Month: January 2018

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Opening Arguments - OA136: Chevron Deference Has Consequences — Particularly For Paul Manafort!

Today's episode tackles the recent lawsuit filed by Paul Manafort against the Department of Justice, Asst. AG Rod Rosenstein, and Robert Mueller. First, we share some insights from our listeners about our recent deep dive into cryptocurrency, and promise a return visit Real Soon Now. After that, we take a deep dive into Chevron deference, Neil Gorsuch's mommy, and the legal landscape set more than 30 years ago... and why that's all come under fire by one Paul S. Manafort.  It's an extra-long, double-length segment but we think you'll love it! Finally, we end with an all-new Thomas (and Yvette!) Take the Bar Exam Question #57 about a  wanderer stuck in a snowstorm who breaks into a cabin... look, you'll just have to listen, okay?  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  Have us on your show! Show Notes & Links
  1. We first discussed cryptocurrency in OA 134.
  2. You should read the Manafort lawsuit, and then to understand it, try and tackle Chevron U.S.A., Inc. v. Natural Resource Defense Council, 467 U.S. 837 (1984).
  3. We started warning you about Neil Gorsuch way back in Epsiode 40.  We were right.  The case in which he salivates about overturning Chevron deference is Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016).
  4. Count I of the complaint arises under the Administrative Procedure Act, 5 U.S.C. § 701 et seq.  Count II arises under the Declaratory Judgments Act, 28 U.S.C. § 2201.
  5. This is Rod Rosenstein's Order appointing Mueller, No. 3915-2017, and this is 28 U.S.C. § 515, which plainly authorizes it.
  6. Finally, you can read Morrison v. Olson, 487 U.S. 654 (1988) and also laugh at the fantastic what-if comic about Ted Olson.
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The Gist - Move to the Center or Keep on Losing

On The Gist, Mike wonders whether the “winner picked out of a bowl” antics in Virginia’s House of Delegates will really matter much.

In the interview, former Democratic Rep. Jason Altmire has straightforward advice for candidates in blue-collar America: appeal to the center or lose out. Just as importantly, Altmire argues, the Democratic Party as a whole has to let them do it. Altmire’s book is Dead Center: How Political Polarization Divided America and What We Can Do About It. 

In the Spiel, Mike says the economy is looking up, and that means Republicans could keep their congressional majorities in the midterms ahead—barring a foreign policy disaster, of course.

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African Tech Roundup - mSurvey’s Kenfield Griffith on why he’s bullish on 2018 and why data analytics is a gamechanger

Montserrat native Kenfield Griffith is co-founder and CEO of mSurvey-- a data analytics SaaS startup based in Nairobi Kenya. In 2012, Kenfield partnered with Kenyan Louis Majanja to launch the business following an extended visit to Nairobi to conduct some research for his MIT PhD on the use of technology as a means to improving communication. In this conversation with Andile Masuku, Kenfield explains why he's bullish on 2018 and unpacks how mSurvey's data analytics platform is delivering solid business results for an impressive roster of big-name clients in East Africa, the US and the Caribbean.
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The NewsWorthy - Trump vs. Bannon, 5G Network & In-N-Out Hot Cocoa – Thursday, January 4th, 2018

All the news you need to know for Thursday, January 4th, 2018! 

Today, the back-and-forth between President Trump and Steve Bannon, a security flaw affecting most computers and no nuclear button exists. 

Plus: 5G coming this year, 'Jeopardy's controversial call and In-N-Out's first new menu item in 15 years.

All that and much more in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.

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Serious Inquiries Only - SIO108: Sam Harris Sides with Ben Shapiro Over the FFRF

What in the hell is the atheism world coming to when atheist horse-person Sam Harris would agree with a religious conservative on a matter of Church-State Separation over the Freedom from Religion Foundation? I talk about the details of this strange and depressing convergence, as well as some of the other broader implications of the Eric Weinstein, Ben Shapiro, Sam Harris conversation, and Weinstein's so-called Intellectual Dark Web. Sources: Harris Podcast; FFRF View on Masterpiece Cake Case; Ben Shapiro Lying About the Case; Eric Weinstein Tinfoil Hat Tweet; Contra Video Taken Down; German Law. Leave Thomas a voicemail! (916) 750-4746, remember short and to the point! Support the show at seriouspod.com/support! Follow us on Twitter: @seriouspod Facebook:  https://www.facebook.com/seriouspod For comments, email thomas@seriouspod.com  
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ATXplained - What’s Up With The ‘Doors To Nowhere’ At Austin’s New Central Library?

There’s a new building in Austin that’s drawing a lot of attention. And there are a couple of doors — yes, doors — in that building that are getting some funny looks. Several people asked about them for our ATXplained project.

KUT’s Audrey McGlinchy investigated.

The post What’s Up With The ‘Doors To Nowhere’ At Austin’s New Central Library? appeared first on KUT & KUTX Studios -- Podcasts.

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The Gist - Killed, Then Counted

On The Gist, Mike calls foul on the mashup terms used to describe big weather events, such as the latest: bombogenesis.  

In the interview, police shootings regularly make headlines, but what does the big picture look like? Sam Sinyangwe is a data analyst at Mapping Police Violence, an organization that recently looked at all 1,129 cases in which a person died at the hands of the police in 2017. And yes, there is a racial disparity.        

In the Spiel, the barbs traded between President Trump and Steve Bannon truly are the stuff of Shakespeare.

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