Opening Arguments - OA92: The Unfortunate Application of Statutes of Limitation and Davino Watson

In today's episode, Andrew reluctantly -- but definitively -- opines that the Second Circuit got the law right in dismissing out the claims of Davino Watson, who argued that he was falsely imprisoned by the U.S. government for 3 1/2 years. In the pre-show segment, Andrew briefly introduces new FBI Director Christopher Wray as a good nominee by Donald Trump. After that, the guys tackle a follow-up question to Episode #91; namely, isn't "sexual orientation" already a protected class?  Doesn't the law just prohibit discrimination in general?  (No.) In our main segment, Andrew explains why statutes of limitation are necessary and why the Second Circuit got it right in dismissing out Watson's false imprisonment claim even though the circumstances are awful. Next, the guys break down Rod Wheeler's defamation lawsuit against Fox News.  Why is this part of Yodel Mountain?  Listen and find out! Finally, we end with an all-new (and fiendishly hard!) Thomas Takes the Bar Exam Question #35 about a hospital's duty to third parties when releasing a patient with homicidal ideation.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew had a busy week!  He was on the follow shows: Show Notes & Links
  1. You can listen to the original discussion of anti-discrimination in employment in Episode #91, as well as read the text of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
  2. This is the trial court's decision in Watson v. U.S. (EDNY 2016), as well as the Second Circuit's decision from Sept. 1, 2017.
  3. Here is the Complaint filed by Rod Wheeler against Fox News.
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The Gist - The Scaramucci Tapes

It’s a special combo Gist, with an interview and Spiel rolled into one segment: Zoe Chace, producer for This American Life, digs up some old audio from one of her conversations with Anthony Scaramucci. The tape is from 2016, when the Mooch was pondering whether to support Donald Trump’s presidential campaign. What Scaramucci said back then may indicate what he’ll do next. 

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Bay Curious - Mountain Lions: Real Threat to Bay Area Hikers?

A Bay Curious listener who hikes a lot wonders: Should he be scared of mountain lions? We find out for him.


Reported by Vinnee Tong. Bay Curious is Olivia Allen-Price, Jessica Placzek, Vinnee Tong, Paul Lancour, Penny Nelson, Suzie Racho and Julia McEvoy. Theme music by Pat Mesiti-Miller.


Ask us a question at BayCurious.org.


Follow Olivia Allen-Price on Twitter @oallenprice.

Song Exploder - Grizzly Bear – Four Cypresses

Between 2004 and 2012, Grizzly Bear put out four critically-acclaimed albums. Their newest album is called Painted Ruins, and it features this song, Four Cypresses. In this episode, two members of the band, Chris Taylor and Daniel Rossen, tell the story of how the song came together.

songexploder.net/grizzly-bear

Song Exploder listener survey: surveynerds.com/songexploder

Serious Inquiries Only - SIO64: No, Progressives Aren’t Embracing Hate

But first, I give a little book review of The New Jim Crow by Michelle Alexander. The book illustrated some vital concepts that are often missing from our conversation on race. I share some highlights. Then, it's a voicemail segment during which I talk at length about a column a lot of people have been sharing lately. It's called When Progressives Embrace Hate and it talks about the leaders of the Women's March and their ties to some questionable people. Hollywood Harris Hit Piece; Article with Anti-Semitism Poll Leave Thomas a voicemail! (916) 750-4746, remember short and to the point! Support us on Patreon at:  patreon.com/seriouspod Follow us on Twitter: @seriouspod Facebook:  https://www.facebook.com/seriouspod For comments, email thomas@seriouspod.com    

The Gist - A Video Game Thoreau Might Play

What would you expect from a video game inspired by Henry David Thoreau’s sojourn in the woods? In Walden, a game, players can contemplate the forest, go boating with Ralph Waldo Emerson, and practice civil disobedience. The game was developed by the Game Innovation Lab at the University of Southern California. Lab Director Tracy Fullerton explains why she thinks Thoreau might have liked the game. 

In the Spiel, our faith in the military might not be blind, but it is blinkered. 

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