What Should OA Cover This #RapidResponseFriday?
Added 2024-04-17 21:37:08 +0000 UTCYou know the drill, what do you want to hear OA cover for Friday?
Please let us know! And also, please use that heart button on comments to give us an indication of numbers, so we can gauge interest!
And, if you have specific legal questions on a given topic, feel free to comment with them!
Comments
I'd love to hear Matt's take on the FTC banning noncompete clauses. As someone that might benefit by this, I'm all for it, but I'm worried the courts will disagree, and I'll end up in some strange limbo where I get caught by a clause that becomes enforceable again one day.
Scott Seligman
2024-04-25 00:07:52 +0000 UTCI think we should cover Matt's prior career as a cult indie film actor...
Matt is a movie star ask him about The Gamers
2024-04-20 00:14:23 +0000 UTCDid you listen to the t3be? Because I'm pretty sure that is the answer I looked up the case law after I guessed and yes. Even though I guessed wrong, I think the right answer is that pledges are non binding unless a charity acts on it. Which is insane but either I don't know how to read caselaw (which is very possible) or that is the case.
John of the bankruptcy pirates
2024-04-18 20:19:09 +0000 UTCwh... what the hell? So wait you can make a non binding pledge and it becomes a contract if the charity unilaterally takes action in response to the pledge?!
Alex The Apologetic (that his name is too long)
2024-04-18 20:12:07 +0000 UTCAt least that is how it appears to me, but I'm an interested amateur and I would love to know how someone with a background in criminal law sees it. They'll probably go that it doesn't hold together. Heck I just found out that pleges aren't binding but if a charity acts on a pledge that can make them binding. Which makes the law sound like magic to me because that seems insane
John of the bankruptcy pirates
2024-04-18 19:38:12 +0000 UTCI think the interference in itself is fine. It could be a tort or might not rise to it. It would be an argument in any case and only civil. But it doesn't matter. I could release information that will ruin your reputation. That isn't a crime if that information is true. But if I demand money to not do it. that is extortion. The corrupt intent takes something that would not overeise be criminal and makes it so.
John of the bankruptcy pirates
2024-04-18 19:34:39 +0000 UTCAh, so you are saying that the demand for money is inherently proof of corrupt intent? Hmm. Ok I actually do like that line of reasoning, but the issue is then is the interference really interference? I think the other side of this would argue a better analogy is this: You own and maintain the parking lot in front of a local store that everyone uses. You go to the store and demand they pay you $5 per person that visits the store (not just per person parking in my lot), or else you will put up signs that say "no parking for customers" and tow anyone who parks there anyway. Imo there are a ton of weird and icky questions behind this, but I think its hard to argue corrupt intent given the fact that Trump does manage and maintain the Trump political brand, and it could be reasonable to assume that such work entitles him to some sort of compensation. (even if the courts find it not to be true) The other icky question is the one where Trump's demand applies globally to all fundraising, not just the fundraising gained from Trump branded ads. That could maybe give rise to an interference claim, but its hard to disentangle what fundraising was and was not caused by Trump. Honestly... Lots of arguments could be made here.
Alex The Apologetic (that his name is too long)
2024-04-18 19:24:00 +0000 UTCThomas was absent from the Supreme Court - any guesses where he was?
KeepingThePlatesSpinning
2024-04-18 19:17:50 +0000 UTCI'm sure the voir dire in the trump "hush money" case will make the list, but I'm not sure if you want to wait till it's complete to review it. I'm reading about all kinds of nonsense going on.
What are you looking at dicknose
2024-04-18 18:42:29 +0000 UTCI just have to say that there are so many good ideas in here!!! Love hearing from all the patrons every week.
Lydia Smith
2024-04-18 16:29:39 +0000 UTCI’d be curious to hear more about the “Fourth Amendment is Not For Sale Act” that just passed the house. The vote break down was 123 R and 96 D in favor, and 90 R and 109 D opposed. That’s the most controversial and non-partisan bill I’ve seen lol. Makes me wonder what it’s all about
Jenessa Lynn
2024-04-18 15:14:11 +0000 UTCHow do we replace DeJoy?
Sent from Disneyland
2024-04-18 05:48:28 +0000 UTCWhat are the maximum consequences for Trump's hush money trial? Can he actually see a prison cell like Cohen did? Why not?
Jace Browning
2024-04-18 03:25:45 +0000 UTCNot corrupt intent. That just another way of saying mens rais without breaking out the Latin.
John of the bankruptcy pirates
2024-04-18 02:38:49 +0000 UTCCitizens United made so much corruption “legal”
GenXNerd_Eli.is.Keats_AnnaFrogs_SmithVictory
2024-04-18 02:33:44 +0000 UTCNever lie to a court. Ever. Especially about tech!! Your *digital thumbprint is eternal* and can be subpoena by the courts, and you could be jailed or fined or both for being misleading.
GenXNerd_Eli.is.Keats_AnnaFrogs_SmithVictory
2024-04-18 02:32:41 +0000 UTCIt would be if they said unless Trump pays me $1,000,000 I will cancel any contracts with any vendors that do business with Trump. It is the the demand for payment combined with the interference with the ability of another person or business to conduct business. The one adds a corrupt intent to the other By itself the interference is potentially a civil tort, with in combination it becomes extortion Or at least. If I went down to the local store and said give me 5,000 bucks or I'll stand outside your door on the public side walk and scare away customers. I would be charged with a crime
John of the bankruptcy pirates
2024-04-18 02:14:01 +0000 UTCJust cause I think it's interesting and I never heard anyone mention it before in public, talk about the weirdness of the Vienna Convention. We were trained, prior to becoming diplomats, that we would violate US law if we allowed a foreign cop to search us, as the Convention protects diplomats from such searches. The act of a single US diplomat consenting to a search is considered making a unilateral decision to waive the entire country's protections under the Convention. US diplomats stare down guns every week putting their lives on the line because their individual actions could be legally interpreted as voiding a treaty signed by the US government. It's a really weird place we put diplomats in.
We can feed everybody
2024-04-18 02:05:40 +0000 UTCI'd love to hear Matt's thoughts about the Tennessee legislation due to take effect from 1 July 2024 which prohibits chemicals or apparatus being released into the atmosphere with the intention of changing the temperature etc - it would seem to ban closing the roof on a superdome or opening a parasol if the people I follow on Bluesky are correct. Apparently the origin of the new law is the conspiracy theory about chemtrails.
Kaetrin Allen
2024-04-18 01:34:49 +0000 UTCWhen SCOTUS takes a case, is there a period until they rule where it’s kind of a Schrödinger’s law? For example, since Trump’s lawyers argued that the President could set Seal Team Six on a political rival, could Biden have them take out Trump right now on the grounds that if SCOTUS agrees then it’s fine, and if they don’t there’s an Ex Post Facto argument?
A master Satanist is never to be taken lightly
2024-04-18 00:28:20 +0000 UTCSo... I mean... I hear you that it should be illegal and I kind of agree, but what law or principal would it violate? If the Biden campaign announced tomorrow that it would blacklist vendors who did buisness with the Trump campaign, would/should that be illegal? What if it's based on an entirely personal moral judgement, like I blacklist any company that engages in the manufacturer of wepons components, or contraceptives? Not trying to be an apologist for this bullshit because I agree it is dumb and feels illegal, I just want to distinguish this case.
Alex The Apologetic (that his name is too long)
2024-04-18 00:06:18 +0000 UTCDuty2Warn on Twitter is a collection of over 400 medical professionals who make a convincing case that Trump is suffering from some kind of dimensia. How could that affect his cases? Defense strategy, convictions, sentencing, etc.?
Tara Churchill
2024-04-17 23:58:27 +0000 UTCSource: Kjzz website, Leaked document reveals Republican plans to combat abortion initiative , Author Wayne Schutsky
I have nothing BUT contempt for this court
2024-04-17 23:17:25 +0000 UTCSource: https://kjzz.org/content/1877151/leaked-document-reveals-republican-plans-combat-abortion-initiative
I have nothing BUT contempt for this court
2024-04-17 23:16:32 +0000 UTCBack in Arizona There was recent Leaked document that reveals Republican plans to combat abortion initiative, there are some pretty technical and legal manuveurs outlined, might require more indepth knowledge of AZ's ballot initative laws but it also features a cringy power point.
I have nothing BUT contempt for this court
2024-04-17 23:16:13 +0000 UTCEhh, that feels uncomfortablely close to trying to mislead the court... Though yes, you probably should purge your social media of personal details because social media is inherently exploitative.
Alex The Apologetic (that his name is too long)
2024-04-17 23:02:27 +0000 UTCTickle vs giggle - the aussie case, its insane
David Bax (Spinobreaker)
2024-04-17 22:57:19 +0000 UTCMatt’s favorite answer to the question, I’m sure: sovereign immunity.
Austin Flake
2024-04-17 22:47:38 +0000 UTCThis along with the anti-trans AG of Missouri being given access to the medical records of trans patients by a federal court (Missouri v Planned Parenthood) are some major losses this week.
Sylvie Seeker
2024-04-17 22:45:46 +0000 UTCI just listened a t3be. So, a second attempt at contract law... :)
John of the bankruptcy pirates
2024-04-17 22:43:49 +0000 UTCShadow Docket ban on trans healthcare in Idaho. (Rual Labrador v Pam Poe)
Sylvie Seeker
2024-04-17 22:40:50 +0000 UTCMcKesson v Doe. Seems like Scotus just flips a coin on every batshit decision out of the 5th Circuit and this flip came up "fuck the law."
Cameron Kushwara
2024-04-17 22:32:35 +0000 UTC+1 from yet another Minneapolitan - though I was forced to Eden Prairie to get an affordable yard.
Fuzzy Llama
2024-04-17 22:10:29 +0000 UTCLeonard Leo ignoring Senate subpoena. I understand that congressional subpoenas have limited power/effect on other branches of government, but it seems like they can compel individuals and/or corporations, right? See, e.g., Peter Navarro.
Professional-Grade In-Car Audio Guy
2024-04-17 21:48:40 +0000 UTCDo you live in Fulton county? Because gas is big. Also yes you should purge your social media. In my opinion. Not for trying to get on a jury just in general
John of the bankruptcy pirates
2024-04-17 21:46:06 +0000 UTCAZ Gov Katie Hobbs just vetoed a bill to put the Ten Commandments in schools. State legislatures like Texas, Louisiana and Utah have pushed this lately and as a Millennial I feel like I’ve always heard about legislators trying my whole life. Maybe succeeding? I’m not sure with how many Christian fundamentalist issues I’ve had to keep up with and fight against. I’d like to understand this better. It seems to me like the unconstitutionality is clear as day. What legal arguments have been made in favor of allowing clearly religious doctrine to be displayed in government funded public schools? Are there states that have gotten away with this? (Sorry I’m in such a super blue bubble, and also if this has been recently covered I’m a little behind!)
M. D. Nova
2024-04-17 21:45:49 +0000 UTChttps://www.politico.com/news/2024/04/17/trump-campaign-fundraising-five-percent-00152830 For reference
John of the bankruptcy pirates
2024-04-17 21:43:47 +0000 UTCHow about the battle between uber, lift and the city of minneapolis?
Another Minneapolitian
2024-04-17 21:43:23 +0000 UTCI live in Georgia. Should I purge my social media in case I get jury duty, or would listening to this show get me kicked out regardless?
General Jigglypuff
2024-04-17 21:42:50 +0000 UTCThe Supreme Court declining to hear Mckesson v. Doe, the lawsuit brought by an injured Baton Rouge police officer against a BLM protest organizer. The Fifth Circuit concluded that the officer plausibly stated a negligence claim under La. state law. The protest organizer had a duty of care to the police officer and the claim as pled therefore survived a motion to dismiss. SCOTUS denied cert so, as it stands, in the Fifth Circuit private individuals can have a duty of care to not negligently cause harm toward police officers but, under numerous cases, the police do not have a duty to individuals not to negligently harm them. Quite a system.
G. T. Blackwell
2024-04-17 21:41:28 +0000 UTCThe impeachment of Mayorkas and the democrats voting one article as unconstitutional.
Don't use bad yarn as a life line in a fae yarn store. The yarn fairies will immediately remove it and you will get lost.
2024-04-17 21:41:13 +0000 UTCTrump is extorting Republican candidates to contribute to his campaign/ legal defense. How is this not a crime. Specifically saying he will blacklist vendors that do business with candidates that don't contribute at least 5% of their funds to trump. Which sounds like tortious interference and extortion to me,
John of the bankruptcy pirates
2024-04-17 21:40:12 +0000 UTC
