In 2024, the Bronze Was Unfairly Taken from Jordan Chiles. A Recent Court Win Means She Might Get It Back
Opening Arguments
Take a break from the downfall of democracy and instead get outraged at the deep injustice of a year-long feud over a bronze medal in women’s gymnastics. This story’s got everything: bravery, racism, the best and the worst of sportsmanship, bad blood that’s been brewing since the Cold War, and, somehow, the Swiss Federal Court. Come for the weird gymnastics scoring rules, stay for the legal analysis of international arbitration rules. Rory Carroll (August 5, 2024). Reuters. International Gymnastics Federation, Code of Points 2022-2024: 2025-2028: International Gymnastics...
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Um... Epstein might not have killed himself...
Opening Arguments
OA1233 - We are not conspiracy theorist type people. But... yeah man I don't know. But also, so much more in these files to talk about. If you know anything about the federal government’s 2007 plea deal with Jeffrey Epstein you know that it was bad. But newly-released documents from the Epstein files show that it was actually much worse than that! Thanks to a newly-released legal memo, a draft indictment, and internal emails between prosecutors we now have a much better understanding of the disagreements within US Attorney for the District of Southern Florida Alex Acosta’s office as they...
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So... I guess DoJ needs to arrest itself for releasing CSAM in the latest Epstein files?
Opening Arguments
E21 - CONTENT WARNING / TRIGGER WARNING: references to child sex abuse, child sex abuse materials, survivor accounts Watch this episode on ! The Epstein Files have been released--or have they? Days after the Department of Justice’s delayed and poorly-redacted release of millions of new documents connected with the world’s most infamous sex trafficker, we sit down for a first look at what is (and isn’t) in here. We begin with Deputy Attorney General Todd Blanche’s attempt to fight for the right to party with Jeffrey Epstein before evaluating the DOJ’s efforts to comply...
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Gavel Gavel - Liz Skeen on Luigi Mangione's Case WITH 1/30 RULINGS UPDATE
Opening Arguments
OA1232 - Hey OA-ers, this episode was a Gavel Gavel bonus, but we wanted to be sure everyone was updated on what's going on with the Luigi Mangione trials. New York public defender Liz Skeen is here to break it all down! And since the judge made some rulings on 1/30, I've got an update for ya! Check out the OA for all the places to go and things to do!
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All of a Sudden SCOTUS Cares About the Real World Effects of Their Decisions
Opening Arguments
OA1231 - The DHS funding battle is important, but really can't accomplish what you might hope it can. When it comes to the Fed, ALL OF A SUDDEN the court cares about the real world effects of their decisions. And a figure skating related footnote!
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The Complicated Web of Immunities That Makes Accountability So Difficult, Part 2
Opening Arguments
Part 2 of 2. OA 1230 - Seeing all the obstacles to holding government officials accountable, Congress created Section 1983, allowing citizens to sue for money damages for violations of their civil rights. We cover how that works, the one weird trick it uses to get around state sovereign immunity, and how that accidentally created the infamous qualified immunity doctrine that has made police seemingly unaccountable. We also discuss proposed reforms that might fix issues of qualified and sovereign immunity. , 386 U.S. 547 (1967) , 490 U.S. 386 (1989) , 555 U.S. 223 (2009) , 584 U.S....
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The Complicated Web of Immunities That Makes Accountability So Difficult
Opening Arguments
Part 1 of 2. OA 1229 - What happens when a government worker does you wrong? How is it different to prosecute and sue them? When does qualified immunity come in to play? We discuss the steps involved in prosecuting and suing someone for a simple battery, and how that differs for a regular person versus a state actor. We cover how and when defenses can be raised, federal and state sovereign immunity, suing in official versus personal capacity, the difference between absolute and qualified immunities, and the ways this will apply differently to criminal prosecution versus civil litigation. , 7...
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Greenland Is Ice and ICE Is Nazis
Opening Arguments
OA1228 - On this week's Rapid Response Friday: we take on all of your legal questions about this whole Greenland thing--including how a 1916 diplomatic treaty with Denmark also enabled some of Jeffrey Epstein’s worst crimes. Also discussed: what it took to finally force Lindsay Halligan to stop telling everyone that she was the U.S. Attorney for the Eastern District of Virginia, and how a Minnesota judge designed her unique order to protect Minneapolis protesters and observers from ICE’s lawless violence. Finally, in today’s footnote: is it enough that McDonald’s can promise that their...
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Silky Shah has been fighting ICE for its entire existence
Opening Arguments
E20 - Detention Watch Network executive director Silky Shah has been organizing against ICE on the ground to fight throughout the agency’s entire 23-year existence. We are excited to welcome her and her unique perspective to Opening Arguments to discuss both the urgency and the hope of our current moment, the challenges faced by organizers and advocates, what lawyers can (and can’t) do in the face of a lawless system, and imagining life after ICE. You can also watch this episode on ! , Silky Shah (2024) Silky Shah, Truthout (1/20/2025) website Check out the OA for all...
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RFK Jr. Is Practically Running a Tuskegee Syphilis Study and Almost No One Is Talking About It
Opening Arguments
OA1227 - Come play the worst ever round of the Connections game and figure out what on earth Tuskegee Alabama, the CDC, Southern Denmark University, and the West African country of Guinea-Bissau all have in common, as RFK Jr. continues his campaign of “just asking questions” that we already have the answer to. . Heller, J. (July 25, 1972; republished May 10, 2017). Associated Press. . Centers for Disease Control. (September 4, 2024). . (Department of Health and Human Services regulations to implement the National Research Act and create Institutional Review Board policies). . World...
info_outlineOA1086 - We're modifying the schedule a little! Introducing fash-watch with Lydia. We're going to keep a very watchful eye on Trump's incoming government. We're starting this week with the EPA Administrator Lee Zeldin and UN Ambassador Elise Stefanik.
But don't worry! After that, we're still on with Heather and the regularly scheduled bar exam failure! Make sure to find openargs on Bluesky and play T3BE there!
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