OA216: Court Packing & More (w/guest Chad Schneider)

Today’s (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott’s blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him.  What will happen?  Listen and find out!

First, though, we begin by revisiting our controversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to handle some technical questions and understand the arguments and counter-arguments regarding the proliferation of cheap and dangerous handguns.

After that, we delve into Florida Gov. Rick Scott’s transparent attempt to game the system to pack the Florida Supreme Court.  What does this mean for “Constitutional Hardball” and the state of the law in Florida?  Listen and find out!

Then, we give you a brief preview of next week’s story on California’s net neutrality law.

Finally, we end with an all new Thomas (and Chad) Take The Bar Exam #96 regarding the breach of an employment contract.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

  1. We first discussed 3-D printed guns back in Episode 197.
  2. Click here to read the Slate article on Scott’s effort to pack the Florida Supreme Court, and you can also read the 2017 lawsuit filed by Common Cause (and others) that was rejected by the Florida Supreme Court.
  3. Check out guest Chad Schneider’s business, Root3 Labs.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com


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OA206: Will This ONE WEIRD TRICK Unravel the Mueller Investigation?

Today’s episode takes us back to Yodel Mountain, where we take a look at a popular article making the rounds suggesting that (you guessed it) this ONE WEIRD TRICK might unravel the entire Mueller investigation.  Should you be worried? (No.)

We begin, however, with the rare (but delightful!) Thomas Was Right segment revisiting 3-D guns and the Arms Export Control Act.  What’s going on?  Listen and find out!

In the main segment, we take apart this Politico story suggesting that McKeever v. Sessions hold the key to Yodel Mountain.

After that, we tour what’s left of Yodel Mountain to discuss the latest developments with our buddy Paulie M.  Did he really try to plead out in advance of his next trial?  What’s next on the horizon for everyone’s favorite ostrich-vest-wearing money launderer?

Then, we end with Thomas (and Andrew!) Take the Bar Exam Question #91 regarding the separation of church and state and graduation prayers.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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

  1. Here’s the injunction granted in the 3-D guns case.
  2. This is the Politico story regarding McKeever v. Sessions.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com


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OA200: Reporters and Confidential Sources

Today’s episode takes an in-depth look at the legal protections reporters have (and don’t have) to keep their sources confidential.

We begin, however, with an update on how “Elections Have Consequences,” this time, looking at the state of the House of Representatives in light of last week’s special election in OH-12.

After that, we dive deeply into reporter privilege, beginning with a discussion of the Supreme Court’s decision in Branzburg v. Hayes and continuing through to the recently-proposed Free Flow of Information Act of 2017.

Next, the guys break down the Electronic Frontier Foundation’s take on the 3-D guns.  Do Andrew and Thomas change their minds?  Listen and find out!

Finally, we end the answer to Thomas Takes The Bar Exam #88 about waiver and/or modification of contract.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was recently a guest on The Thinking Atheist podcast with Seth Andrews.  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

  1. Some political links:  click here to read The Hill‘s report on Trump claiming that he was “5-for-5,” and here to check out the Cook Political Report‘s revisions to House races in light of the Balderson-O’Connor race in OH-12,
  2. Click here to read the Supreme Court’s decision in Branzburg v. Hayes, 408 U.S. 665 (1972), and here to read the recently-proposed Free Flow of Information Act of 2017.
  3. We discussed 3-D guns in Episode 197, and you can read the EFF’s take here.  The EFF’s primary case is Herceg v. Hustler Magazine, 814 F.2d 1017 (5th Cir. 1987).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com


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