Opening Arguments

Valena Beety, a law professor at Indiana University and co-founder of the Indiana Innocence Project, discusses wrongful convictions of women, revealing shocking statistics—75% of exonerated females were convicted of crimes that never happened. She delves into systemic issues fueling these injustices, such as gender and ableism, and highlights tragic cases like Christine Bunch. The conversation emphasizes the need for accountability in the legal system and calls for re-evaluation of flawed evidence and biases that lead to wrongful accusations.

OA1162 - It’s all good news from our favorite branch of government today! We review recent judicial wins in everything from illegal deportations to tariffs to the Trump administration’s wars on international students,  private law firms, and common-sense understandings of the expression “foreign policy.” Plus, Matt shares a footnote from the front lines of Trump’s mass deportation efforts to explain why an immigration judge 2000 miles away just left him an angry voicemail. MA District Court judge Brian Murphy’s preliminary injunction in DVD v. DHS (4/18/25) Judge Murphy’s denial of DHS’s motion to reconsider (5/26/25) Order to return O.C.G. to Guatemala (5/23/25) Judge Michael Fabiarz’s order on Mahmoud Khalil’s habeas claim (5/28/25) VOS v. USA decision from the Court of International Trade (5/28/25)  DC Circuit judge Tanya Chutkan’s decision in New Mexico v. Musk (5/27/2025) Judge Richard Leon’s order in Wilmer Hale’s challenge to Trump EO (5/27/25)

T3BE71 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1161 - Micah Herskind is an activist, Harvard law student, and most recently a co-editor of the essay collection No Cop City, No Cop World with Mariah Parker and Kamau Franklin. We welcome Micah on to discuss his experience with Atlanta’s Stop Cop City movement and the lessons which activists and advocates around the US can learn from it in these times of mass dissent in the face of American authoritarianism.  No Cop City, No Cop World, ed. Micah Herskind, Mariah Parker, & Kamau Franklin (2025) Cop City RICO Indictment, Fulton County Superior Court (8/29/2023) “The Tools of Repression,” Hanah Riley & Micah Herskind, Inquest (4/24/25) The Free Speech Forest Fund Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Sheryl Weikal, an Illinois trial lawyer and author of 'I Was an Abomination,' discusses her groundbreaking 'name-your-own-price' legal practice aimed at helping marginalized communities. She shares personal experiences of discrimination faced as a transgender lawyer and the systemic challenges within the legal profession. The conversation delves into the unequal access to public defense and legal representation, highlighting the need for reform and resilience amid adversity. Sheryl's inspiring journey is a testament to the fight for justice and dignity.

The hosts kick off with some lighthearted banter, reminiscing about their bar exam struggles. They dive into the complexities of vicarious liability in drunk driving cases and the nuances of dram shop laws. Humor flows freely as they dissect legal responsibilities for bars and the confusing concept of 'detours and frolics.' A fascinating discussion on clergy penitent privilege reveals when confidential conversations can be compelled in court. The episode wraps up with personal anecdotes and community engagement, blending humor with serious legal insights.

Rachel López, a Temple Law Professor dedicated to uncovering human rights abuses in Guatemala, dives into her crucial role in preserving court records from the Guatemalan Civil War. She discusses the significance of transitional justice and lessons for future accountability efforts. López shares her unique journey into academia fueled by passion for human rights and reflects on the geopolitical influences complicating justice. Her work aims to spotlight historical atrocities, particularly during a brutal dictatorship, and emphasizes the necessity of accessible legal documentation for justice.

Tune in for a lively discussion on the complexities of birthright citizenship amid recent Supreme Court arguments. The hosts tackle the implications of a potential executive order and the mischaracterization of the case. They delve into the practicalities of dealing with ICE and protecting personal rights, while riffing on libertarian views with humor. The conversation also dives into the outrageous world of fast food advertising, exposing the gap between marketing and reality. Expect a blend of legal insights and light-hearted banter throughout!

Join the hosts as they humorously delve into the legal intricacies of property ownership in divorce scenarios. Explore joint tenancy and co-tenancies, unraveling the automatic transfer of rights upon death. The discussion takes a twist with an engaging look at dram shop liability in drunk driving incidents, emphasizing personal responsibility. Personal anecdotes and playful banter keep the tone light while touching on serious topics. Fans will appreciate the lively interaction and community celebration sprinkled throughout the conversation!

Leah Litman, a University of Michigan Law professor and co-host of Crooked Media’s Strict Scrutiny podcast, dives into her new book, 'Lawless', unpacking the Supreme Court's role in today's society. She contrasts the shifting dynamics of the court with political tensions, and discusses how justices Kavanaugh, Barrett, and Gorsuch navigate pivotal issues. Litman also sheds light on the emotional toll on law students amidst current politics and reflects on how popular culture can make legal discussions more accessible.