Month: April 2018

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

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 White House Executive Order regarding the last few fraying strands of our social safety net. After that, we revisit three cases we told you we'd be keeping an eye on.  First, we look at the aftermath of Jane Doe v. Wright, which we first discussed in Episodes 117 and 133.  Back then, we told you about the fate of a single young woman in state custody who was denied her right to an abortion; today, we tell you about the nationwide class action that was just certified in Garza v. Hargan. Next, we revisit Kolbe v. Hogan, which we called a "landmark" case way back in Episode 47.  Find out how a federal district court judge in Massachusetts just applied Kolbe in upholding the Massachusetts ban on assault weapons and large capacity magazines. For our third revisit, we take a look at another trademark case in light of the Slants case (Matal v. Tam) that we first discussed with Simon Tam way back in Episode 33 and reported on Tam's victory before the Supreme Court in Episode 80.  The Slants's victory paved the way for disparaging and offensive trademarks, but what about garden-variety "immoral or scandalous" ones, like FUCT clothing or "Big Dick Nick" towels?  Listen and find out! Finally, we end with the answer to the fiendishly hard Thomas Takes the Bar Exam Question #71 about whether a state can discriminate against out-of-state competitors.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links
  1. This is Alphr's list of the "15 Best Podcasts of 2018" -- and wow, we're in some good company!
  2. You can click here to read the White House Executive Order on "Reducing Poverty in America;" we quoted from Section 5 at the end.
  3. We first discussed Jane Doe v. Wright in Episodes 117 and 133.
  4. We first told you about Kolbe v. Hogan in Episode 47; now, you can read the Massachusetts decision in Worman v. Healey.  Also, if you like briefs, you can read the petition for certiorari, the State of Maryland's opposition, and the petitioners' reply.
  5. We told you about the Slants's case back in our Episode 33 interview with Simon Tam and reported on Tam's Supreme Court win in Episode 80; today, we discuss In re Brunetti, which applies the Matal v. Tam holding to the rest of 15 U.S.C. § 1052(a).
  6. Finally, the link you've been waiting for: the Deadspin article about "Big Dick Nick."
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com  
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The NewsWorthy - Tax Day, Fake Ringtones & Kendrick Lamar – Tuesday, April 17th, 2018

All the news to know for Tuesday, April 17th, 2018!

Today, we're talking Syria, cyber attacks and Sean Hannity. Plus: tax day, fake ringtones, Boston Marathon and Kendrick Lamar.

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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The Goods from the Woods - Episode #190 – “Y’all Ever Heard This?”

In this episode, the Goods from the Woods Boys run down some of the lesser-known music that they've been digging lately in preparation for the Waverly Boogie in Waverly, Alabama this weekend!  Dr. Pat's picks: Dolly Mixture - "The Same Mistake" Gary Low - "I Want You" Wicked Witch - "Vera's Back" The Atlantics - "It's A Hard Life" Rivers's picks: The Memphis Mafia - "Love Me Rough" Rusty Kershaw - "I'm Going to Louisiana"  Mahavishnu Orchestra - "Open Country Joy" Shinyribs - "I Don't Give A Shit"  Mr. Goodnight's picks:  George Harrison - "Behind That Locked Door" Frank Zappa - "Willie the Pimp" The Idolaters - "Heart Throb" Clarence Carter - "Why Do I Stay Here?" Song of the week this week: "Rebel Yell" by Skinny Bumpkin.

Follow the show @TheGoodsPod  Rivers is @RiversLangley  Dr. Pat is @PM_Reilly  Mr. Goodnight is @SepulvedaCowboy  Pick up a Goods from the Woods t-shirt at: http://prowrestlingtees.com/TheGoodsPod

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Ologies with Alie Ward - Radiology (X-RAY VISION) with Varshana Gurusamy

Hey, kiddo, it's what's INSIDE that matters -- like your guts and bones and squishy brain and intestines and stuff. Meet Dr. Varshana Gurusamy: diagnostic radiology resident, Texan and amazing person with great stories. You'll learn the difference between an MRI and an ultrasound, between a CT scan and a CAT scan and why you should not put big things in orifices that you might not be able to retrieve them unaided. You'll want to hug a radiologist ... as soon as they take their lead gonad shield off.

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Sound editing by Steven Ray Morris

Music by Nick Thorburn

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The Gist - James Comey’s Ego Trip

On Monday’s Gist, we’re counting Pulitzers and powering up.

Jeremy Heimans and Henry Timms sort power into two categories: old and new. Old power is like Congress: top-down, official. New power is like Facebook: decentralized, crowd-sourced. What is the best way to meld both kinds of influence to improve our lives? Heimans and Timms have the beginnings of an answer. They’re the authors of New Power: How Power Works in Our Hyperconnected World – and How to Make It Work for You.

In the Spiel, James Comey does seem ego-driven. That’s not always a bad thing. 

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