Opening Arguments

Today's episode is a mini-masterclass on Copyright. We begin by answering a question from listener Sue Barnum who asks if a simple list can be copyrighted. After that, we move to the main discussion over the Copyright Act and the "fair use" defense, using as an illustration the recent story where CNN appropriated the graphic from the hit videogame Fallout 4 to illustrate a story about Russian hacking. Did this violate copyright law? Or was CNN's activity "fair use" of the game screen? Next, we answer a fun listener question from Damian Kumor about the portrayal of law in media. What's Andrew's favorite obscure legal TV show? Listen and find out! Finally, we end with Thomas Takes the Bar Exam question #6 about prenuptial agreements. Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show. Don't forget to play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s)! Show Notes & Links Here's the text of Feist Publications v. Rural Telephone Service Co., Inc., 499 U.S. 340 (1991). This article from cnet explained CNN's use of the Fallout 4 graphic. The Copyright Act of 1976 is codified at 17 U.S.C. § 101 et seq. Learn about the incredibly low-rated cancelled TV show "Justice" at its IMDB page. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

Today's episode begins with Breakin' Down the Law in which we discuss the recently-enacted "Frank R. Wolf International Religious Freedom Act," and whether the Act constitutes a significant legal protection for atheists. During our main segment, we are excited to have on Simon Tam, founder of the band "The Slants," for an extended interview that follows up on our discussion of Lee v. Tam from Episode 30. Simon tells us about the history of the band, answers some tough legal questions, and also describes how he combines his music with social justice activism. After the interview, we turn to a listener comment from friend of the show Dr. Dave Hawkes, who helps answer a plausibility question we had from Law'd Awful Movies. Finally, we end with the answer to Thomas Takes the Bar Exam question #5 about the garnishment of wages. For every episode going forward, TTTBE will give you a new question on Friday, followed by the answer on Tuesday. And remember that you can play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s)! Show Notes & Links Learn all about The Slants and download authorized samples of their songs at www.theslants.com. This is the press release issued by the American Humanist Association that also contains the full text of the Frank R. Wolf Act. If you missed our initial coverage of The Slants on OA30, you should go back and listen to that episode! And if you still haven't listened to our free episode of Law'd Awful Movies #1, you can download that here. Finally, this is a copy of the Slants’ Supreme Court brief, which is reasonably entertaining for a legal brief. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

Today's episode begins with a question from Adrien Thuren about the minimum wage. How come restaurants can seemingly pay wait staff less than minimum wage? And if that's legal, why don't other industries don't start paying their employees less than minimum wage too? Andrew tells us why or why not. For our main segment, we bring back guest Chris Kristofco from OA6. In addition to being an ex-lawyer and current-day blogger about the Green Bay Packers, Chris is also a casino employee and former dealer. He joins us to help break down the recent verdict in federal court in New Jersey requiring Phil Ivey to pay back $10.1 million to the Atlantic City Borgata casino. Next, "Breakin' Down the Law" returns with a segment that explains the difference between a "lawyer" and an "attorney." Be honest -- you didn't know the answer, either, did you?? Finally, we end with Thomas Takes the Bar Exam, where Thomas tackles question #5 about garnishment of wages. For every episode going forward, TTTBE will give you a new question on Friday, followed by the answer on Tuesday. And remember that you can play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s)! Show Notes & Links If you like football, and you love (or hate!) the Packers, you should listen to Chris Kristofco's excellent podcast, Titletown Sound Off. If you missed Chris's first appearance way back on OA6, you should go back and listen to his predictions about the "pending NFL apocalypse," and you'll understand why we hold his feet to the fire on this return visit. This is the Washington Post article explaining the Ivey verdict, based on the recent damage ruling. And this is the full text of the October decision by the federal court on liability, which mostly went unnoticed even though it decided the key issue in the Borgata's favor. Finally, this link contains a graphic representation of the purple Gemaco cards that were the subject of the suit as well as the "flaw" exploited by Ivey. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

Welcome to the first Opening Arguments of 2017, and the first episode on our new two-episode-per-week schedule. Just a reminder: we will be releasing these episodes on Tuesdays and Fridays every week. More on scheduling below. Today's episode begins with a far-fetched (but interesting!) hypothetical about what would happen if Donald Trump refused to take the Presidential Oath of Office. We dig into the Constitution, the 20th Amendment, and the 25th Amendment and go down some fun rabbit trails. For our main segment, we return to the McDonald's "Hot Coffee" lawsuit we discussed in OA 29, and tackle some common questions about negligence raised by listeners. Next, "Breakin' Down the Law" returns with a segment that explains the difference between "legalizing" and "decriminalizing" ... stuff. Yeah, "stuff." Finally, we end with Thomas Takes the Bar Exam, where we find out how our intrepid co-host did in answering real-life bar exam prep question #4 about trespass. Going forward, TTTBE will always be an answer on Tuesday followed by a new question on Friday. Remember that you can play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s). Show Notes & Links If you missed OA29, you might want to go back and listen to find out all that's right and wrong about the McDonald's "Hot Coffee" lawsuit. Also, we gave you a little holiday present by releasing LAM #1: The Firm to all of our listeners. If you haven't listened already, we think you'll enjoy it. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

Well, it's finally here: the last Opening Arguments of 2016. We're looking forward to 2017 (and our amazing two-episode-per-week schedule). We begin with some announcements about Law'd Awful Movies, and then turn to Thomas Takes the Bar Exam, where we find out how our intrepid co-host did in answering real-life bar exam prep questions. Then, we answer a listener question from Jim Sabatowski about the foreseeability of one's negligence by taking a trip back to law school and talking about the crazy, fireworks-on-a-train-exploding-scale madness that is Palsgraf v. Long Island R.R., 248 N.Y. 339, 162 N.E. 99 (1928). In our main segment, we tackle the confusion world of religious-themed holiday displays. When is it okay to put a little baby Jesus on the courthouse steps? We'll tell you insofar as the Supreme Court has told us, which... isn't always perfectly clear. In our "C" segment, we tackle yet another listener question; this one from Skeptic Sarah regarding the controversy over trademark registration for the all Asian-American band "The Slants" and their unique crowdfunding of their Supreme Court legal costs. Finally, we conclude with TTTBE #4. Remember that you can play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s). We'll see you in 2017... twice as often! Show Notes & Links Here's a link to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), which will help you answer TTTBE #3. While we're at it, this is the full-text link to Palsgraf v. Long Island R.R., 248 N.Y. 339, 162 N.E. 99 (1928), the case every law student knows. Lemon v. Kurtzman, 403 U.S. 602 (1971), set forth the "Lemon test" that we talk about in the main segment. Lynch v. Donnelly, 465 U.S. 668 (1984), was the 1984 case that said it was perfectly legitimate for a courthouse to display little baby Jesus in a manger. But weirdly, Allegheny County v. ACLU, 492 U.S. 573 (1989), was the case from just five years later where the Supreme Court said no, courts couldn't just display little baby Jesus in a manger, but they could display a menorah, a Christmas tree, and a liberty plaque all together. We defy you to explain the difference between Van Orden v. Perry, 545 U.S. 677 (2005), which upheld a Ten Commandments monument in Texas, and a decision handed down the exact same day, McCreary County v. ACLU, 545 U.S. 844 (2005), which struck down Ten Commandments posted on the walls out two courthouses in Kentucky. Finally, this is a copy of the Slants' Supreme Court brief, which is reasonably entertaining for a legal brief. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

SPECIAL CHRISTMAS GIFT! This is normally for Patrons only, but we wanted to gift our non-patronizing listeners a gift and a sample of what they might be missing over at patreon.com/law!! Behold the majesty of what you are about to receive. This is, hands down, the worst legal movie ever made. From the opening credits to the cheesy ending voice-over, literally everything this movie has to say about the law is completely and utterly wrong. Yes, for our first Patreon movie reward, we suffered through all 2 hours and 34 minutes of The Firm (1993), which chronicles the amazing journey of Mitch McDeere (Tom Cruise), an I'm-no-idealist Harvard Law grad who refuses to break some imaginary law he thinks exists regarding attorney-client privilege, but has no problems with extortion, illegal wiretapping, fraud, and kicking a 92-year-old man to death. Come for the crazy legal subplot that can be solved in two seconds! Stay for the crazy second legal subplot that gets introduced for the first time right after most movies are rolling the credits! Stay even longer to watch the epic Tom Cruise-Wilford Brimley fight to the death! Special guest: Sam from Comedy Shoeshine. --------- Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

It's a two-episode week! In this week's Wednesday episode, we are joined by Tom & Cecil of the Cognitive Dissonance podcast for a discussion about freedom of speech and whether online platforms such as Facebook and Twitter ought to be considered "public spaces." We begin with some announcements about the schedule, including Thomas Takes the Bar Exam, which will remain a weekly feature once we move to our twice-per-week format in January. So no new question today, but you will have a few extra days to answer TTTBE #3. Then we take a look at the new Texas law requiring funereal services for aborted embryos and miscarriages, and Thomas takes a shot at analyzing the issue. Is all his hard work studying for the Bar Exam paying off? Listen and find out! Finally, the show concludes with a discussion of the 1994 McDonalds "Hot Coffee" lawsuit, Liebeck v. McDonald's Restaurants, as an example of legal myths gone awry. What exactly happened in that case, and what does it say about whether we should have caps on punitive damages or other forms of "tort reform" in the U.S.? After that, we look at the abortion-related question of the lawsuit ostensibly brought by Sofia Vergara's frozen embryos. Is this a meritorious lawsuit or a publicity stunt orchestrated by a goofball anti-abortion columnist? Show Notes & Links Check out the Cognitive Dissonance podcast! Here are the actual fetal tissue rules promulgated by the Texas Health Services that require "interment" of "the products of spontaneous or induced human abortion." A federal judge in the Western District of Texas recently issued a temporary restraining order blocking the implementation of the rules pending a preliminary injunction hearing to be held on January 3. Whole Women's Health v. Hellerstedt, 136 S.Ct. 2292 (2016), provides some guidance as to how the Supreme Court might treat the Texas abortion rules. Here's the CollegeHumor video on the McDonald's "Hot Coffee" lawsuit. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at [email protected]

In this week’s episode, we conclude our discussion of Planned Parenthood v. Casey, 505 U.S. 833 (1992), and how the “undue burden” test the Supreme Court developed in that case continues to govern laws protecting (and restricting) abortion today. However, we begin with the moment you’ve all been waiting for: the answer to Thomas Takes … Continue reading OA28: Abortion and Planned Parenthood v. Casey, Part 2 → The post OA28: Abortion and Planned Parenthood v. Casey, Part 2 appeared first on Opening Arguments.

In this week’s episode, we return to the subject of abortion and pick up with a cliffhanger from way back in episode #11, where Thomas was asked how he would have handled what became the Supreme Court case of Planned Parenthood v. Casey, 505 U.S. 833 (1992). We talk about that landmark decision, how it changed the … Continue reading OA27: Abortion and Planned Parenthood v. Casey, Part 1 → The post OA27: Abortion and Planned Parenthood v. Casey, Part 1 appeared first on Opening Arguments.

This week’s super-sized episode is literally jam-packed with five all-new segments for our listeners; six if you haven’t heard both parts of the Second Amendment Masterclass already. And make sure you stay tuned all the way to the end for our exciting new segment! First, you get an all-new introduction with new quotes, many of which were … Continue reading OA26: Second Amendment Masterclass, Part 2 → The post OA26: Second Amendment Masterclass, Part 2 appeared first on Opening Arguments.

In this week’s episode, we discuss the recent efforts by Jill Stein and the Green Party to raise funds for Presidential recounts in Wisconsin, Pennsylvania, and Michigan. Should you rush out and open your wallets to help raise funds for the Green Party? “Breakin’ Down the Law” returns with a discussion on court structure. If … Continue reading OA25: Could Jill Stein Decide the Presidency? (No.) → The post OA25: Could Jill Stein Decide the Presidency? (No.) appeared first on Opening Arguments.

In part two of this two-part episode, we continue to address every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can recess appoint Merrick Garland to the Supreme Court, about the future of the ACA, or … Continue reading OA24: Trump Presidency Legal Q and A, Part 2 → The post OA24: Trump Presidency Legal Q and A, Part 2 appeared first on Opening Arguments.

In part one of this two-part episode, we tackle every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can recess appoint Merrick Garland to the Supreme Court, about the future of the ACA, or what Trump’s … Continue reading OA23: Trump Presidency Legal Q and A, Part 1 → The post OA23: Trump Presidency Legal Q and A, Part 1 appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we tackle the legal and philosophical issues underlying libertarianism. We take on such issues as : what is “property,” why is it a right, and is it cognizable as a side-constraint against government action? At the end of the day, … Continue reading OA22: Libertarianism is Bad and You Should Feel Bad → The post OA22: Libertarianism is Bad and You Should Feel Bad appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs By listener request, we are bringing you this special “deep dive” episode into the history and jurisprudence underlying the Second Amendment. This episode was originally broadcast on Atheistically Speaking earlier in 2016. Just in time for the election, we tackle a thorny political issue: … Continue reading OA21: Second Amendment Masterclass, Part 1 → The post OA21: Second Amendment Masterclass, Part 1 appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this special episode, we look at breaking news: the jury verdict in United States v. Ammon Bundy et al., a federal case brought in the United States District Court for the District of Oregon as a result of the armed takeover of the Malheur National … Continue reading OA20: What Happened With Ammon Bundy? SPECIAL EDITION → The post OA20: What Happened With Ammon Bundy? SPECIAL EDITION appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we look at some of the interesting details surrounding the intentional release of classified materials by Edward Snowden. In particular, we looked at the legacy of Snowden’s leaks, how they played out in the Second Circuit’s decision in ACLU v. Clapper, 785 F.3d … Continue reading OA19: Should Edward Snowden Be Pardoned? → The post OA19: Should Edward Snowden Be Pardoned? appeared first on Opening Arguments.

In this week’s super-sized episode, we conclude our three-part role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we went through the State of Missouri Department of Natural Resources’s response brief. This week, we look at the … Continue reading OA18: You Be The Supreme Court, Part 3 → The post OA18: You Be The Supreme Court, Part 3 appeared first on Opening Arguments.

In this week’s episode, we return to our little role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we went through the Petitioner’s brief seeking to overturn the lower court’s decision to deny Trinity Lutheran Church the … Continue reading OA17: You Be The Supreme Court, Part 2 → The post OA17: You Be The Supreme Court, Part 2 appeared first on Opening Arguments.

In this week’s bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be. You don’t want to miss this episode! In our opening segment, we bring back a classic “Breakin’ (Down) the Law” by … Continue reading OA16: Dump Trump? → The post OA16: Dump Trump? appeared first on Opening Arguments.

In this week’s episode, we tackle a breaking legal issue: is Andrew’s old law school buddy Ted Cruz correct that the U.S. government just “gave away the Internet?” (Hint: Ted Cruz is never right about anything.) We walk you through everything you could possibly want to know about #savetheinternet. (If you’re looking for Part 2 … Continue reading OA15: #SaveTheInternet → The post OA15: #SaveTheInternet appeared first on Opening Arguments.

In this episode, we try something a little bit different. Instead of simply analyzing a case, we let you play the role of Supreme Court Justice working your way through a difficult case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley. You’ll learn what kind of cases make their … Continue reading OA14: You Be The Supreme Court, Part 1 → The post OA14: You Be The Supreme Court, Part 1 appeared first on Opening Arguments.

In this episode, we delve — at long last, and just in time for the first Presidential debate — into the question of Democratic Presidential candidate Hillary Clinton’s use of a private email server during her tenure as Secretary of State. In particular, we answer the question: “did Hillary Clinton receive preferential treatment” when the … Continue reading OA13: Hillary Clinton’s Damned Emails! → The post OA13: Hillary Clinton’s Damned Emails! appeared first on Opening Arguments.

In this episode, we delve into the wacky world of tax protesters and “sovereign citizens,” people who believe that the legal world is a magical place filled with secret code words that, if invoked properly, can force the Illuminati-run courts to admit you into the secret chamber where nobody has to pay their taxes or … Continue reading OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness → The post OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness appeared first on Opening Arguments.

In this week’s hour-length episode, we finally conclude our three-part discussion of abortion and defending the jurisprudence behind the Supreme Court’s 1973 opinion in Roe v. Wade… only to leave you with another cliffhanger and a topic for a future show. (Bingo!) Also, given our Patreon support, we’ll now be answering a viewer question every episode! In … Continue reading OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 → The post OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 appeared first on Opening Arguments.

Our discussion of abortion continues as we walk through the Supreme Court’s opinion in Roe v. Wade and its aftermath. In our first segment, “Closed Arguments” continues with a look at whether you should call your law professor by her first name. (No. No, you should not.) And in our closing segment, we answer a question … Continue reading OA10: Abortion, Roe v. Wade, and the Constitution, Part 2 → The post OA10: Abortion, Roe v. Wade, and the Constitution, Part 2 appeared first on Opening Arguments.

In Episodes 7 and 8, we discussed a recent decision by a federal court in Missouri dismissing a lawsuit brought by the Satanic Temple challenging certain Missouri laws that arguably restrict abortion rights. In this episode, we take a step back and look at the right to abortion itself and the sometimes-controversial Supreme Court decision … Continue reading OA9: Abortion, Roe v. Wade, and the Constitution, Part 1 → The post OA9: Abortion, Roe v. Wade, and the Constitution, Part 1 appeared first on Opening Arguments.

In this episode, we wrap up the recent decision by the United States District Court for the Eastern District of Missouri dismissing a lawsuit brought by the Satanic Temple challenging several laws relating to getting an abortion in Missouri. Andrew tells you what “motions to dismiss” are, and Thomas proves that he knows more about the … Continue reading OA8: You Won’t Have the Satanic Temple to Kick Around Any More, Part 2 → The post OA8: You Won’t Have the Satanic Temple to Kick Around Any More, Part 2 appeared first on Opening Arguments.

In this episode, we look at a recent lawsuit filed by the notorious Satanic Temple challenging abortion restrictions in the state of Missouri. In the main segment, Andrew tells you how to read a Complaint, and Thomas offers advice to the Satanic Temple’s lawyers about which arguments are more persuasive to him. Our opening segment … Continue reading OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1 → The post OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1 appeared first on Opening Arguments.

In this week’s episode, Andrew sits down in the interviewer’s chair and talks with Chris Kristofco, another real lawyer and the lead editor at Title Town Sound Off, a Green Bay Packers fan site. If you’ve been following the NFL’s investigation into alleged performance enhancing drugs use by several of its star players, you’ll enjoy … Continue reading OA6: The Pending NFL Apocalypse (with Chris Kristofco) → The post OA6: The Pending NFL Apocalypse (with Chris Kristofco) appeared first on Opening Arguments.

Finally wrapping up their four-part discussion of the 2000 U.S. Presidential election, Andrew and Thomas follow the Gore campaign’s lawsuit as it goes to the Supreme Court. How legitimate is Bush v. Gore? Does it hold water? Find out in this episode. Show Notes & Links The Supreme Court’s decision in Bush v. Gore, 531 U.S. … Continue reading OA5: Bush v. Gore and the 2000 Election, Part 4 → The post OA5: Bush v. Gore and the 2000 Election, Part 4 appeared first on Opening Arguments.

Continuing our discussion from OA3, Andrew lays the background for the most tumultuous Presidential election in modern American history, discussing the politics, history, and the legal background that led us to Bush v. Gore. Show Notes and Links Pres. Bill Clinton’s approval ratings, 1999-2000. Voting history for West Virginia, once a reliable Democratic stronghold. A … Continue reading OA4: The 2000 Election (#NeverForget), Part 3 → The post OA4: The 2000 Election (#NeverForget), Part 3 appeared first on Opening Arguments.

Andrew and Thomas continue their discussion of the 2000 U.S. Presidential election, moving from resurrecting long-dead jokes about “hanging chads” to explaining how the legal challenge that could determine the Presidency began in a tiny county courthouse in Florida. Show Notes & Links The Supreme Court’s decision in Bush v. Gore, 531 U.S. 98 (2000). Palm … Continue reading OA3: The 2000 Election (#NeverForget), Part 2 → The post OA3: The 2000 Election (#NeverForget), Part 2 appeared first on Opening Arguments.

On the last episode of Atheistically Speaking with Andrew Torrez (AS259), Andrew teased us with the promise that he’d be back to discuss what really happened back in the 2000 U.S. Presidential election (and promised that it might have something to do with our current Presidential election)! Well, Andrew’s back, and in Part 1, he and I … Continue reading OA2: The 2000 Election (#NeverForget), Part 1 → The post OA2: The 2000 Election (#NeverForget), Part 1 appeared first on Opening Arguments.

In this introductory pre-episode, Thomas and Andrew talk about their backgrounds and their vision for the show. We also preview our upcoming show segments and topics, tell you how to get in touch with us, and talk a little bit about how the show got started. Segments Listener Questions: We field a question from Eric … Continue reading OA1: “The Story Begins” – Introducing the Show & Segments → The post OA1: “The Story Begins” – Introducing the Show & Segments appeared first on Opening Arguments.