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Episodes

OA166: The Taint Team (& Also, Alex Jones)

4/18/2018
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In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI's search of the offices of Michael Cohen, alleged lawyer to Donald Trump and... Sean Hannity?!? First, we begin with a finishing move from one of our pro wrestler listeners, updating our story that we first covered in Episode 163. (Is it the Million Dollar Dream? Listen and find out!) In the main segment, we break down all that happened (and all that's yet to come!) in...

Duration:01:31:06

OA165: You Heard It Here First! (Abortion Rights, Gun Control, and Offensive Trademarks)

4/17/2018
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Note: The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law. You've been warned! In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent White House Executive Order regarding the last few fraying strands of our social safety net. After that, we revisit three cases we told you we'd be keeping an eye on. First, we look at the aftermath of Jane Doe v. Wright, which we...

Duration:01:08:29

OA164: As American As Baseball, Hush Money, and... Segregated Schools?

4/13/2018
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In this rapid-response episode, Thomas and Andrew take a look at the FBI's search of the offices of Michael Cohen, Donald Trump's personal lawyer and alleged "fixer." First, we begin with a discussion of a curious legal move by the Miami Marlins, alleging that they are, in fact, a ... citizen of the British Virgin Islands?? In the main segment, we find out that Andrew Was Right when he declared Stormy Daniels "A Legal Genius." How right? Listen and find out! Next, we take a return trip to...

Duration:01:21:31

OA163: Whatcha Gonna Do, Brother? OA vs. Sinclair Broadcasting, the CLOUD Act & the WWE

4/10/2018
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Today's episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill. First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV stations reading pro-Trump talking points on the air. How did this happen? What leverage does Sinclair have over your local newscaster? Listen and find out. During the main segment, the guys break down the CLOUD Act and what it means for international data privacy. After that,...

Duration:01:01:56

OA162: Tariffs and Trade

4/6/2018
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In this rapid-response episode, Thomas and Andrew take a look at the Trump administration's recently-announced tariffs on China, China's response, and the future of free trade. In the pre-show segment, it's time for a lengthy Andrew Was Wrong segment. From .22s to time zones, Andrew cops to the things he got wrong last week, ending with a discussion of the emoluments lawsuit discussed in Episode 160. In the main segment, Andrew discusses the Trade Act of 1974 and whether it allows Trump to...

Duration:01:04:10

OA161: Gun Control & the Constitution

4/3/2018
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Today's episode takes an in-depth look at gun control. First, we answer two listener questions about originalism and the Second Amendment, including a provocative one about whether DC v. Heller deserves stare decisis respect under Andrew's model of jurisprudence. The answer may surprise you! In the main segment, we examine HR 5087, the most recent gun control bill to be introduced in Congress. What's in it? What kinds of laws are Democrats looking to pass in light of the Parkland massacre?...

Duration:00:59:10

OA160: Schrodinger's Andrew

3/30/2018
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In this rapid-response episode, Thomas and Andrew take a look at the things Andrew Was Right about over the past few weeks (yay!) as well as the things Andrew Was Wrong about (boo!). It's Schrödinger's Andrew Day! In the pre-show segment, the guys go through the scenario for all of our Opening Arguments Community March Madness potential winners. After that, it's time for Andrew Was Right! (TM). We cover the Alex van der Zwaan sentencing memorandum and what it means for Yodel Mountain, as...

Duration:01:11:59

OA159: What Was So Bad About Watergate? Part 1: The Saturday Night Massacre

3/27/2018
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Today's episode takes our time machine back to 1972, as Richard Nixon's Committee to Re-Elect the President ("CREEP") planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation's history when a President has resigned in disgrace. Exactly what happened? In this episode, we talk about the "Saturday Night Massacre," and what it means today. First, though, we examine the unintended consequences of the Republican tax bill...

Duration:01:07:08

OA158: Cambridge Analytica

3/23/2018
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In this rapid-response episode, Thomas and Andrew discuss the scandal regarding Cambridge Analytica. Is there a legal angle? Have crimes been committed? Listen and find out! In the pre-show segment, Andrew helps out our reporters by giving theme the question they need to be asking regarding Stormy Daniels, which is: "Now that you’ve acknowledged that you’re DD, and you’ve sued Stormy Daniels for $20 million, can you tell us what claims you had against Ms. Daniels that you believe you...

Duration:01:12:56

OA157: Are Originalist Judges Qualified? (w/guest David Michael)

3/20/2018
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Way back in Episode 49, Andrew argued that lawyers who claim to follow in the footsteps of Antonin Scalia-style originalism should be disqualified from serving on the U.S. Supreme Court, and that Democrats on the Senate Judiciary Committee need to be challenging Scalia's acolytes (like Neil Gorsuch) on their underlying philosophy and not just their compassion (or lack thereof). In this episode, friend of the show David Michael challenges some of the points made by Andrew in the original...

Duration:01:26:58

OA156: Conor Lamb & Pennsylvania Recounts

3/16/2018
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In this rapid-response episode, Thomas and Andrew discuss Congressman-elect Conor Lamb's victory in Tuesday's PA-18 special election and whether the Republicans will be able to recount the results. After that, Andrew walks through the history of prior restraint under the First Amendment in light of a recent Nevada decision denying the request of the family of one of the Las Vegas massacre victims to suppress his autopsy report... and what that might mean for friend of the show Stormy...

Duration:01:11:58

OA155: Corporations Are People, My Friend... (and More Stormy)

3/13/2018
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Today's episode tackles a popular article in The Atlantic which implies that, but for the machinations of one dude in the 1880s, corporations might not be "people," today. Is it true? Listen and find out! First, though, we continue to examine the legal genius of Stormy Daniels by answering some of the most common questions raised in response to our episode. This begins (sadly) with a brief "Andrew Was Wrong" clarification about the operative campaign disclosure requirements as well as an...

Duration:01:20:13

OA154: Stormy Daniels is a Legal Genius

3/7/2018
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This emergency episode examines the Complaint filed by Stormy Daniels seeking a legal determination that the Settlement Agreement entered into between her, Donald Trump's lawyer, and (allegedly) Donald Trump is not legally binding. We honestly believe that this is a much bigger bombshell than is being portrayed by the press. Listen and find out why. We also end with an all-new TTTBE #66 featuring David Michael. You won't want to miss it! Remember that you can play along with #TTTBE by...

Duration:01:07:29

OA153: March Madness on Yodel Mountain

3/6/2018
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Today's episode takes an in-depth look at the recent FBI investigation into NCAA basketball. First, though, the guys take another trip to Yodel Mountain, stopping at base camp to discuss Michael Rogers, Hope Hicks, Jared Kushner, Rick Gates, and everyone's favorite villain, Paul Manafort. During the main segment, Andrew and Thomas cover the recent expose by Yahoo regarding college basketball coaches allegedly paying for top talent. What does this mean for the future of the sport right...

Duration:01:07:57

OA152: Discrimination is for Dick's?

3/2/2018
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In this rapid-response episode, Thomas and Andrew discuss the 2nd Circuit Court of Appeals' en banc decision in Zarda v. Altitude Express, ruling that Title VII of the Civil Rights Act of 1964's ban on discrimination on the basis of sex applies to sexual orientation as well. This is a follow-up to our prior discussions of this issue back in Episode 60 and Episode 91. In the initial segment, Andrew tackles a question from Twitter about the James Damore lawsuit and employment law in general...

Duration:01:24:52

OA151: Equal Access, the Americans With Disabilities Act, and HR 620

2/27/2018
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Today's episode takes a look at HR 620. What does it mean, and why does Congress want to make changes to one of the most successful, bipartisan, and beloved pieces of legislation in the past 30 years? First, though, the guys update break down a recent decision from the Eastern District of New York also enjoining Trump's rescission of DACA. Why did a second court block Trump's order? Listen and find out! During the main segment, Andrew walks us through the history of the Americans with...

Duration:01:03:21

OA150: Janus, The Angry Roman God Of Doorways (And Labor Law?)

2/23/2018
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In this fast-breaking episode, Thomas and Andrew preview a significant labor case scheduled for oral argument before the Supreme Court this coming Monday, Janus v. AFSCME. You'll know all about it before the news breaks! In the initial segment, "Andrew Was Wrong" returns with listener criticism over our repetition of the common media statement that Parkland was the "18th" school shooting of 2018. After that, Andrew walks us through Janus v. AFSCME and its implications on the future of...

Duration:01:13:32

OA149: Russian Indictments & Utah Silence (feat. Bryce Blankenagel)

2/20/2018
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Today's emergency episode breaks down the indictments issued in the Mueller probe on Friday, focusing on the shadowy, Putin-funded Internet Research Agency. What does this mean in terms of Yodel Mountain? Listen and find out! After that, we have a lengthy interview with friend of the show Bryce Blankenagel of the Naked Mormonism podcast. Bryce comes on the show to break down the Rob Porter scandal, an innocuous-sounding bill before the Utah state legislature, and the puppet-mastery of the...

Duration:01:28:44

OA148: The Parkland Massacre

2/15/2018
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In this emotional episode, Thomas and Andrew begin by discussing the recent school shooting at Marjory Stoneman Douglas HS in Parkland, Florida. After that, the guys break down the recent settlement between Waymo (the Google-backed automotive company) and Uber regarding allegations of stolen trade secrets in the nascent self-driving car industry. Then, Andrew updates us on the state of gerrymandering litigation in Pennsylvania and before the Supreme Court. Finally, we end with an all-new...

Duration:01:18:35

OA147: The Satanic Temple (featuring Lucien Greaves)

2/13/2018
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Today's episode features a full-length interview with the co-founder of The Satanic Temple, Lucien Greaves. This episode is part of a two-part crossover with Episode 119 of Serious Inquiries Only. In this episode, we talk about TST's lawsuit challenging Missouri's abortion law and other issues at the forefront of church-state separation. After that, we end with the answer to Thomas (and Lucien!) Take the Bar Exam Question #62, a fiendishly difficult question about the Statute of Frauds....

Duration:01:01:22

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