Net Neutrality – Opening Arguments

Today’s deep-dive Tuesday tackles that viral case caption you’ve probably seen floating around Twitter: “United States v. 1,855.6 pounds of American Paddlefish Meat.” Is the sack of fish meat really going to have to show up in court? Will it have a lawyer??!? Listen and find out!

We begin, however, with a roundup of all the lawsuits filed against Matthew Whitaker, including the most recent one brought by Senators Blumenthal and Hirono. Oh, and we check with an op-ed written by… the Torture Guy? What’s going on here??

The main segment delves into in rem jurisdiction in order to explain the “paddlefish meat” caption. If you like legal minutiae — and let’s be honest, you’re listening to this podcast — you’ll love this segment.

Then, it’s time for a truly great listener question holding Andrew’s feet to the fire on Net Neutrality and the Munsingwear doctrine. It’s not an Andrew Was Wrong, but it is an… Andrew Could Have Explained That Better? Either way, you won’t want to miss it.

Finally, we end with the answer to Thomas Takes The Bar Exam #102 on hearsay. Find out if Thomas’s coin can pass the bar exam! And as always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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

Click here to check out Lawfareblog’s clearing house for Whitaker complaints, and click here to read John Yoo’s (surprising) op-ed arguing that Whitaker’s appointment was illegal.
If you want to read the actual meat filing, click here.
Special shout-out to law professor Brian L. Frye for tipping us off to United States v. 43 1/2 Gross Rubber Prophylactics!

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Download Link

Today’s (thankfully) Kavanaugh-free episode — in honor of Thomas’s appearance at QED in Manchester — takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality. Oh, and we revisit OA’s favorite legal genius, Stormy Daniels. Strap in, it’s going to be a fun ride!

We begin with a lengthy discussion of the UK Supreme Court’s ruling in Ashers Baking Co., which has been called the “Masterpiece Cakeshop of the UK.” Is that accurate? Listen and find out!

Next, we walk through California’s effort to protect Net Neutrality in that state, and the lawsuits filed by parties on all sides. What’s going to happen? We tell you!

Finally, we take a brief look at Stormy Daniels and update you on the status of her lawsuit in California.

And then, of course, we end with an all new Thomas (and Chad) Take The Bar Exam #97 regarding the tort of negligent misrepresentation. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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