSCRIPT OF OA365: EVERY MELODY EVER, PART 1 Listen to the episode and read the show notes Topics of Discussion: * Music Law – Every Melody Ever * Clarence Thomas cites Thomas in Overruling Thomas* T3BE – Answer
THOMAS: Hello and welcome to Opening Arguments, this is episode 365! Wow, that means you can start episode 1 on January 1st of the year and get to now. ANDREW: THOMAS: I dunno why you’d wanna do that, but you could and it would be a full year. Anyway, how’re you doing,Andrew?
ANDREW: Well, I’m looking up after that now that you can get Opening Arguments every day for an entire year. THOMAS: Yeah. ANDREW: That’s, um, I feel good! THOMAS: We can even do – we can pause at like a quarter through this episode and it would be 365 and a fourth.Perfect!
ANDREW: Continue reading “Transcript of OA365: Every Melody Ever, Part 1” Posted on March 5, 2020March 6, 2020 OA366: YOUR GUIDE TO THE CORONAVIRUS! Today’s episode breaks down _force majeure_ clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won’t want to miss this episode! We begin, however, with some recurring Vice Presidential/line of succession questions and take a mini-deep-dive into the absolutely bonkers elections of 1796 and 1800 that produced the 12th Amendment,
and what it says about vice-presidential qualifications. After that, it’s time for our main segment on coronavirus, which includes a deep dive into various cases where contracts have been broken due to “acts of god.” Is a global pandemic an “act of god?” Listen, find out, and you’ll soon be able to whip out four-part tests if your hotel tries to cancel your room due tocoronavirus scares.
Then, it’s time to pick apart the D.C. Circuit’s 2-1 baffling opinion that the House Oversight Committee _lacks standing_ to go to a court to enforce its subpoena over Don McGahn. This is technically an “Andrew Was Wrong,” because Andrew did not imagine that any judges with functioning brain cells could have authored an opinion this bad. Find out what’s next! After all that, it’s time for a brand new Thomas Takes the Bar Exam involving a tainted witness identification. And remember that you too can play along by sharing out this episode on social media and usingthe hashtag #T3BE.
Appearances
None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.Show Notes & Links
* For all your Vice Presidential qualification questions, check outthe 12th Amendment
!
* Here’s the D.C. Circuit’s decision in McGahn, and we
also referenced _Raines v. Byrd_, 521 U.S. 811 (1997) and, of course, Opening Arguments’s good friend Richard Nixon in _United States v. Nixon_, 418 U.S. 683, 696-97 (1974).
* Finally, you can read Josh Chafetz’s law review article, “Executive Branch Contempt of Congress.”
-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 Twitterfeed! @oawiki
-Remember to check out our YouTube Channelfor
Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!Download Link
Posted on March 2, 2020March 2, 2020 TRANSCRIPT OF OA364: WILL THE SUPREME COURT SHIELD TRUMP’S TAXES?(NO.)
Listen to the episode and read the show notes Topics of Discussion: * Andrew Was Wrong-ish About Sentence Guideline Percentages * Yodel Mountain – _Mazars v. Trump_ * Wildcard Segment: Are You A Cop?* T3BE – Question
THOMAS: Hello and welcome to Opening Arguments, this is episode 364, and I’m Thomas, that’s Andrew. How’re youdoing, Andrew?
ANDREW: I am fantastic, Thomas! How areyou?
THOMAS: I am just- we got so much good stuff to talk about. There are lawsuits and lawsuits and more lawsuits and they pretty much just involve Trump, but lots of questions, lots of stuff I’m seeing posted on social media, people are unclear about what a lot of this means and that’s my favorite because Andrew’s here to break it down for us and tell us how this all actually works. So I’m excited, you excited? Continue reading “Transcript of OA364: Will the Supreme Court Shield Trump’s Taxes? (No.)” Posted on March 2, 2020March 3, 2020 OA365: EVERY MELODY EVER, PART 1 Today’s episode brings you our first look at the efforts by Damien Riehl and Noah Rubin to copyright “every melody ever” as part of a way of reconceptualizing copyright law as it applies to music. SPOILER: We’re going to have Riehl and Rubin on the show to discuss their work in more depth. We also discuss _Chevron_ deference and a recent dissent by Clarence Thomas that’s No Laughing Matter. We begin with a deep dive into the Riehl and Rubin “Every Melody Ever” effort, which builds upon the music copyright episodes we’ve previously discussed in Episode 236 (“Stairway to the SupremeCourt”)
and Episode 288 (“More on Led Zeppelin”). What
exactly are Riehl and Rubin doing, and will it put an end to copyright lawsuits against musicians? Listen and find out! After that, we check out a case (_Baldwin v. U.S._) in which the Supreme Court refused to grant certiorari — and the dissent filed by Clarence Thomas. That prompted a headline that got some chuckles last week — “Clarence Thomas cites Thomas in overruling Thomas” — and we learn that (of course) this turns out to be no laughing matter, but part of a concerted effort to roll back not only a 2005 Clarence Thomas opinion, _National Cable & Telecommunications Ass’n v. Brand X Internet Svcs_., 545 U.S. 967 (2005), but _Chevron_ deference itself. Find out why even the howler monkey contingent wanted to take a pass on this case — but not Clarence Thomas! After all that, it’s time for the answer to perhaps the easiest #T3BE ever — or is it? (It is.) And remember, you can always play along with #T3BE by sharing out the show on social media!Appearances
None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.Show Notes & Links
* Our basics on music and copyright were covered in Episode 236and then
with a follow-up in Episode 288.
* For (some of) the details on Riehl and Rubin’s project, you can read the write-up in _Vice_.
* Finally, you can check out Thomas’s cert dissent in _Baldwin v.U.S._ here
.
-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 Twitterfeed! @oawiki
-Remember to check out our YouTube Channelfor
Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!Download Link
Posted on February 27, 2020February 28, 2020 OA364: WILL THE SUPREME COURT SHIELD TRUMP’S TAXES? (NO.) Today’s episode takes a deep dive into the just-filed briefs in the _Trump v. Mazars_ litigation pending before the Supreme Court regarding the legitimacy of the House’s subpoenas for Trump’s tax returns. Is the law on the House’s side? (Yes, yes it is.) Are we confident that the Supreme Court will rule the right way in a case this bad? (Maybe?) In any event, you’ll want to listen!Announcements
* Don’t forget our YouTube Live Q&Athis
Sunday, March 1, at 1:30 pm Eastern / 10:30 am Pacific! * You still have two days to register for Voter Protection Law SchoolBoot Camp
!
We begin with an Andrew Was Wrong(-ish) from our good friend Randall Eliason on the actual frequency of below-guidelines sentences in light of Roger Stone’s downward variance. Then it’s time for a deep dive into _Mazars v. Trump_, where we look at the briefs filed by the parties and evaluate the arguments made by the Trump administration that the subpoenas issued by the House are invalid. How bad are these arguments? They’re bad. Then, it’s time to tackle the recent defamation lawsuit filed by the Trump campaign against the _New York Times_ regarding a March 2019 op-ed by Max Frankel, in which Mr. Frankel argued that the campaign didn’t need to coordinate with Russia to benefit from foreign assistance. Does this pave the way for really good discovery? (No.) After all that, it’s time for a brand-new #T3BE involving a law prohibiting providing assistance to undocumented aliens. Can Thomas start a new winning streak? Listen and find out. And, of course, you can always play along on social media by using the hashtag #T3BE!Appearances
None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.Show Notes & Links
* Remember to check out our YouTube Channel!
* If you’re thinking about Democratic Voter Protection Law School Bootcamp, check out the flyer and then apply online.
* n the opening segment, Andrew references the U.S. Sentencing Commission (2018) reporton sentences.
* in _Mazars v. Trump_, check out the President’s Jay Sekulow-penned brief as well as the just-filed response by the House of Representatives.
You can also read the _Franchise Tax Bd. v. Hyatt_ (2019) decision.
* Finally, check out the _Trump Campaign v. New York Times_defamation lawsuit
.
-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 Twitterfeed! @oawiki
-And finally, remember that you can email us at openarguments@gmail.com!Download Link
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