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OA Q&A Open Thread

Post your questions here for the Q&A next Wednesday, May 30, 2018 at 6:30 pm Eastern / 3:30 pm Pacific!

And don't forget to upvote (by clicking the heart) the questions you'd like to see asked!

As always, Andrew will not get to see anything in this thread in advance!

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OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)

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Today's episode takes a deep dive into two important Supreme Court opinions decided last week:  McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a ca...

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TTTBE #76: Early Answer for Patrons

Most of you were not fooled by this trick question, including Thomas!

That's right, the correct answer is "D," because this isn't a "best evidence" rule question at all -- it's actually a "present recollection refreshed" question.  The prosecutor isn't trying to get the transcript admitted; he's trying to get the witness ...

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Audio Clip Intro Suggestions

Post 'em here!

Please do include the timestamp (or the whole clip), 10-15 seconds maximum.  And don't forget to upvote your favorites with the "heart" icon.

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TTTBE #76: THE ACTUAL QUESTION for Patrons!

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At long last -- in response to your many requests -- here it is:  the actual question!

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OA174: Is Michael Avenatti Fit To Practice Law In New York?

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It's time for another Rapid Response Friday, which means we get to break down Michael Avenatti's response to the opposition to his motion to appear pro hac vice in the Southern District of New York -- amongst many, many other issues!

We begin, however,  with a brief Andrew Lived Through The 1980s segment (fo...

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OA173: The Foreign Policy Show - Korea, Iran, and... Ann Coulter?

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Today's episode heads overseas to discuss foreign policy; specifically, the Trump administration's actions with respect to Iran and North and South Korea.  Is there a common thread here?  Listen and find out!

First, though, we update you on the Young America Foundation lawsuit against the University of California at ...

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TTTBE #75: Early Answer for Patrons

Okay, so this was, in actuality, a pretty straightforward question about subsequent oral modifications to a contract.  At common law, those are (i) permissible but (ii) require separate consideration.

As a result, the answer is "D" -- the subsequent oral modification here is utterly without consideration to the promisor, ...

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OA172: Private Prisons, Judge Ellis & More

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It's time for another SUPER-SIZED Rapid Response Friday, which means we get to break down Judge Ellis's statements in the Paul Manafort criminal trial (amongst many, many other issues)!

We begin, however,  with a brief Andrew (well, mostly ABC and NBC) Was Wrong.

After that, the guys discuss a recent 10th Circuit op...

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TTTBE #74: Early Answer for Patrons

This was an evidence question about the admissibility of prior bad acts -- in this case, the fact that the plaintiff in an automobile accident case had, in fact, been cited twice in the past year for failing to stop at a stop sign. 

The answer, as almost all of you got correctly, was "A," and pretty much for the reasons A...

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OA171: Andrew Seidel Joins the Five-Timers Club

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Todayโ€™s episode welcomes back one of our favorite guests โ€” and the showโ€™s only five-time guest, Andrew Seidel, attorney with the Freedom From Religion Foundation.

Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation issues.  First, they break down Andrew Seidelโ€™s re...

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OA170: All Yodel, All the Time

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Well, it's another Rapid Response Friday, and we're here with everything you need to know about Yodel Mountain, including:

  • Breaking news regarding the wiretap of Michael Cohen's office several weeks before the search warrant issued and that the SDNY has at least one conversation between Cohen and Trump
  • Rudy...

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QnA 10 Audio!

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A great time was had by all!

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QnA 10

law post QnA 10 from patreon

Come hang out!!

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Law'd Awful Movies #18: The Running Man

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Get out your legal pads and various reference texts, we've got a real law heavy movie for ya today! This is dense with all sorts of legalese and what not. Make sure you've brushed up on your hearsay rules and real property as well, because you don't want to enter a movie like this blind. You'll be completely lost. In fact, you m...

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OA169: Wells Fargo Goes To Jail?

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Today's episode discusses the recent fines levied against Wells Fargo in connection with two specific acts of egregious fraud against consumers.  Is it enough?  Is it proof that Trump (and Mick Mulvaney) intend rigorous defense of consumers at the CFPB?  Listen and find out!

First, we delve into a grab bag of it...

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TTTBE #73: Early Answer for Patrons

The answer is "A," which almost no one got correct.  Many people (including Thomas) were tripped up by the fact that the liability here is joint and several, meaning that the landlord can recover up to the full $3,500 from either the tenant or the friend -- not that the landlord can double-dip and get $3,500 from e...

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OA Patron-Only Q&A Thread

Our next Q&A is this Wednesday, May 2, at 6:00 pm Eastern / 3:00 pm Pacific.

This is your thread to post questions for that session, and please remember to upvote your favorite questions from others!

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OA168: Michael Cohen Takes Five

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In the main segment, we discuss the intersection between the Paul Manafort criminal trial and the public's right to know about the Mueller investigation.  Oh, and ... isn't there a bill pending to protect Mueller?  We break down that, too.

But we're not done!  After that we delve into all things Michael Cohen, i...

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OA167: Neil Gorsuch, Secret Liberal?

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Today's episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court's liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn't the right-wing hack we all thought he was?  Listen and find out!  (Hint:  No.)

After that, we bre...

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TTTBE #72: Early Answer for Patrons

 Okay, #TTTBE fans, it's time for an atypical answer, although in fairness to everyone I did give you a hint when reading the question by mentioning that real property law is mostly reheated feudalism leftovers.

With that in mind, the answer is C.

This question tested your knowledge of the delivery rule: &n...

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OA166: The Taint Team (& Also, Alex Jones)

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In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI's search of the offices of Michael Cohen, alleged lawyer to Donald Trump and... Sean Hannity?!?

First, we begin with a finishing move from one of our pro wrestler listeners, updating our story that we first...

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OA165: You Heard It Here First! (Abortion Rights, Gun Control, and Offensive Trademarks)

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Note:  The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law.  You've been warned!

In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent 2018-04-17 07:52:57 +0000 UTC View Post

TTTBE #71: Early Answer for Patrons

Okay, #TTTBE fans, it's time for the moment you've all been waiting for:  the answer to the single hardest bar exam question so far:  whether a state can pass what is essentially protectionist legislation in favor of a more scientifically accurate toy manufactured within that state as against less scie...

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OA164: As American As Baseball, Hush Money, and... Segregated Schools?

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In this rapid-response episode, Thomas and Andrew take a look at the FBI's search of the offices of Michael Cohen, Donald Trump's personal lawyer and alleged "fixer."

First, we begin with a discussion of a curious legal move by the Miami Marlins, alleging that they are, in fact, a ... citizen of the British Virgin Islands?? View Post

OA163: Whatcha Gonna Do, Brother? OA vs. Sinclair Broadcasting, the CLOUD Act & the WWE

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Today's episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill.

First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV s...

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OA162: Tariffs and Trade

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In this rapid-response episode, Thomas and Andrew take a look at the Trump administration's recently-announced tariffs on China, China's response, and the future of free trade.

In the pre-show segment, it's time for a lengthy Andrew Was Wrong segment.  From .22s to time zones, Andrew cops to the things he got wrong last w...

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OA161: Gun Control & the Constitution

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Today's episode takes an in-depth look at gun control.  First, we answer two listener questions about originalism and the Second Amendment, including a provocative one about whether DC v. Heller deserves stare decisis respect under Andrew's model of jurisprudence.  The answer may surpri...

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TTTBE #69: Early Answer for Patrons

This question got a wide variety of guesses on Twitter and Facebook.  The answer was "B," meaning that Thomas got it right, despite having to figure out the firefighter's rule from context clues.  In fact, I'd say Thomas analyzed this question exactly correctly!

The firefighter's rule bars firefighte...

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Law'd Awful Movies #17: Ally McBeal The Pilot

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ehhhhhhhhhhhhh WE GOT YA. We absolutely pranked you. But we wouldn't really deprive our amazing patrons of monthly LAM goodness so here's the REAL LAM17 - Ally McBeal! It's on Hulu if you want to watch along with us.

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