TTTBE #20: Early Answer for Patrons, Post-ReasonCon Edition
It's "D."
2017-04-24 13:43:12 +0000 UTC View Post
law posts
OA62: The Supreme Court's Hall of Shame
In this episode, Andrew goes through five of the worst, most embarrassing cases in Supreme Court history.
First, though, the guys tackle a question from Scott, who's considering becoming a patron of the show (good!) but has some questions about a s...
2017-04-21 05:26:49 +0000 UTC View PostOA61: Flyin' the Friendly Skies & Newt Gingrich Still Has a Contract on America
In this episode of Opening Arguments, the guys look at both United Airlines and an obscure law from 1996 that could threaten the "administrative state" held in such disdain by our newest Supreme Court Justice, Neil Gorsuch.
First, of cours...
2017-04-18 01:12:58 +0000 UTC View PostTTTBE #19: Early Answer for Patrons
Judging by the answers submitted online, this was perhaps the most difficult TTTBE question yet. Only one person got the answer right, and almost everyone guessed (incorrectly) answer "A" along with Thomas.
This question tested two prop...
2017-04-16 16:56:01 +0000 UTC View PostOA60: Sex and Sexual Orientation
In this episode, we take a look at a landmark decision by the 7th Circuit Court of Appeals, Hively v. Ivy Tech Community College of...
2017-04-13 23:22:25 +0000 UTC View PostOA59 Early for Patrons!
Is the Syria strike legal? The answer may surprise you, unless you already knew Andrew is a secret Trump supporter...
2017-04-10 23:38:40 +0000 UTC View PostTTTBE #18: Andrew and Thomas are Both Jet-Lagged But We Still Do This For You Edition
This was a VERY difficult and controversial question involving the best reason to rule a draconian clothing law unconstitutional. The answer is "D" (that the law lacks a rational connection to a legitimate government interest) although our patr...
2017-04-10 01:07:16 +0000 UTC View PostOA58: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump - Part 2
Today's episode is part two of a two-part series in which Thomas and Andrew walk through the short-lived history of the USFL, an alternative football league that ran into the bulldozer that is Donald J. Trump. Along the way, we learn a...
2017-04-05 19:31:13 +0000 UTC View PostOA57: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump - Part 1
Today's episode is part one of a two-part series in which Thomas and Andrew walk through the short-lived history of the USFL, an alternative football league that ran into the bulldozer that is Donald J. Trump. Along the way, we learn a...
2017-04-02 05:01:44 +0000 UTC View PostLaw'd Awful Movies #5: Chicago Justice
For a change of pace, we checked out the first episode of a new (and terrible) TV show called "Chicago Justice," produced by an obviously-now-mailing-it-in Dick Wolf (of "Law & Order" fame). We were joined by our good friend, Ris McCool.
...
2017-03-31 16:30:20 +0000 UTC View PostOA56: Jury Secrecy and Pena-Rodriguez v. Colorado
In today's episode, we look at a recent Supreme Court decision that could have wide-ranging effects on future trials.
We begin, however, by "Breakin' Down the Law" regarding House Intelligence Chairman Devin Nunes. Did he just vi...
2017-03-31 02:54:34 +0000 UTC View PostOA55: More on Gorsuch - Was He Just Unanimously Reversed By the Supreme Court?
Today's episode continues our look at appellate jurisprudence, Supreme Court nominee Neil Gorsuch, and the philosophy of originalism that Andrew continues to insist is so extreme ast o be disqualifying.
First, our much-beloved segment "Are You A Co...
2017-03-27 03:40:00 +0000 UTC View PostOA54: Gerrymandering
In today's episode, we look at the history and potential future of gerrymandered congressional districts.
We begin, however, with a listener question that's come to us from multiple sources, including Patrons Greg Boettcher and Adrian Borschow, who...
2017-03-24 02:31:29 +0000 UTC View PostOA53: Did Jeff Sessions Perjure Himself & Other Trump-Related Stories
In today's episode, we take a look at a recent claim being made by Sen. Al Franken and others that Attorney General Jeff Sessions perjured himself during his confirmation hearings.
First, we begin with an examination of some legal issues in th...
2017-03-21 04:48:15 +0000 UTC View PostTTTBE #15: Andrew is Sick Edition
Sorry for the abbreviated post, but my excuse is right up there in the title. The answer is "A," which Thomas almost got right before talking himself out of it.
2017-03-19 16:58:22 +0000 UTC View PostOA52: Thomas Knows Words! Thomas Has The Best Words!
In today's episode, we look at some legal terms that our patrons asked us to define. In a twist, however, the guys switch chairs and Andrew asks the ...
2017-03-17 03:28:41 +0000 UTC View PostOA51: The Grimm Reality About Transgender Bathrooms
In today's episode, we take a look at the recent Supreme Court decision to rescind its grant of certiorari in the 4th Circuit opinion of Grimm v. Gloucester County School District. What happened, and what does this m...
2017-03-14 02:57:10 +0000 UTC View PostTTTBE #14: Daylight Savings Time-inspired Super Super Early Answer for Patrons
This was a question involving the tort of intentional infliction of emotional distress (IIED). In the hypothetical, a psychopath tortures the plaintiff's father outside of the plaintiff's presence, which is obviously distressing, and the plaint...
2017-03-12 16:45:21 +0000 UTC View PostOA50: Obama's Fiduciary Rule (With Guest Ben Offit)
In today's episode, we take a look at a rule first proposed by President Obama's Department of Labor in 2016 that would require financial advisers to abide by a "fiduciary" duty with their clients. What does that mean? Listen and find out...
2017-03-10 06:19:20 +0000 UTC View PostSecret Thread That Thomas Isn't Allowed to Read
Hi patrons!
One of the ideas we had for an upcoming episode was to define common legal terms that you see everywhere but maybe aren't entirely sure what they mean. (I loved the question I got about the difference, if any, between a lawyer and...
2017-03-08 21:32:29 +0000 UTC View PostOA49: Why Originalists Don't Belong on the Supreme Court
In today's episode, we take a long look at the judicial philosophy of "originalism" made popular by former Supreme Court Justice Antonin Scalia and advocated by his would-be replacement.
First, we begin with a question from Jodi, who asks Andr...
2017-03-07 05:14:19 +0000 UTC View PostTTTBE #13: Early Answer for Patrons
This was a question regarding the "excited utterance" exception to the hearsay rule where a man observing an accident shouted out "Holy crap! That guy was going a hundred miles an hour" just after an accident and a woman, not looking at the scene, he...
2017-03-06 01:11:35 +0000 UTC View PostLAM 4: Changing Lanes
Special thanks to Charone Frankel for picking like the best possible movie. What do you get when you mix Ben Affleck, Sam Jackson, and absolutely no grasp of how the law works? You get this movie, that's what. Listen as Andrew, Thomas, and guest Sam ...
2017-03-04 05:50:45 +0000 UTC View PostOA48: Three Cases You Care About - Planned Parenthood, Gay Florists, and Litigious Quacks
Today's episode is a little bit different than our usual format; today, we take a look at three cases that our listeners have asked about on Twitter and Facebook.
First up is an order entered by the U.S. District Court for the Western District of T...
2017-03-03 05:52:37 +0000 UTC View PostOA47: Is This The Gun Control Case That Could Overrule DC v. Heller?
In today's episode, we take a look at the just-decided case of Kolbe v. Hogan out of the United States Court of Appeals for the Fourth Circuit. Is this case as big a deal as people are saying it is?
We begin, however, with ...
2017-02-28 03:24:45 +0000 UTC View PostTTTBE #12: Early Answer for Patrons
The answer to the question was (A) -- that the trial court will likely not allow defense counsel to question the witness about her prior citations for pigeon-feeding.
This is another Rule 403 question; the rule states that: "...
2017-02-26 22:50:44 +0000 UTC View PostOA46: What Could Donald Trump's Tax Returns Tell Us? (With Guest Tony Di Fatta) - Part 2
Today's episode concludes our two-part look at one of your most requested questions: what might be in Donald Trump's taxes!
We begin, however, with a listener criticism from Peter Crinklaw, who thinks Andrew gave short shrift to the ...
2017-02-24 05:22:27 +0000 UTC View Post#ReVote2017 is Hot Garbage
Lots of people have been asking about #ReVote 2017 (or #ReVote2016, or whatever they're calling it). Here's a summary of my 16-minute rant:
It is a scam.
The lawsuit is hot garbage.
The Supreme Court has expedited the path t...
2017-02-24 04:18:51 +0000 UTC View PostOA45: What Could Donald Trump's Tax Returns Tell Us? (With Guest Tony Di Fatta) - Part 1
In today's episode, we take a look at one of your most requested questions: what might be in Donald Trump's taxes!
We begin, however, with a preliminary question from Jim Sabatowski, who asks us what's the big deal with Trump's ...
2017-02-21 08:02:20 +0000 UTC View PostTTTBE #11: Early Answer for Patrons
The answer to the question was (D) -- that the plaintiff was required to introduce the MRI report under the "best evidence" rule. Sadly, Thomas got this question incorrect, and is now 6-for-11 (54.5%) and in danger of failing t...
2017-02-20 17:32:29 +0000 UTC View Post