March 15, 2018


Listen to the Episode


From The Official Website:

In this rapid-response episode, Thomas and Andrew discuss Congressman-elect Conor Lamb’s victory in Tuesday’s PA-18 special election and whether the Republicans will be able to recount the results.

After that, Andrew walks through the history of prior restraint under the First Amendment in light of a recent Nevada decision denying the request of the family of one of the Las Vegas massacre victims to suppress his autopsy report… and what that might mean for friend of the show Stormy Daniels.

That segues into another Q&A segment where we tackle Yet More Of Your Stormy Questions; this time relating to (1) choice of law and (2) whether Stormy can simply buy back the settlement for $130,000.

Finally, we end with an all-new TTTBE #67 about a gang party where the boss just wanted to “send a message.” 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!

Show Notes & Links

  1. Thomas discussed the political implications of the Lamb election on Episode 128 of Serious Inquiries Only.
  2. We discussed con artist Jill Stein’s “recounts” way back in Episode 25 of this show, and the Pennsylvania order denying standing is here. You can also read up on Pennsylvania’s Election law, Title 25, Chapter 14.; we specifically discussed §§ 3154(g) (mandatory recounts); 3261-63 (voluntary recounts); and 3459 (bonding requirement).
  3. The key case for prior restraint is New York Times v. U.S., 403 U.S. 713 (1971); you can also read the Nevada Supreme Court opinion.

Please also check out David Michael’s new podcast, The Quorum!


Law Talkin' Stuff

Earth Law
  • International treaties and laws mentioned
It's in the Constitution
Lawsplaining
Law Court Thingies
Magic Law Words

Organizations

People

References

Topics


Content

  • [00:00:00] Intro
  • [00:07:55] Breakin' (Down) The Law: Connor Lamb & recounts
    • [00:11:48] Petitioning for a recount
  • [00:23:10] Main Segment Q1: The Las Vegas Shooting and Prior Restraint
  • [00:38:26] Stormy Watch Trump, Stormy and New York Laws against adultery
    • [00:40:51] Jurisdiction and applied laws, lex loci
    • [00:43:27] Conflicts of laws, restatement of the conflicts of laws
    • [00:48:54] Q2: Liquidated damages and fundraising
    • [00:51:50] Why is it OK in general to have a confidential settlement?
  • [01:00:21] Patron Hall of Fame
  • [01:03:56] Thomas Takes The Bar Exam Question: Criminal Law: Murder/Intent
  • [01:10:25] Outro
  • [01:11:55] Extra Material

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)