Plead the Fifth artwork

Plead the Fifth

22 episodes - English - Latest episode: over 3 years ago - ★★★★★ - 15 ratings

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.

Government News Politics law plead the fifth constitution legal lawyer amendments case attorney criminal rights
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Episodes

Plead the Fifth Turns 1!

October 21, 2020 01:00 - 23 minutes - 15.9 MB

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

September 19, 2020 19:00 - 23 minutes - 16.1 MB

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

August 15, 2020 20:00 - 41 minutes - 28.7 MB

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 20:00 - 25 minutes - 17.6 MB

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

April 24, 2020 02:00 - 27 minutes - 18.8 MB

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?

April 09, 2020 23:00 - 21 minutes - 15.1 MB

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

March 13, 2020 00:00 - 22 minutes - 15.2 MB

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

February 27, 2020 16:00 - 25 minutes - 17.8 MB

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"

February 18, 2020 21:00 - 25 minutes - 17.6 MB

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

February 06, 2020 03:00 - 26 minutes - 18.5 MB

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

January 25, 2020 23:00 - 24 minutes - 16.9 MB

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

December 24, 2019 17:00 - 21 minutes - 14.8 MB

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

December 15, 2019 23:00 - 14 minutes - 10.2 MB

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

December 06, 2019 04:00 - 22 minutes - 15.8 MB

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

November 30, 2019 04:00 - 28 minutes - 19.3 MB

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

November 20, 2019 23:00 - 27 minutes - 18.6 MB

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

November 14, 2019 02:00 - 20 minutes - 14 MB

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

November 07, 2019 00:00 - 25 minutes - 17.6 MB

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

November 01, 2019 03:00 - 25 minutes - 17.4 MB

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

October 25, 2019 07:00 - 31 minutes - 21.5 MB

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

October 18, 2019 18:00 - 29 minutes - 20.1 MB

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

October 14, 2019 22:00 - 27 minutes - 18.9 MB

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