August 16,2018

Listen to the Episode


From The Official Website:

Today's Rapid Response Friday is actually a Follow Up Friday! We revisit four stories from recent episodes and go into more depth on each one, particularly in light of recent developments.

We begin with our most recent story regarding reporter's privilege in Episode 200. What's the other side of the argument? Find out why friend of the show Randall Eliason thinks that reporter's ought not to have the right to keep their sources confidential!

After that, we move back one more episode to Episode 199 and tackle some important listener questions about asbestos. Along the way, we discuss the difference between strict liability and negligence and delve into theories of market share liability.

Our main segment covers the unsurprising fact that Masterpiece Cakeshop is back in the news. What does this mean? How has the Supreme Court's decision changed the landscape for religious exemptions to laws? Listen and find out!

After that, we go back to Yodel Mountain and check in with the conclusion of the Manafort trial. Phew!

And if all that wasn't enough, we end with an all new Thomas (and Yvette) Take The Bar Exam #89 involving the appropriate damages for breach of contract.

Show Notes & Links

  1. We discussed reporter's privilege in Episode 200; for the other side, check out this 2007 article by Randall Eliason on the BALCO scandal or this law review article in the American University Law Review.
  2. Of course, we discussed asbestos in Episode 199, but we first broke down the law of negligence way back in Episode 29. We cite to the Restatement (Second) of Torts § 520 and Sindell v. Abbott Labs, 607 P.2d 924 (1980).
  3. Click here to read the new Masterpiece Cakeshop complaint.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
  • [00:05:30] Randall Eliason's take on reporter's privilege
  • [00:17:10] Listener Questions: Why are people using Asbestos?
    • [00:19:20] Three things to prove negligence and strict liability
    • [00:24:00] Why people do it
  • [00:25:55] Listener Questions: Would allowing more asbestos use make it harder for those with mesothelioma to demonstrate that manufacturer X is responsible?
    • [00:27:20] Market share liability
  • [00:37:02] Commercial
  • [00:44:00] New Masterpiece Cakeshop lawsuit
    • [00:48:02] Phillips complaint
    • [00:50:00] Free exercise complaint
  • [00:53:35] Closed Arguments: Manafort Trial and Andrews prediction
  • [00:59:15] Andrew was Wrong: The prosecution did put Tad Devine on the stand
  • [01:00:20] Patron Hall of Fame
  • [01:05:48] Thomas Takes the Bar Exam: With guest Yvette Guinevere D'Entremont; Appropriate damages for breach of contract for ball bearings (question)
  • [01:12:45] Outro

(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.)

Follow up

  • Episode 204 Interview with Randall Eliason about reporter's privilege