Opening Arguments show

Opening Arguments

Summary: Every episode, legal expert Andrew and comic relief Thomas will tackle a popular legal topic and give you all the tools you need to understand the issue and win every argument you have on Facebook, with your Uncle Frank, or wherever someone is wrong on the Internet. It's law. It's politics. It's fun. We don't tell you what to think, we just set up the Opening Arguments.

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Podcasts:

 OA273: Sears, Steve Mnuchin & "The Producers" | File Type: audio/mpeg | Duration: 01:15:57

Today's episode features a deep dive into a just-filed lawsuit by Sears against its CEO, Eddie Lampert, and certain directors, including Treasury Secretary Steven Mnuchin. The lawsuit alleges that Eddie & Steve managed to wreck not one but two long-standing American institutions.

 OA272: Impeachment, Redactions, and Russia | File Type: audio/mpeg | Duration: 01:10:21

Today's episode brings you a trio of stories about the changing political landscape in the wake of the release of the [REDACTED] Mueller report; namely (1) will the President be impeached, (2) will we see a full, unredacted version of the report, and (3) just how pro-Russia is this administration, anyway?

 OA271: Dis-Barred (?) – The Mueller Report | File Type: audio/mpeg | Duration: 01:28:50

Today, we break down the just-released [REDACTED] Mueller report. The top-line analysis? This is much worse than we anticipated in Episode 264. This report may not be the end of the road for Trump -- but it almost certainly is the end of the road for Attorney General William Barr.

 OA270: Happy Tax Day! | File Type: audio/mpeg | Duration: 01:10:01

Today's episode brings you a trio of timely stories that all revolve around taxes: the Michael Avenatti indictment (for 29 courts of tax fraud), proposed legislation that some are arguing hamstrings the IRS, and (of course) the status of Congress's efforts to get Trump's tax returns.

 OA269: Julian Assange Arrested | File Type: audio/mpeg | Duration: 01:21:23

Today's episode breaks down the recent arrest of Julian Assange in England and what it means for Chelsea Manning (and Donald Trump!)

 OA268: Article V Conventions (w/Lawrence Lessig) | File Type: audio/mpeg | Duration: 01:29:28

Today's episode revisits the topic Andrew discussed briefly in Episode 252:  Article V conventions convened for the purpose of proposing amendments to the Constitution.  Joining Andrew is Prof. Lawrence Lessig, perhaps the most vocal liberal proponent of such conventions.  Andrew, you may recall, was skeptical and concerned about the risks that such conventions could pose.

 OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe) | File Type: audio/mpeg | Duration: 01:26:48

Today's breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the "originalist" view of the Eighth Amendment. 

 OA266: Auer Deference & Florida Felons | File Type: audio/mpeg | Duration: 01:17:43

Today's classic, deep-dive Tuesday takes an in- depth look at two critical issues in the news:  first, the recent effort by the Republican governor and state legislature in Florida to undo the broadly popular Constitutional Amendment passed during the 2018 midterms to restore voting rights to felons who have completed their sentences, and second, the Supreme Court's next assault on the "administrative state," this time, by likely ending the doctrine of Auer deference.

 OA265: The Investigation is Over, But the Investigations Continue (feat. Randall Eliason) | File Type: audio/mpeg | Duration: 01:23:54

Today's breaking news episode contains a long interview with everyone's favorite former prosecutor, Randall Eliason, who helps answer some nagging questions about what we do know about the Mueller Report (alongside all the things we don't).

 OA264: The Barr Summary of the Mueller Report | File Type: audio/mpeg | Duration: 01:27:57

Today's emergency, late-breaking episode breaks down the Barr Summary of the Mueller Report and gives you some advance warning that the narrative on the Mueller report is about to shift very quickly in the opposite direction.  Get ahead of the story by listening today!

 OA263: Nielsen v. Preap and Due Process Due Aliens | File Type: audio/mpeg | Duration: 01:15:26

Today's breaking news episode contains your guide to the hotly-debated Supreme Court decision in Nielsen v. Preap, regarding how and whether aliens can be detained without due process. 

 OA262: Is Gideon v. Wainwright in Trouble?? | File Type: audio/mpeg | Duration: 01:11:05

Today's episode is inspired by the 56th anniversary of Gideon v. Wainwright, one of the most famous and celebrated landmark Supreme Court cases that guarantees indigent defendants the right to a court- appointed lawyer, which is now under assault from the Supreme Court's furthest right wing.

 OA261: Sentencing Paul Manafort | File Type: audio/mpeg | Duration: 01:34:30

Today's extra-long episode contains your guide to all of the developments involving Paul Manafort over the past week, including a deep dive into exactly how the U.S. Federal Sentencing Guidelines came into effect, when they were mandatory, how they became advisory, and what the hell happened in the Eastern District of Virginia.

 OA260: Res Ipsa Loquitur | File Type: audio/mpeg | Duration: 01:06:51

Today's episode is inspired by a law student listener question about a recent Thomas Takes The Bar Exam hypothetical, and takes a deep dive into the wonderful and wacky world of res ipsa loquitur. 

 OA259: Your Guide to the Congressional Investigations | File Type: audio/mpeg | Duration: 01:23:54

Today's extra-long episode contains your guide to the Congressional Investigations, and specifically the 81 document requests sent out by Rep. Jerry Nadler to various Trump-related individuals and entities in connection with the Democratic Congress's larger investigation into corruption, ties with Russia, and general criminal behavior by the administration.

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