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    Government

    Plead the Fifth

    Law is dumb. So am I. I break down recent topics in law in dumb terms because that’s how I understand them. Grab a beer and join me as I pretend to sound smart. I’m a lawyer, but don’t ask me for advice.

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    Copyright: © 2022 Plead the Fifth

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    Latest Episodes:
    Plead the Fifth Turns 1! Oct 20, 2020

    Guys, we made it a whole year! Today’s topics include a case that was just heard for oral arguments at SCOTUS about the constitutionality of a Delaware law requiring judges to be member of a particular party. The other is about a circuit split across the country involving sex change surgery and 8th Amendment cruel and unusual punishment.


    Religion Acting As Government Sep 19, 2020

    RIP RBG. Religion is supposed to be separate from government. It’s one of America’s founding principles. But sometimes religion creeps into spaces we thought were wholly a matter of state. And sometimes, it’s not a creep, but a naked takeover of the government.


    SCOTUS Coachella 2020 Aug 15, 2020

    This is a recap of all the sexy cases SCOTUS dropped during the last couple weeks of the 2019-2020 term. Sure its delayed, but they are too good not to talk about!


    Corruption Isn't Always a Crime May 22, 2020

    The “Bridgegate” scandal in New Jersey was one of the most blatant acts of corruption ever seen. We look at why SCOTUS found the conspirators not guilty. Also, we look at why a court decided that the statutory definition of the word “people” doesn't mean what it says.


    This Episode is Insane Apr 23, 2020

    Actually, it's pretty average. But it talks a lot about insanity. Well, the insanity defense. Also, it dabbles into how to examine driving without a valid license under the 4th Amendment.


    Who Wrote Stairway to Heaven? Apr 09, 2020

    What do Led Zeppelin, Rita Ora, Notorious B.I.G., and a host of other famous musicians have in common? They’ve all been sued for copyright infringement. So who actually wrote their music, and did they do anything wrong?


    Shooting Kids Across the Border Mar 12, 2020

    This week updates you about what happened at the Supreme Court over the past couple weeks, but mostly focuses on one of their sexier cases of the term involving a child who was shot to death by a US Border Patrol agent while crossing from the US back into Mexico.
    Music cred: bensounds.com


    A Felon's Right to Vote in Florida Feb 27, 2020

    Florida recently enfranchised its felons under a state constitutional amendment so long as they completed “all terms of sentence”. The state thought this included things like fines, fees, and restitution. The 11th Circuit said that was unconstitutional, but its reasoning lead to more criticism than confidence.
    Music cred: bensounds.com


    Kesha and Her "Truth" Feb 18, 2020

    Kesha's case against her ex-producer is not as you may have heard. We also look at a case challenging the government's inaction on climate change by an unlikely group of plaintiffs.
    Music cred: bensounds.com


    Titties in Texas Feb 05, 2020

    You can't tax people in Texas for going to a bar where women cover their nipples with liquid latex under the First Amendment. Yep. Also a change to Missouri’s liquor laws and an interesting case about a car theft ring out of Florida.
    Music cred: Bensounds.com


    Mexico Especial Episode Jan 25, 2020

    A special episode about Supreme Court cases involving Mexicans or Mexico in honor of my trip to Cabo and Puerto Vallarta.


    A Lawyer's Goat Obsession Dec 24, 2019

    A hodgepodge of cases are discussed, including one about a lawyer who is obsessed with some goats, but also things like the 8th Amendment.
    Music cred: http://www.bensounds.com


    Austin's Bachelorette Party Problem Dec 15, 2019

    The city of Austin, Texas tried to stop bachelor and bachelorette parties from staying in AirBNBs. Their ban went too far.


    Mootness and the Second Amendment Dec 05, 2019

    The Supreme Court heard a case about the Second Amendment… or was it about mootness? I also talk about the duty of care owed to hockey players.
    Music Cred: http://www.bensounds.com


    Faithless Electors & Animal Crush Videos Nov 29, 2019

    This week we ask whether states can punish faithless electors and look at the constitutionality of the most recent law passed by Congress to protect animals.
    Music cred: http://www.bensounds.com


    Uncle Sam Destroys a House & Doesn’t Have to Pay Nov 20, 2019

    The Takings Clause of the Fifth Amendment provides compensation when the government takes your property. But not always. There is also a summary about oral arguments from last week’s DACA case.
    Music Cred: www.bensounds.com


    Marijuana Stuff and Violating the SOL without being SOL Nov 13, 2019

    I found a way to file a lawsuit past the statute of limitations. Also, marijuana is sometimes legal, sometimes not. This makes investigations difficult under the Fourth Amendment.
    Music cred: http://www.bensounds.com


    Impeaching Trump: Likely Charges and Defenses Nov 06, 2019

    The case for and against impeaching Trump is laid out based on the charge that he violated campaign finance laws. It’s not as simple as you might think, so I simplified it for you!
    Music cred: http://www.bensounds.com


    Spectral Evidence and the Salem Witch Trials Oct 31, 2019

    In this Halloween episode, the show examines a type of evidence no longer accepted in law, but was used heavily during the Salem Witch Trials: spectral evidence.


    Challenging the No-Fly List Oct 25, 2019

    Four people challenged the No-Fly List. It didn’t work. Why is a bit concerning.
    Music cred: http://www.bensound.com


    Love, Lust, and the Law Oct 18, 2019

    Ever heard of heart balm laws? If you have, you probably thought they didn't exist anymore. But as I found, adultery is still a legal offense. There is a quick discussion about the LSAT and Trump's case against his accounting firm.
    Music cred: http://www.bensound.com


    SCOTUS's New Term Begins Oct 14, 2019

    With an introduction to this podcast, today's topics include a review of two new Supreme Court cases, one about the insanity defense, the other LGBT employment protections.
    Music cred: http://www.bensound.com


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