November 26, 2018
Listen to the Episode
From The Official Website:
Today’s deep-dive Tuesday tackles that viral case caption you’ve probably seen floating around Twitter: “United States v. 1,855.6 pounds of American Paddlefish Meat.” Is the sack of fish meat really going to have to show up in court? Will it have a lawyer??!? Listen and find out!
We begin, however, with a roundup of all the lawsuits filed against Matthew Whitaker, including the most recent one brought by Senators Blumenthal and Hirono. Oh, and we check with an op-ed written by… the Torture Guy? What’s going on here??
The main segment delves into in rem jurisdiction in order to explain the “paddlefish meat” caption. If you like legal minutiae — and let’s be honest, you’re listening to this podcast — you’ll love this segment.
Then, it’s time for a truly great listener question holding Andrew’s feet to the fire on Net Neutrality and the Munsingwear doctrine. It’s not an Andrew Was Wrong, but it is an… Andrew Could Have Explained That Better? Either way, you won’t want to miss it.Finally, we end with the answer to Thomas Takes The Bar Exam #102 on hearsay. Find out if Thomas’s coin can pass the bar exam! And as always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Show Notes & Links
- Click here to check out Lawfareblog’s clearing house for Whitaker complaints, and click here to read John Yoo’s (surprising) op-ed arguing that Whitaker’s appointment was illegal.
- If you want to read the actual meat filing, click here.
- Special shout-out to law professor Brian L. Frye for tipping us off to United States v. 43 1/2 Gross Rubber Prophylactics!
Law Talkin' Stuff
It's in the Constitution
Law Court Thingies
- 17-FWS-000019) AND 982.34 Pounds of American paddlefish caviar (ASSET IDENTIFICATION NUMBER: 17-FWS-000017)
- United States v. 431/2 Gross Rubber Prophylactics 65 F. Supp. 534 (D. Minn. 1946)
Magic Law Words
People
Topics
Content
- [00:00:00] Intro
- [00:03:47] Breakin Down The Law: Whitaker appointment lawsuits
- [00:06:35] Senators Blumenthal and Hirono lawsuit
- [00:07:00] The Appointments Clause argument
- [00:08:45] The Atlantic article by John Yoo
- [00:18:30] Presidential recess appointments
- [00:22:10] Can the senate stop the recess appointments?
- [00:30:38] Commercial
- [00:32:28] Deep Dive: In rem jurisdiction
- [00:39:35] United States v. 431/2 Gross Rubber Prophylactics
- [00:50:25] Listener Question: Munsingwear doctrine and judicial activism
- [00:58:12] New Patron Tuesday
- [00:59:14] Thomas Takes The Bar Exam: Homeowner's testimony about plumber's response (answer)
- [01:07:55] 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.)