Month: January 2017

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The Gist - Yeah, We’re Scared Too

In one tweet, George W. Bush appointee Eliot Cohen became the face for anti-Trump conservatives: “After exchange with Trump transition team, changed my recommendation: stay away. They’re angry, arrogant, screaming ‘you LOST!’ Will be ugly.” With the news this week that senior State Department officials have resigned en masse, Cohen says there are reasons to be very worried about America’s role on the world stage. Cohen is the author of The Big Stick: The Limits of Soft Power and the Necessity of Military Force.

For the Spiel, more and more reasons to distrust Vladimir Putin.   

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Stuff They Don't Want You To Know - The NSA: Fact, Fiction and Fright

Since the 1950s, the National Security Agency has been responsible for collecting, analyzing and verifying a vast amount of signals intelligence, ostensibly to protect the people of the United States. Over the decades the agency has grown to become one of the world's premiere repositories of intelligence -- everything from internet search histories to phone calls and texts, as well. In the final days of President Obama's administration the NSA was quietly allowed to share this information with every other US intelligence agency. So what happens next?

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They don't want you to read our book.: https://static.macmillan.com/static/fib/stuff-you-should-read/

See omnystudio.com/listener for privacy information.

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Opening Arguments - OA38: FLSA and Exempt Employees, Part 2

Today's episode is part two of our two-part series on pending changes to the Fair Labor Standards Act ("FLSA").  As we've previously mentioned, in 2016, the Obama Department of Labor promulgated new rules requiring that employees who are "exempt" from the FLSA's overtime requirements must earn at least $47,476 per year.  A district court judge issued an injunction blocking those rules from going into effect; that decision is currently pending on expedited review before the 5th Circuit Court of Appeals.  In this episode, Andrew continues his explanation as to why he thinks those rules are going to eventually go into effect and what that means for employers and employees. We begin, however, with a thoughtful question from friend of the show Noah Lugeons regarding how the FLSA's tipping rules interact with Title VII of the Civil Rights Act of 1964.  Is it illegal for employers to rely on tips knowing how inequally tips are handed out to men and minorities?  Listen and find out! After our main segment on the FLSA, we answer a delightfully mad question from Robert Rautio regarding the supposed "right to travel" in the Constitution.  Answering this doozy takes us back into the weird and wonderful world of "sovereign citizens" -- you won't want to miss it! Finally, we end with a brand new Thomas Takes the Bar Exam question #8 about whether a company dumping toxic waste has a duty to warn trespassers.  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/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Show Notes & Links
  1. The relevant provisions of the FLSA for this episode are 29 USC § 207 (maximum hours) and 29 USC § 213 (exempt employees).
  2. Title VII of the Civil Rights Act of 1964 begins at 42 USC § 2000e and can be found here.
  3. This is the original rule promulgated by Obama's Department of Labor.
  4. Here is the judicial injunction blocking the implementation of the rule.
  5. And here is the judge's decision not to overturn his own injunction after a motion for reconsideration.
  6. Please laugh at -- but DO NOT FILE! -- this suggested "brief" by the weirdos at The Lawful Path who think you can get out of a traffic ticket by filing this nonsense.  (You can't.)
  7. And here's another absolutely bonkers list of random string-cites that purports to show that you have an absolute right to travel guaranteed by the Constitution.  (You don't.)
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at openarguments@gmail.com Direct Download
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The Gist - Deregulation Nation

Americans are skeptical of regulation, no matter how much they hate hair in their hot dogs. Why are Republicans winning this argument? Jacob Hacker is director of the Institution for Social and Policy Studies at Yale University and author of the new book American Amnesia.   For the Spiel, an ethics scandal hits South Dakota. Yes, South Dakota!

Today’s sponsor:

Dunkin’ Donuts. Upgrade your day with DD Perks. Earn a free Dunkin’ Donuts beverage when you enroll by using promo code DDPODCAST, and speed past the line in-store with on-the-go ordering. Download the Dunkin’ app and enroll today.

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Bay Curious - Is Air Quality in the Bay Area Getting Worse?

Listener Jenny Wread has noticed the Bay Area's smog on her commute. And she's hearing more Spare the Air alerts. How is the air quality doing in the Bay Area as the population grows?


Reported by Matt Beagle. Produced and edited by Olivia Allen-Price, Vinnee Tong, Paul Lancour and Julia McEvoy. Theme music by Pat Mesiti-Miller.


Ask us a question at BayCurious.org. Follow Olivia Allen-Price on Twitter @oallenprice.