OA510: Liberty University Punished Women Who Reported Sexual Assaults, According to Complaint

The main segment of today’s show is what is known in the industry as a huge bummer. Liberty University is facing a lawsuit filed by 12 women who allege that they were sexually assaulted, and that their assault was handled horribly by the University. They also allege that Liberty’s code of conduct made it more likely that they would be assaulted. It’s grim, but it’s a necessary story to cover and Andrew has the full legal breakdown for us. In our first segment, we hear from some people who are on the ground at the Texas legislature.

Links: Abbott vetoes funding, The Liberty Way, lawsuit against Liberty University, 20 U.S. Code Chapter 38, John ED Larkin, 18 US Code § 2255

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OA509: Kraken Lawyers Get Full Dressing Down; the Cosby Release is EVEN MORE Worse

I’m going to go ahead and say this sanctions hearing was the most popular one in the history of law. It was so good, expect it on a future Law’d Great Sanctions Hearings, available on Patreon! Andrew breaks down some highlights here and lays out what we can expect to actually happen. Then, it’s the Cosby case revelation Andrew has teased for weeks. Why is that entire saga even more worse than we originally said? Find out.

Links: the hearing, multiple sanctions requests by… everyone, Rule 11, Emily P. Newman – Lawyer working to suppress legally cast votes, Lin Wood in Delaware case, Wood needs sanctions on top of sanctions, Campbell motion to release video, Rule 413, Cosby opinion, Cosby civil suit docket, motion for sanctions, Cosby motion to strike, response, forgotten until 10 yrs, Rule 5.1.5, AP renews motion, granted

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OA508: Texas Democrats Flee the State to Stop Republican Voter Suppression Bill

Don’t mess with Texas Democrats! Governor Abbott called an emergency session, not to fix the failing power grid or anything else important, but to ban knowledge and to restrict voting. Texas Democrats are not having it. They’re playing the kind of hardball many of us have been thirsty for in this era. Andrew explains the situation and why it’s a very good strategy. Then, Andrew does a victory lap for his accurate predictions in the hilarious lawsuit filed by Roy Moore against Sacha Baron Cohen!

Links: 2021 Texas legislative session,  Texas House faces deadline, Anti-trans bill, Abbott 87th Special Session Agenda, Bill Text: TX SB3, Texas House Rules, Ep. 3 Official Clip | Who Is America?, case dismissed, Moore waiver agreement

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OA507: Who Knows What Evil Right Wing Judicial Activism Lurks in the Heart of the Supreme Court? The Shadow Docket Knows…

We are still not done telling you how bad this Supreme Court is. One thing that may help make sense of why this court is portrayed as more centrist than it is is their use of the shadow docket. So, Listener Thomas S. asks, what is a shadow docket? Do you have to fight shadow Link there? Or maybe shadow John Roberts? What cases are moving through the shadow docket and how right wing are these results? Andrew breaks it down. Then, case that has been requested by so many of you! A comic book store is suing a hotel, and they submitted a complaint partially in…. COMIC BOOK FORM! Is that legal? How will it be recieved? Listen and find out!

Links: the Knight case, Third Planet Sci-Fi and Fantasy Superstore v. ASDN Houston, Rule 12. Defenses and Objections, Rule 91 – Special Exceptions, Tex. R. Civ. P. 91

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OA506: Trump’s Desperate, Harebrained Lawsuit Is Garbage and Deserves Sanctions

And while we’re on the topic of sanctions, Rudy Giuliani can no longer practice law ANYWHERE for the time being, and the Kraken lawyers are all set to receive their sanctions as well. Turns out there are consequences for lying your ass off in official court filings, if you do it long enough. So listen in for a detailed breakdown of some truly terrible lawyering!

Links: Rudy suspended in DC, DC Rule XI. Disciplinary Proceedings, where to listen to the sanctions hearing, Detroit sanctions motion, Trump sues Facebook, Twitter, and YouTube, Save the Constitution From Big Tech – WSJ, Yale Professor Jed Rubenfeld Suspended for Sexual Harassment

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OA505: The Supreme Court Is a Partisan Instrument of Destruction on Behalf of the Republican Party and We’re Going to Keep Telling You This Until the Media Stops Raving About How Centrist John Roberts Is

This easily breaks the record for longest show title. But seriously, we’re fed up with this bogus Supreme Court coverage. In our main segment, Andrew has the full breakdown of Brnovich and just how terrible it is for voting rights, AND how much Alito and the conservatives are legislating from the bench. They are simply overwriting laws they don’t like to accomplish right wing goals. This is pretty much an Andrew Was Right show, as the first segment is all about the Florida social media law being enjoined exactly the f how Andrew predicted. Then, to make us all feel better, we read some really great listener mail! Trust me, you won’t want to miss it. It’s delightful!

Links: FL SB 7072, injunction

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OA504: Cosby Released in Nonsense Ruling

Purely speaking in legal terms, the Cosby release is even WORSE than you have likely heard. It’s a complicated breakdown, but that’s what Andrew is best at! Listen in to understand just how bewildering this ruling was. After that, Andrew gives us a very quick take on the Trump Org indictments.

Links: Cosby opinion, Saylor dissent, Section 3125 – Title 18, Rule 404 – Character Evidence, Commonwealth v. Stipetich

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OA503: Finally! Consequences for Rudy Giuliani

If you’ve listened to this show long enough, you know that it is seemingly impossible to be dishonest and corrupt enough for the Bar to do something about it. Well, Rudy Giuliani found a way. The NY bar has slapped him down in a way that our esteemed Andrew Torrez has never seen before. Also, we’ve got an update on how Christian Healthshare Ministries are STILL a scam. Then, we talk about Cedar Point Nursery v. Hassid, in which the Court badly mangles eminent domain. Having just heard our deep dive in episode 500, you’ll be able to spot how terrible this decision is as well! And, Andrew was right on Mahanoy v. BL!

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OA502: Why Critical Race Theory is Indispensable

This is a continuation of Episode 501’s exploration of a rather arcane bit of legal jurisprudence that has somehow become the target du jour of the right wing, from Matt Gaetz to Newsmax to… well, Matt Gaetz again. That’s right, it’s an explanation of what critical race theory actually is, and whether it should be banned. (Hint: no)

In this episode, you’ll learn more about the definitely NOT Marxist postmodern critique of language and legal textbooks, including an in-depth discussion of a case you probably have never heard of — Johnson & Graham’s Lessee v. M’Intosh, 21 U.S. 543 (1823). And if you have heard of the case, then a) you’re probably a lawyer or law student, and b) you should thank a critical legal studies theorist!

We’ll also get in depth with two of the founders of the CRT movement, Mari Matsuda and Kimberle Crenshaw. Learn what their unique contributions to legal scholarship were and are, and decide for yourself whether this is too dangerous for grad students to even read.

Finally, we’ll delve back into the one-man astroturf unit that is Christopher F. Rufo and learn how he’s deliberately misleading everyone about what CRT is in order to stoke a moral panic. This is an episode you don’t want to miss & might want to share even with your Uncle Frank!

Finally, we do an Andrew Was Wrong on Arrow’s Theorem as math professors rise up and storm our studio.

Links

  1. We first discussed CRT in Episode 501; go check that out if you haven’t yet.
  2. Andrew definitively stated that he was not a CRT theorist & believed there are right answers in the law in Episode 477 critiquing originalism.
  3. Florida’s latest law is HB 233 on “intellectual freedom and viewpoint diversity,” which kind of contradicts the whole banning CRT thing.
  4. Check out Richard Delgado & Jean Stefancic’s “Rodrigo’s Reappraisal” (2021).
  5. You can read Johnson & Graham’s Lessee v. M’Intosh, 21 U.S. 543 (1823) for yourself.
  6. The Rufo timeline we mentioned was published in the Wall Street Journal, and you can check out the text of Trump’s executive order here. You can also read his garbage article in the NY Post… you know what? I’m not going to link that. He’s terrible.
  7. You should definitely read Mari Matsuda’s Public Response to Racist Speech: Considering the Victim’s Story (1989) and Kimberle Crenshaw’s Mapping the Margins:  Intersectionality, Identity Politics, and Violence Against Women of Color from the 1991 Stanford Law Review.
  8. Finally, I would also recommend reading Aya Gruber’s “Against Carceral Feminism” (2021).

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OA501: Critical Legal Studies and Critical Race Theory

If you’ve heard the buzz about Critical Race Theory lately, you… probably have absolutely no idea what it actually is because the people who have already passed laws in several states banning it don’t even know. But if you’ve heard an informed person talk about it, you may have heard that it has its roots in the law. Well then, what better place to give you a deep dive than on a law show! So what is Critical Legal Studies? How did it pave the way for Critical Race Theory? OA is on the case!

Links: Why are states lining up to ban critical race theory?, The Wedge Document, Critical Race Theory Briefing Book, Florida’s New Law, Helms Stalls King’s Day In Senate, Marxism, Understanding Marx, Understanding Modernism, Postmodernism, The Bridge: Critical Theory: CLS Movement, The skin trade Posner review

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