law

#T3BE Full Question Text for Patrons

OA365: Every Melody Ever, Part 1

Today's episode brings you our first look at the efforts by Damien Riehl and Noah Rubin to copyright "every melody ever" as part of a way of reconceptualizing copyright law as it applies to music.  SPOILER:  We're going to have Riehl and Rubin on the show to discuss their work in more depth.  We also discuss Chevron deference and a recent dissent by Clarence Thomas that's No Laughing Matter.

We begin with a deep dive into the Riehl and Rubin "Every Melody Ever" e...

#T3BE 168 - Early Answer for Patrons

Thomas got back in the win column with an easy one this week.  Yes, it was (C), ex post facto.  Sometimes you have to not overthink it.  Thomas is now 93-for-168 (55.4%).

QnA 29 is Live!

Come hang out!!!

Andrew's Full Lecture!

We hope you enjoy Andrew's full sports law guest lecture as a thank you for being patrons!

OA Bonus: Baseball Law Slides

We'll be uploading the audio later today, and here are the slides that accompany Andrew's lecture!

OA364: Will The Supreme Court Shield Trump's Taxes? (No.)

Today's episode takes a deep dive into the just-filed briefs in the Trump v. Mazars litigation pending before the Supreme Court regarding the legitimacy of the House's subpoenas for Trump's tax returns.  Is the law on the House's side?  (Yes, yes it is.)  Are we confident that the Supreme Court will rule the right way in a case this bad?  (Maybe?)  In any event, you'll want to listen!

Announcements

1. Don't forget our 2020-02-28 04:38:59 +0000 UTC View Post

#T3BE 168 - Full Question Text for Patrons

Q&A Live Thread for THIS SUNDAY, March 1!

Tune in live on YouTube on Sunday, March 1 at 1:30 pm Eastern / 10:30 am Pacific.  And you know the drill - submit your questions here and upvote with the heart the ones you want to see answered!

OA363: Good News About Ex-Felons in Florida

Today's episode brings you some good news from the 11th Circuit Court of Appeals with respect to Florida's effort to restore the vote to felons who have completed their sentences -- and the Republicans' ongoing efforts to stop it.  We also revisit the emoluments clause litigations pending in two jurisdictions as well as tackle a novel question from one of our listeners.  You won't want to miss it!

We begin with a brief Andrew Was Wrong / Andrew Was Right segment regarding emol...

The Briefs 3!

We were going to take a week off of videos, but then this happened! Share it out!

#T3BE - Early Answer for Patrons

Well, this was a disappointing end to Thomas's 7-question win streak, with an answer that made so sense to him (and likely not many of you, either).  Thomas picked (D), but the correct answer was, in fact, (B).  He's now 92-for-167 (55.1%).

OA362: The Pardon Power (Or: Blagojevich, Milken, and Trump, Oh My!)

Today's episode takes a deep dive into the history and contemporary use of the Presidential pardon power in light of President Trump's decision to pardon and/or commute the sentences of 11 various and sundry monsters.  We figure out exactly what the power was supposed to mean and what it means today.

We start off with some pre-show teasers.

After that, our "A" segment looks at the basics of the Nevada caucus, including the results you can expect the day after this show drops!...

#T3BE 167 - Full Question Text for Patrons

OA361: DC Sides with Trump in Emoluments Case?

Make sure to subscribe to the YouTube Channel!
Today's episode features a quick Andrew was... something segment about the ERA. Then we talk about the recent ruling in an emoluments case against Trump. Was it devastating or was it expected? Listen and find out! Then we tackle some great listener questions at the end.

Appearances

None! If you’d like to have either of us as a guest on your show, dr...

#T3BE 166 - Early Answer for Patrons

Thomas's winning streak now runs to 7 by picking (D)!  He's now 92-for-166 (55.4%)!

Episode 2 of The Briefs is Out!

Please pretty please, watch, share, and subscribe!

OA360: The Tuesday Afternoon Massacre

Today's episode covers the "Tuesday Afternoon Massacre," in which Donald Trump's tweets prompted his sycophantic Attorney General, William Barr, to overrule career prosecutors and file a "Supplemental and Amended Sentencing Memorandum" reversing the government's position from literally the day before in order to urge leniency on convicted criminal Roger Stone.

We begin, however, with a less-than-exhaustive (but exhausting) recitation of the various ways Trump h...

#T3BE 166 - Full Question Text for Patrons

OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Make sure to check out our YouTube video and subscribe to the channel! https://www.youtube.com/watch?v=Jh69ZSnZzc4&t=1s

Today's EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia.  Since that's the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than ...

#T3BE 165 - Early Answer for Patrons

By choosing (B), Thomas's win-streak has reached an impressive six in a row!  He's now  91-for-165 (55.2%).

First Video is Here!!! Nancy Pelosi: Document Law FUGITIVE!

The first OA Brief is live! Please please please share it out and subscribe to the channel! We hope you like it, and would like to thank the great Callie Wright extensively for her brilliant editing and hard work. 

Here's to a new phase of OA!

EXCITING ANNOUNCEMENT!

Opening Arguments is finally going to try to take YouTube by storm! Andrew and I have been wanting to make video content for a while, but it's super challenging, especially with our 2 podcast a week schedule. However, we think we've found a format that will work. It's called "Opening Arguments: The Briefs!"
The idea is to try to grow our audience and increase the number of people who get to learn from Andrew as we all have. Merely putting our episodes on youtube might be ok but is really j...

QnA 28

Sorry for the delay in posting this! Feel free to alert me (Thomas) next time I forget. 

OA358: Can Trump Block New Yorkers From Global Entry? (No.)

Today's episode takes place in the aftermath of the Trump impeachment sham.  We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York.  Can he really prevent New Yorkers from using Global Entry?

Before that, we have to cover the latest in faux outrage, in which America's Dumbest Congressman (TM), Matt ...

#T3BE 165 - Full Question Text for Patrons

OA357: Ok, WTF Iowa?

We're on for a bonus pod talking about the bungled Iowa Caucus. 

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.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  2020-02-04 22:30:39 +0000 UTC View Post

OA356: The Future of Flynn (w/guest Marcy Wheeler)

Today's episode features an in-depth interview with investigative journalist and prolific blogger Marcy Wheeler (a.k.a. emptywheel), who has a novel take on Lt. Gen. Michael Flynn who, as our listeners know, fired Covington & Burling, hired a loon, and has tried to withdraw his guilty plea.  Marcy tells us what she thinks this means!

We begin with a bit of analysis and some kind words from a listener in light of the disappointing Senate vote to block witnesses that cam...

#T3BE 164 - Early Answer for Patrons

Thomas's winning streak rolls on to 5 in a row with (B)!  He's now 90-for-164 (54.9%).

OA355: Honest Answers to Impeachment Questions

Today's episode tackles six questions raised during the first day of cross-examination at the impeachment of President Trump and gives you the real answers, from a legal point of view, minus the spin (on both sides)!  We tackle the standard for impeachment, past judges who have been impeached, the will of the Framers, and much, much more!

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Remember that Alan Dershowitz h...