Podcasts about jenessa

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Best podcasts about jenessa

Latest podcast episodes about jenessa

Opening Arguments
When Super Soaker Got Sued by a Totally Lame Squirt Gun

Opening Arguments

Play Episode Listen Later Jun 1, 2026 53:36


OA1266 - Can wearing a corset be considered a “public” use of the product? What makes someone (or some thing) an inventor? What is it exactly that makes the Super Soaker so rad? Get the answers to these questions and more from… patent law? Jenessa walks us through some of her favorite wacky cases (that also teach us core patent law concepts). Egbert v. Lippmann, 104 U.S. 333 (1881) Thaler v. Vidal, 43 F.4th 1207 (2022) Larami Corp. v. Amron, 27 U.S.P.Q.2d 1280 (E.D. Pa. 1993) Larami Corp. v. Amron, 91 F.3d 166 (Fed. Cir. 1996) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
Woman in Labor Spent 3 Hours Fighting a Judge on Zoom to Avoid a Forced C-Section

Opening Arguments

Play Episode Listen Later May 25, 2026 62:23


OA1264 - Sherise Doyley was in the early stages of labor, in a hospital bed, preparing to deliver her baby, when nurses wheeled in a computer. On the screen was a judge, notifying her of an emergency order by the State of Florida to attempt to force her to undergo a C-section, instead of first attempting vaginal delivery. For 3 hours she advocated for herself, without an attorney, barely covered in a hospital gown. How was any of this legal? What is happening? Jenessa breaks down the history of our rights to make our own medical decisions and how that is legally modified in pregnancy, Lydia shares her own birth experience and how these situations could be handled with actual compassion, and Thomas holds very still in hopes our eyes are based on movement (just kidding, Thomas is very supportive and also outraged). Come rage against the machine with us and hopefully breathe life into a revived pro-choice movement, before it's too late. Amy Yurkanin (Mar. 14, 2026), They Didn't Want to Have C-Sections. A Judge Would Decide How They Gave Birth, ProPublica. Video clips of Doyley hearing, provided by ProPublica's Facebook page Anuli Njoku, Marian Evans, Lillian Nimo-Sefah, & Jonell Bailey (2023). Listen to the Whispers before They Become Screams: Addressing Black Maternal Morbidity and Mortality in the United States, 11 Healthcare 438. Brad N. Greenwood, Rachel R. Hardeman, Laura Huang, & Aaron Sojourner (2020), Physician–patient racial concordance and disparities in birthing mortality for newborns, 117 Proceedings of the National Academy of Sciences 21194. Maternal Mortality Prevention (Dec. 18, 2025). Data from the Pregnancy Mortality Surveillance System, CDC. Bracey Harris & Elizabeth Chuck (Jan. 9, 2026), 'Her worst fear has come to pass': Midwife who advocated for Black women dies after giving birth, NBC News. Camila Domonoske (Apr. 17, 2018), 'Father Of Gynecology,' Who Experimented On Slaves, No Longer On Pedestal In NYC, NPR. Megan L. Swanson, Sara Whetstone, Tushani Illangasekare, & Amy (Meg) Autry (2021), Obstetrics and Gynecology and Reparations: The Debt We Owe (and Continue to Accumulate), 5 Health Equity 353. Nicole Loy (May 16, 2025), Pain and Gynecology: Raising Standards of Care, The Healthcare Review at Cornell University. Jess Mador (July 29, 2025), A Brain-Dead Pregnant Woman Was Kept Alive in Georgia. It's Unclear if State Law Required It, KFF Health News. (June 2025), Pregnancy Exceptionalism: A Review of Restrictions on Advance Directives, Pregnancy Justice. U.S. Const. amend. IX Jacobson v. Massachusetts, 197 U.S. 11 (1905) Rochin v. California, 342 U.S. 165 (1952) Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261 (1990) Washington v. Harper, 494 U.S. 210 (1990) Roe v. Wade, 410 U.S. 113 (1973) Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992) Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) Heller v. Doe, 509 U.S. 312 (1993) State Dept. of Human Services v. Northern, 563 S.W.2d 197 (1978) Lane v. Candura, 6 Mass. App. Ct. 377 (1978) Koskenoja v. Whitmer, Mich. Ct. Cl. (2026) (Apr. 20, 2026), Michigan Pregnancy Exclusion Law is Unconstitutional, Compassion & Choices. Check out the OA Linktree for all the places to go and things to do!  

Opening Arguments
When Alito's Jurisprudence Is Kavanaughs All the Way Down

Opening Arguments

Play Episode Listen Later May 18, 2026 58:48


  OA1262 - How are a car accident in California, a tax fraud case in Nevada, and two bus accidents in New York and Pennsylvania all connected to the Dobbs abortion case? Find out on this week's accidental too-deep dive into state sovereignty. Jenessa read a bunch of extra cases just to be thorough, and accidentally uncovered Kavanaugh planting the seeds that would grow into the “egregiously wrong” “rule” for ignoring stare decisis. But also mostly we'll talk about the weird world of state sovereignty, Clarence Thomas being obnoxious and ahistorical while accusing everyone else of being ahistorical, and Sotomayor getting some peace for a change to write a pleasant little 9-0 decision about some non-partisan procedural legal nerdery that benefits injured plaintiffs. Nevada v. Hall, 440 U.S. 410 (1979) Franchise Tax Board of California v. Hyatt, 587 U.S. 230 (2019) Listen to oral arguments on Oyez: https://www.oyez.org/cases/2018/17-1299; Timestamp for Kavanaugh dropping the “egregiously wrong” bomb: 50:47 Ramos v. Louisiana, 590 U.S. 83 (2020), Kavanaugh concurrence Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) Galette v. New Jersey Transit Corp., 607 U.S. ___ (2026) The “major questions doctrine” Kavanaugh inception timeline: U.S. Telecom Association v. F.C.C., 855 F.3d 381, 422-423 (D.C. Cir 2017), Kavanaugh dissent Repeal of the Clean Power Plan, 84 Fed. Reg. 32520, 32529 (proposed Jul. 8, 2019) (to be codified at 40 C.F.R. pt. 60). West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022) Additional sources: Episodes 1229 & 1230 for an in-depth explanation of immunities, including state and federal sovereign immunity: “The complicated web of immunities that makes accountability so difficult” Chisholm v. Georgia, 2 U.S. 419 (1793) U.S. Const. amend. XI Hans v. Louisiana, 134 U.S. 1 (1890) Ex parte Young, 209 U.S. 123 (1908) Check out the OA Linktree for all the places to go and things to do!  

Opening Arguments
Callais Is Worse Than You Think. No, Even More Worse. Nope, STILL WORSE THAN THAT.

Opening Arguments

Play Episode Listen Later May 11, 2026 64:33


OA1260 - The Supreme Court lectures us on the right way to combat racism, which is to close our eyes and pretend it's not happening. In Louisiana v. Callais… the court guts the Voting Rights Act, weaponizes the 14th Amendment against prevention of racial discrimination in the name of preventing racial discrimination, and opens the door to banning basically all government or government-sponsored practices designed to combat racism. Or national origin discrimination. And probably gender discrimination. However bad you've heard this is, it's worse. Listen to Jenessa and Thomas slowly lose their minds as they game out the myriad implications of this nonsense. Previous episode on this topic: 1199 “They're Going to End the Voting Rights Act. But at Least We Got to Hear KBJ Murder a Guy in Court” If Matt has a footnote fetish(tm), I guess Jenessa has a shownote fetish because she has so many that I need to put it in a google doc.

Opening Arguments
When You Oppose War, But Not Religiously

Opening Arguments

Play Episode Listen Later Apr 27, 2026 66:54


OA1256 - Will there ever be a draft again? Who knows. But if there is, what does one have to do to claim "conscientious objector” status? During the Vietnam War, the Supreme Court grappled with how to apply that explicitly religious statutory exemption to people whose modern beliefs don't seem to fit the religious mold that Congress defined in the 40s. Jenessa walks us through the court's mental gymnastics to avoid ever admitting that anyone could be an atheist, and the concurrence that calls it out. Note: The analysis of the Free Exercise Clause in this episode is specific to the time period of these cases. It got more complicated in the 90s (see sources below). United States v. Seeger, 380 U.S. 163 (1965). Welsh v. United States, 398 U.S. 333 (1970). Military Selective Service Act 50 U.S.C.App. § 456(j) Roger M. Sanborn, The Anti-War Movement and the Seeger Decision, 6 Santa Clara Lawyer 230 (1965). Kali Martin, (October 16, 2020), Alternative Service: Conscientious Objectors and Civilian Public Service in World War II, The National WWII Museum. Albert Q. Maisel, (May 6, 1946), Bedlam: Most US Mental Hospitals are a Shame and a Disgrace, Life Magazine at 102-118. Reproduction (without the old-timey ads or graphic photos) Original LIFE publication (CW: Graphic photos of abuse of patients in mental health hospitals) Quaker FAQ. Friends United Meeting. Karlo Broussard, What is a ‘Just War'?, Catholic Answers. Engel v. Vitale, 370 U.S. 421 (1962) 1963: Even facially-neutral generally-applicable laws have to pass strict scrutiny if they burden the free exercise of religion Sherbert v. Verner, 374 U.S. 398 (1963) 1990: Never mind it's rational basis Employment Division v. Smith, 494 U.S. 872 (1990) 1993: Just kidding it's strict scrutiny again Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb 1997: Just kidding that only applies to the federal government City of Boerne v. Flores, 521 U.S. 507 (1997) 2000: Nope it's strict scrutiny for state and local government again (well… if it relates to land use or prisons) Religious Land Use and Institutionalized Persons Act (RLUIPA) 42 U.S.C. § 2000cc For a summary: Cassandra M. Vogel, An Unveiling: Exploring the Constitutionality of a Ban on Face Coverings in Public Schools, 78 Brook L. Rev. (2013). Check out the OA Linktree for all the places to go and things to do!  

Asian American History 101
A Conversation with Professor Theodore Chao and Jenessa Joffe, Two Co-Authors of Auntie Kristina's Guide to Asian American Activism

Asian American History 101

Play Episode Listen Later Apr 13, 2026 37:22


Welcome to Season 6, Episode 15! Today our guests are two of the co-authors of the very cool new book Auntie Kristina's Guide to Asian American Activism… Jenessa Joffe and Professor Theodore Chao. Jenessa Joffe is a Los Angeles-based writer, director, producer, and mother who is passionate about creating social change through comedic, kid-focused content. Theodore Chao is an Assistant Professor in the Department of Elementary and Bilingual Education at California State University, Fullerton. His research centers on Digital Mathematics Storytelling to amplify counter-narratives that challenge harmful stereotypes in mathematics education. Auntie Kristina's Guide to Asian American Activism is an entertaining and informative book designed for kids from approximately aged 10-14. It's witty and inspiring, and discusses the Asian American community, past and present; explores allyship with other communities of color; finds a place in national and global movements; and turns inward so young readers can practice love and self-care. In our conversation, Jenessa and Theodore share a little about how the book came to be, some of the challenges and benefits to putting Auntie Kristina in print, the intentionality in designing activities, and more. The book will release on April 14, but if some outlets are already shipping it! To learn more about Auntie Kristina's Guide to Asian American Activism, Theodore, Jenessa, or the other two authors Kristina Wong and Anna Michelle Wang, we've listed their details below: bookshop.org link link to Auntie Kristina's Guide to Asian American Activism Instagram for the book: @AuntieKristinaGuide Website: www.theodorechao.com  Instagram: @professorteds Website: www.jenessajoffe.com Instagram: @jenessajoffe Website: www.kristinawong.com  Instagram: @mskristinawong Website: www.annawang.com  Instagram: @_annamichellewang Watch Radical Cram School If you like what we do, please share, follow, and like us in your podcast directory of choice or on Instagram @AAHistory101. For previous episodes and resources, please visit our site at https://asianamericanhistory101.libsyn.com or our links at http://castpie.com/AAHistory101. If you have any questions, comments or suggestions, email us at info@aahistory101.com.

Serious Inquiries Only
SIO510: Digging Into the Science of the Placebo Effect

Serious Inquiries Only

Play Episode Listen Later Apr 12, 2026 56:16


  Popular media will tell you that placebos, inert inactive substances taken as if they're medication, can work miracles. …Placebos don't “work”. But what does that even mean? And if that's true, why would we include a placebo group in a study? Is there anything remotely like a “true”'placebo effect, where belief in a medication could influence the body? Jenessa walks us through scientific study design, statistical artifacts, and one study that shows maybe just maybe there's a little something like an actual placebo “effect”… but it's still not magic! Tune in to hear how on earth that could be possible. Nolan, T.A., Price, D.D., Caudle, R., Murphy, N.P., & Neubert, J.K. (2012). Placebo-induced analgesia in an operant pain model in rats. Pain, 153, 2009-2016. Brissonnet, J. (2015). Placebo, are you there? Science Based Medicine. Studeman, D. (2007). But I regress… The Hardball Times. McCambridge, J., de Bruin, M., & Witton, J. (2012). The effect of demand characteristics on research participant behaviours in non-laboratory settings: A systematic review. PLoS One, 7. Are you an expert in something and want to be on the show? Apply here!

Serious Inquiries Only
SIO508: The Data Shows That Authoritarianism Is Very Often Successfully Reversed. Yes, Really.

Serious Inquiries Only

Play Episode Listen Later Mar 31, 2026 70:40


“Yes we can” vote and protest our way out of authoritarianism. It's a classic case of academic literature never making it to mainstream consumption. Hang around social media long enough and you'll hear that we're basically screwed. A complete fascist take over is either extremely likely, inevitable, or it's already here. And there's not much we can do about it. Unless some other country invades us, we'll be waiting for a civil war or a bloody military coup to hopefully maybe turn things around. That's what history teaches us, right? Literally the opposite. An incredible data set that a team of thousands of academics have been assembling for over a decade provides a unique opportunity to examine these questions with fresh eyes. To look at wannabe dictators and see how many succeeded, how many eventually lost power, how democracy returned (if ever), and why. With this systematic approach, we see that strengthened democracy specifically because of authoritarian episodes is increasingly common. In fact, in the last 30 years it's the most common response to autocratization, and most often achieved by internal democratic actors. Taking this into account, events once viewed as episodes of successful stand-alone autocratization, with resistance ultimately futile, are actually better characterized as failures that caused a wave of democratic sentiment in the populace. Successful civil resistance that just took time. Jenessa takes us through the paper that has her jumping for joy this week. Resist! Nord, M. Angiolillo, F., Lundstedt, M., Wiebrecht, F., & Lindberg, S.I. (2025). When autocratization is reversed: episodes of U-Turns since 1900. Democratization, 32, 1136-1159. Frequently asked questions. Varieties of Democracy Institute. The Episodes of Regime Transformation (ERT) dataset. Varieties of Democracy Institute. V-Dem. Electoral Democracy Index, 2024. Our World in Data. Sato, Y., Lundstedt, M., Morrison, K., Boese, V.A., & Lindberg, S.I. (2022). Institutional order in episodes of autocratization. The Varieties of Democracy Institute. Armitage, C. (Aug. 13, 2025). I researched every attempt to stop fascism in history. The success rate is 0%. The Existentialist Republic. Further reading: Nord, M., Angiolillo, F., Good God, A., & Lindberg, S.I. (2025). State of the world 2024: 25 years of autocratization – democracy trumped? Democratization, 32, 839-864. Anti-Pluralism. European Center for Populism Studies. Coppedge, M. (2023). V-Dem's conceptions of democracy and their consequences. The Varieties of Democracy Institute. Lührmann, A. & Lindberg, S.I. (2019). A third wave of autocratization is here: What is new about it? Democratization, 26, 1095-1113. Croissant, A. & Lott, L. (2025). Democratic resilience in the twenty-first century: Search for an analytical framework and explorative analysis. Political Studies, 0, 1-28. Tomini, L., Gibril, S. & Bochev, V. (2023). Standing up against autocratization across political regimes: A comparative analysis of resistance actors and strategies. Democratization, 30, 119-138. Wiebrecht, F., Sato, Y., Nord, M., Lundstedt, M., Angiolillo, F., & Lindberg, S.I. (2023). State of the world 2022: Defiance in the face of autocratization. Democratization, 30, 769-793. Gamboa, L. (2017). Opposition at the margins: Strategies against the erosion of democracy in Colombia and Venezuela. Comparative Politics, 49, 457-477. Laebens, M.G., & Lührmann, A. (2023). What halts democratic erosion? The changing role of accountability. In Lührmann, A. & Merkel, W. (Eds.), Resilience of democracy: Responses to illiberal and authoritarian challenges (pp. 40-61). Routledge. Are you an expert in something and want to be on the show? Apply here!

Opening Arguments
Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO

Opening Arguments

Play Episode Listen Later Mar 30, 2026 61:29


Part 2: How Subnautica 2 got its CEO back Welcome back to the strange tale of video game publisher Krafton, the bonus they really didn't want to pay to developer Unknown Worlds, and the contract dispute that delayed release of the much-anticipated game Subnautica 2. In part 1, we learned the back story behind the tense relationships, and the terms of the contract. Here in part 2, Jenessa walks us through the absolute bench-slap from a judge who has had it up to here with Krafton's transparent attempts to breach the contract now and justify it later. Come for the drama, stay for the rules of contract law. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). https://courts.delaware.gov/Opinions/Download.aspx?id=392880 Fortis Advisors. https://www.fortisrep.com Chalk, A. (2026). PUBG maker Krafton is an AI defense company now, signs deal with Korean aerospace firm that includes investment of up to $1 billion aiming 'to expand the physical AI ecosystem'. PC Gamer. https://www.pcgamer.com/software/ai/pubg-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/ Winslow, L. (2025). Subnautica 2 devs claim there's no GenAI in game after publisher's “AI first” shift. Gamespot. https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/

Opening Arguments
Idiot CEO Used ChatGPT to Try to Screw Over Subnautica Creators

Opening Arguments

Play Episode Listen Later Mar 23, 2026 54:11


OA1246 - Part 1: “The AI was nicer about it” and other reasons I ignored my lawyer: the Subnautica 2 story ChatGPT cannot warp space-time to make you un-sign that contract. Unfortunately for video game publisher “Krafton”, the world's-best-cheerleader will instead gently tell you that your intention to break an air-tight contract without illegally breaching it will be difficult, and then give you a plan to try anyway. Team of lawyers screaming “please god stop” be damned. The plan worked great, right up until it hit a judge. Developer “Unknown Worlds”, creator of the hit game “Subnautica” just won a substantial victory for breach of contract against Krafton, securing the reinstatement of their own CEO, and probably a massive bonus in the process. In part 1, Jenessa walks us through the story of how Unknown Worlds was formed, why they sold to Krafton, the terms of the contract, how the relationship went south, and why “Subnautica 2” got delayed. Tune in to part 2 to hear how the lawsuit was decided. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). Fortis Advisors Weisdorfer, E. (2024). Transformative play: The legalities of modding in the video game industry. Cybaris, 16, 79-115. Check out the OA Linktree for all the places to go and things to do!  

Opening Arguments
Ballots Seized in Georgia? Voting Chaos in Dallas? Here's What to Make Of It.Please use this Draft for 03/16 - Libsyn Ads Ops

Opening Arguments

Play Episode Listen Later Mar 16, 2026 52:58


OA1244 - More election news updates. What the heck happened in Dallas? How is hunting for fraud in Georgia still a thing? Why is the DOJ trying to get non-public voter data from the states? There's smoke. There's fire. But it might not be coming from the places everyone is looking. Jenessa helps us focus our concerns in the right direction, and maybe calms our nerves just a bit. Georgia court documents Affidavit: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.22.2_3.pdf Search warrant: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.1.5_1.pdf Order to unseal documents: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.9.0.pdf Cline, S., Swenson, A., & Riccardi, N. (Mar. 3, 2026). Change in primary voting rules leads to confusion in 2 Texas counties as voters are turned away. ABC 13. Democracy Docket (Mar. 3, 2026). Texas Dallas County polling hours extension request. Rose, S. (Feb. 3, 2026). Thousands of ballots seized in GA. Here's how it will affect voter info, how you can protect yours. Ledger-Enquirer. Fowler. S. (Feb. 11, 2026). The FBI seizure of Georgia 2020 election ballots relies on debunked claims. NPR. Duster, C. (Oct. 5, 2024). Can someone find out who you voted for? No. Here is what you should know. NPR. Sherman, A. (Feb. 1, 2022). A claim about serial numbers on ballots is misguided. Politifact. Dawsey, J., Volz, D., & Gurman, S. (Jan. 29, 2026). Spy chief Tulsi Gabbard is hunting for 2020 election fraud. Wall Street Journal. Kaplan. A. (Jan. 16, 2026). LindellTV host Emerald Robinson claims Patrick Byrne “got called in to the white house”. Media Matters for America. Clark. D.B. (Feb. 9, 2026). The conservative researcher being linked to the FBI's seizure of election records in Georgia. ProPublica. ACLU New Jersey (Mar. 4, 2026). Civil rights groups, New Jersey voters file motion to protect voters' privacy. Biryukov, N. (Feb. 27, 2026). Trump administration sues New Jersey for voters' private information. New Jersey Monitor. Check out the OA Linktree for all the places to go and things to do!  

Opening Arguments
The Sketchy and Incredibly Recent Origins of the Major Questions Doctrine

Opening Arguments

Play Episode Listen Later Mar 9, 2026 71:41


OA1242 - Ever heard of the “major questions doctrine”? Most lawyers sure hadn't until a few years ago. So how did it get that important-sounding name? Where did it come from? What even is it? How can we call something a “doctrine” or a rule if we don't have a clear rule statement to cite to? (Hint: You can't). If you've been feeling like maybe this is all made up and the points don't matter, you can get your vindication here as we trace back the history of this ever-changing heavily-politicized increasingly-disputed amorphous blob. Jenessa read way too many cases and law review articles to tolerate this nonsense today. Timeline, each citing the one below it: 1. “Major questions doctrine” first appearance in any court case: West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022) 2. “Major question doctrine” [not plural] in an EPA statement on deregulations: Repeal of the Clean Power Plan, 84 Fed. Reg. 32520, 32529 (proposed Jul. 8, 2019) (to be codified at 40 C.F.R. pt. 60). 3. “Major rules doctrine”: U.S. Telecom Association v. F.C.C., 855 F.3d 381, 422-423 (D.C. Cir 2017), Kavanaugh dissent. (Note: There are many decisions by this name, including one from the D.C. Circuit in 2016, all of which are more prevalent online. Only this exact citation, minus the “422-23” pincite, will get you to the right case. Unfortunately I cannot find it outside the paywall to provide a link). 4. “Economic and political significance” allegedly the first unnamed use of the concept: F.D.A. v. Brown & Williamson Tobacco Co. 529 U.S. 120 (2000) 5. “Major questions” first appears in any legal scholarship… well those words appear in that order, at least: Stephen Breyer, Judicial Review of Questions of Law and Policy, 38 Admin. L. Rev. 363 (1986). Meanwhile, in another timeline: Cass R. Sunstein, There are two “Major Questions” Doctrines, 73 Admin. L. Rev. 475, (2021). First ever use of “major questions rule/exception” in a positive light in legal scholarship. Would become more mainstream around 2013-2016: Abigail Moncrieff, Reincarnating the "Major Questions" Exception to Chevron Deference as a Doctrine of Non-Interference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got It Wrong), 60 Admin L. Rev. 593 (2008). Moncrieff, above, cites this as the original coining of “major questions”, not Breyer's 1986 paper: Cass R. Sunstein, Chevron Step Zero, 92 VA. L. Rev. 187 (2006). Other definitions from legal scholarship: Allison Orr Larsen, Becoming a Doctrine, 76 Fla. L. Rev. 1 (2024). Austin Piatt & Damonta D. Morgan, The Three Major Questions Doctrines, Forward Wis. L. Rev. 19 (2024). Thomas B. Griffith & Haley N. Proctor, Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine, 132 Yale L.J. F. 693 (2022). Chad Squitieri, Who Determines Majorness?, 44 Harv. J.L. & Pub. Pol'y 463 (2021). Kevin O. Leske, Major Questions about the “Major Questions” Doctrine, 5 Michigan Journal of Environmental & Administrative Law 479 (2016). Jonas J. Monast, Major Questions About the Major Questions Doctrine, 68 Admin. L. Rev. 445 (2016). Other relevant cases: Learning Resources, Inc. v. Trump, 607 U.S --- (2026) Biden v. Nebraska, 600 U.S. 477 (2023) King v. Burwell, 576 U.S. 473 (2015) Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014) Check out the OA Linktree for all the places to go and things to do!

Serious Inquiries Only
SIO503: Viral Post Claims Texas Has More Democrats Than Republicans. Is That True?

Serious Inquiries Only

Play Episode Listen Later Feb 26, 2026 51:19


It's Quibi Time (tm) with Jenessa! (Don't worry, I'll explain...) It's 2 debunks for the price of 1, or actually 5 debunks for the price of 2, because this is a two-parter! Here are the first two: AI girlfriend Caramela, S. (2025, January 31). Most Men Would Marry Their AI Girlfriend if it were Legal. Vice. Fiorillo, C. & Bartlett, S. (2025, January 28). AI girlfriends could be a thing of the future as men admit they would marry robot lovers. The Mirror. Koetsier, J. (2025, April 29). 80% Of Gen Zers Would Marry An AI: Study. Forbes. Mashable. (2025, May 22). Majority of Gen Z would marry an AI, survey says. Yahoo!Life. (2025, May 11). GenZ Believes They Could Marry AI, Replace Human Connections: Report. NDTV World. Ulanoff, L. (2025, May 22). Would you marry an AI? A recent survey says most Gen Z-ers would - here's why that's a ridiculous idea. Techradar. Texas voter registration (2025, August 7). Texas. Independent Voter Project. (Thomas saw this viral Reddit post about it) Texas by the Numbers. L2. January 2025 Voter Registration Figures. Texas Secretary of State. Turnout and Voter Registration Figures (1970 - current). Texas Secretary of State. Are you an expert in something and want to be on the show? Apply here!  

Opening Arguments
Election News Is Great! Election LAW News Is... Mixed.

Opening Arguments

Play Episode Listen Later Feb 16, 2026 49:21


OA1236 - Elections grab bag! Election news has been accumulating, so Jenessa helps us get caught up on what's going on. Who's winning elections? What's going on with redistricting? Heard something confusing about the mail? Trump back on his bullshit again? Good news, mixed news, debunking alleged bad news, bad news with plans for how to turn things around; we've got it all. Updates since we recorded: The SAVE America Act passed the House. Also the affidavit for the warrant in Georgia was unsealed. We'll talk about it soon, but the short version is these people really still believe in election conspiracy theories. It's gross. We'll survive. John Hanna & Julie Carr Smyth (Feb. 1, 2026). Texas stunner: Democrat Taylor Rehmet flips Republican state Senate district Trump won by 17 points, Associated Press. Amy Howe (Feb. 4, 2026). Supreme Court allows California to use congressional map benefitting Democrats, SCOTUSBlog. Tangipa v. Newsom (docket and SCOTUSBlog coverage), SCOTUSBlog. Abbott v. League of United Latin American Citizens (docket and SCOTUSBlog coverage), SCOTUSBlog. H.R.7296 - SAVE America Act, Congress.gov. H.R.7300 - Make Elections Great Again Act. Congress.gov. Domestic Mail Manual 608.11 Domestic Mail Manual amendment explanation (Nov. 24, 2025). Postmarks and Postal Possession, Federal Register. 39 CFR Part 111 Dan Mooney, What Is RTO? Why Do We Have It?, National Association of Postal Supervisors (Aug. 19, 2025)  Regional Transportation Optimization (RTO) initiative. (Feb. 2, 2025). Service Standards for Market-Dominant Mail Products, Federal Register. 39 CFR Part 121 Track Your Ballot or Ballot Application, Vote.org. 2 U.S.C. § 7 - Time of election (Dec. 24, 2025). Table 11: Receipt and Postmark Deadlines for Absentee/Mail Ballots, National Conference of State Legislatures. Evan Lee (Jan. 15, 2026) Court holds that all candidates can challenge rules governing vote counting in elections, SCOTUSBlog. Bost v. Illinois State Board of Elections, 607 U.S. __ (2026). Bost v. Illinois State Board of Elections (docket and SCOTUSBlog coverage), SCOTUSBlog. Amy Howe (Nov. 10, 2025). Justices agree to decide major election law case, SCOTUSBlog. Watson v. Republican National Committee (Election Law) (docket and SCOTUSBlog coverage), SCOTUSBlog. Check out the OA Linktree for all the places to go and things to do!

Life Conversations with a Twist
When Your Gut Knows First: Health, Loss, And Big Decisions with Jenessa Wyatt

Life Conversations with a Twist

Play Episode Listen Later Feb 12, 2026 58:13 Transcription Available


"It gives people from grief to relief. It gives them a little bit of a lightened load when it comes to their emotional state, and they can not move on, but utilize it better." —Jenessa WyattThis episode explores how grief, fear, and uncertainty can be faced without losing grounding in real life. Psychic medium Jenessa Wyatt shares how her work blends evidence, intuition, and spiritual connection to help people find healing, protection, and clarity. Through stories of health warnings, house clearings, and personal lessons, she offers a practical, no-fluff perspective on how spirituality and everyday life can coexist. Tune into this episode and explore how grief, intuition, and spiritual protection can sit side by side with everyday life, not outside it.How Jenessa describes being a psychic medium and why comedy is part of her workTurning “grief to relief” through evidence-based mediumshipSpecific stories of medical warnings, early cancer flags, and ICU “downloads”Daily spiritual protection rituals with white light and candlesA dark entity attachment, poltergeist-like activity, and what finally cleared itHow she protects survivors of abuse during readingsWorking with spirits in homes, from gentle presences to unsafe entitiesSage, rituals, and practical house cleansing stepsChildren as sensitives, signs to watch, and when spirit contact becomes a concernPolitical energy, staged-looking events, and how fear is used to controlCorporations, pharma, food systems, and the economics of fearManaging intuitive downloads without losing mental and emotional stabilityJenessa's vision for a reality show that normalizes spirituality without scriptsA live mini reading for Heather: her friend's sudden passing, family health, and career shiftConnect with Heather: WebsiteLinkedInInstagramFacebookYouTubeEpisode Highlights:01:31 Meet Jenessa: From Grief to Relief 09:00 Carrying Heavy Topics: Death, Cancer, & Emotional Boundaries13:02 How Forgetting a Candle Opened the Door to a Dark Attachment17:00 Protecting Trauma Survivors 30:48 When to Take It Seriously37:09 Who Really Runs Things 47:06 Validating Energy and Personality Traits 53:33 For the FamilyResources:

Serious Inquiries Only
SIO500: A New Study Suggests Brain Imaging Might Have Significant Flaws

Serious Inquiries Only

Play Episode Listen Later Jan 1, 2026 72:56


Brain pics, or they didn't happen? There's a recent study that demonstrates that some brain region activity might interact differently with oxygen than previously assumed. This could upend significant neuroscience research spanning decades. Thankfully SIO has Dr. Jenessa Seymour to come in and break it all down for us! We start with a primer on the science of neuroimaging tools and the images they produce. How in the WORLD can we get a picture of a brain while a person is still alive? What are the things we need to know when evaluating scholarly articles or popular media coverage about the brain that uses these brain "scans" in discussing their results? And what do we need to see next to support the findings of this study that could have incredible ramifications across our understanding of the brain? Epp, S.M., Castrillón, G., Yuan, B. et al. BOLD signal changes can oppose oxygen metabolism across the human cortex. Nat Neurosci (2025). Example structural MRI (sMRI) of a human brain Güttler, F.V., Heinrich, A., Rump, J., de Bucourt, M., Schnackenburg, B., … Teichgräber, U.K. (2012). Magnetic resonance imaging of the active second stage of labour: Proof of principle. European Radiology, 22, 2020–2026 Diffusion Tensor Imaging (DTI) example image Example functional MRI (fMRI) Example fMRI with a more-appropriately blurry sMRI underneath After Warping Options, Configurable Pipeline for the Analysis of Connectomes (0, 4, and 8mm filter images) Jenessa's Brain: Jenessa's brain sMRI Are you an expert in something and want to be on the show? Apply here! Please support the show on patreon! You get ad free episodes, early episodes, and other bonus content!

Opening Arguments
Van Buren v. US and Amy Coney Barrett's So-So Textualism

Opening Arguments

Play Episode Listen Later Dec 29, 2025 66:45


OA1220 - What's an FBI agent to do when a notorious low life reports a local cop is asking for a bribe? Turn him into a confidential information of course, and see how far you can get that dirty cop to go. A tale of two assholes, steadily making each others' lives worse and worse, while one is wearing a wire. Now, why does the Supreme Court care about any of this? Half the conviction hinges on whether this cop “exceeded authorized access” under the Computer Fraud and Abuse Act (CFAA), and no one can agree what that means… including your cohosts. Hear Thomas try to figure out why Amy Coney Barrett is so obsessed with the definition of the word “so”, and Jenessa… defend Clarence Thomas?! This case is a hot mess, but the good news is everyone sucks here and no one wins. The relevant language: “The Act subjects to criminal liability anyone who “intentionally accesses a computer without authorization or exceeds authorized access,” and thereby obtains computer information. 18 U. S. C. §1030(a)(2). It defines the term “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.” §1030(e)(6).” Barrett's ruling: “In sum, an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases—that are off limits to him.” Van Buren v. United States, 593 U.S. 374 (2021) United States v. Van Buren, 940 F.3d 1192 (11th Cir. 2019) Full text of the CFAA: 18 U.S.C. § 1030 Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
SCOTUS Made Gerrymandering So Easy, You'd Have to Be a Texas Republican to F It Up

Opening Arguments

Play Episode Listen Later Nov 21, 2025 58:20


OA1209 - Are you done with legal doomerism? Us too. Take some time away from doomscrolling and join Matt and Jenessa for Rapid Response Friday as we consider four stories of legal corruption and authoritarianism failing in the face of honest federal judges, and a footnote about how one brave prison nurse exposed even more corruption in Epstein accomplice Ghislaine Maxwell's special treatment by the Trump administration. Complaint in United States v. State of New York, Northern Dist. of NY (7/9/25) New York's motion to dismiss in U.S. v. New York (8/4/25)  Judge Mae D'Agostino's order granting plaintiff's motion to dismiss in U.S. v. NY (11/17/25)  Indictment of James Comey, Eastern Dist. of VA (9/25/25) Judge William Fitzpatrick's order granting disclosure of grand jury materials in U.S. v. Comey (EDVA)(11/20/25) Judge Jeffrey Brown's order in LULAC v. Abbot, Western Dist. of TX (11/18/25) Decision on the Kingdom of Saudi Arabia's motion to dismiss in 9/11 litigation, Southern Dist. of NY (8/28/25) Check out the OA Linktree for all the places to go and things to do!

Mamas in Spirit
Purpose Even in Pain with Charlene Kuznia

Mamas in Spirit

Play Episode Listen Later Nov 20, 2025 40:17


As Charlene Kuznia reached adolescence, she started experiencing debilitating migraines. These headaches, along with severe endometriosis, continued to plague Charlene throughout her years as a wife and mother. In her 50s, Charlene felt a new kind of pain and tried everything she could to feel better. Nothing helped.  Charlene was diagnosed with a rare blood cancer and began her fight for survival. She felt "lower than low." In a moment alone—face down on her bedroom carpet—Charlene cried out to the Lord. This week's "mini retreat in a podcast" explores how Charlene was lifted from her suffering and unexpectedly gifted with a new sense of purpose. Charlene, along with her beautiful daughter Jenessa, created a new nonprofit called "Down Home." While undergoing life-saving treatments, Charlene also dedicated herself to helping families transition out of homelessness by providing furniture and décor.  Listen and deepen your understanding of God's purpose for you! Learn more about Down Home at www.down-home.org.

Opening Arguments
Reminder to Congress: Impeachment Exists. And It's the Only Acceptable Response to the Epstein Cover-up

Opening Arguments

Play Episode Listen Later Nov 14, 2025 60:40


OA1207 - We record a late-breaking reaction to the recent massive round of documents released from Jeffrey Epstein's estate and discuss how Trump may have just reached his most impeachable moment so far. Matt then shares some incredible news about how the end of Chevron deference has allowed federal judges to frustrate the administration's detention and deportation policies, and Jenessa gets into a lawsuit which challenges RFK Jr's replacement of the CDC's vaccine advisory board with people who don't advise vaccines. Finally, a footgoat [sic] on how one woman's quest to keep an unusual pet in Wyoming is running cover for some of the worst people on Earth.  Google Drive link to House Oversight Committee's release of documents from the Epstein estate (11/12/25) Massachusetts federal court's class certification in Guerrero Orellana Matter of Yajure-Hurtado 26 I&N Dec. 2016 (BIA 9/5/25) Complaint in Bontadelli v. City of Powell (D.WY 11/4/25) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
Turns Out Our Civil Rights Come From... A Parking Garage in Wilmington, Delaware?

Opening Arguments

Play Episode Listen Later Nov 10, 2025 57:17


In our continuing Still Good Law series, Jenessa explains how a dispute arising from a parking garage in Wilmington, Delaware became the foundation for one of the most important concepts in civil rights: determining that a private or quasi-public individual or entity is operating “under color of law.” How does this concept help to hold law enforcement and other governmental agencies accountable, and how is it holding up in 2025? Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) Monroe v. Pape, 365 US 167 (1961) 42 USC 1983

What Bubbles Up
S6E12: What Bubbles Up in...Global Design Thinking!

What Bubbles Up

Play Episode Listen Later Nov 8, 2025 60:55


In this episode of, Phil and Barry engage in a rich conversation with CX Transformation Strategist, Author, and Podcaster Jenessa Carder about her journey from Boston to Japan and the cultural insights she has gained along the way. We discuss the importance of empathy in design, the challenges of being a foreigner in Japan, and how personal stories can enhance design practices. Jenessa shares her experiences with inclusivity in design and the power of storytelling, as well as her recent projects, including her book "The Curious Nail Who Stuck Out", and the resultant podcast, "The Curious Nail". This conversation emphasizes the significance of understanding diverse perspectives and the role of design in creating inclusive experiences. Enjoy!Drinks: Devil's Purse Brewing Co. Handline Kölsch, Glaabsbräu Pilsener, Tully's Barista Black CoffeeLinks: https://expressanything.squarespace.com/curiousnail

Opening Arguments
GOOD THINGS HAPPENS! 100% GOOD NEWS OA DAY!

Opening Arguments

Play Episode Listen Later Nov 7, 2025 50:32


OA1205 - It's another good news Friday! Voting rights expert Jenessa runs down some of the highlights of the off-year blue sweep in this week's elections, as well as some recent unsung national victories for voting and disability rights. Matt then checks in on the Supreme Court's oral arguments from the challenge to Trump's unprecedented tariffs and why it is looking like he might actually lose his administration's first attempt to defend one of his second administration's policies on the merits.  Finally, in today's footnote: Why a federal judge recently decided that a lawsuit brought by the man whose penis was once featured on the cover of the most important albums of 1990s smelled like summary judgment.  Supreme Court oral arguments in Learning Resources, Inc  v. Trump (11/5/2025) The International Emergency Economic Powers Act (IEEPA) of 1977 “Regulating Imports with a Reciprocal Tariff to Rectify Trade Pratcies that Contribute to Large and Persistent Annual United States Goods Trade Deficits,” The White House (4/2/2025)(executive order on tariffs) Solicitor General John Sauer's brief in Learning Resources  Plaintiff's second amended complaint in Elden v. Nirvana LLC et al D.C. federal judge Coleen Kollar-Kotelly's opinion in combined litigation challenging Trump's executive order on citizenship requirements for voting (10/31/25) DC federal judge Amir Ali's order in National Association of the Deaf v. Trump  (11/4/25) Order granting defendants' motion for summary judgment in Elden v. Nirvana, LLC (9/30/2025)

Serious Inquiries Only
SIO497: The Mamdani Machine Exposed! Part 2

Serious Inquiries Only

Play Episode Listen Later Nov 5, 2025 73:32


Part 2 of Asra Nomani's insanely terrible Fox News article. Make sure you listened to part 1! This is big, folks. Think Watergate combined with Deflate-gate combined with Christina Applegate combined with the Bowling Green Massacre. THAT's how big of a scandal this is. You thought Zohran Mamdani was just an innocent 34 year old assemblyman who rose to stardom by being an incredibly good candidate and relentless campaigning an economic message in a positive way. But you were an idiot. Dummy. Asra Nomani broke it here, but let Jenessa and I explain it to you because clearly your feeble, gullible brain can't process. information properly.

Serious Inquiries Only
SIO496: Asra Nomani Has EXPOSED the Mamdani Machine!

Serious Inquiries Only

Play Episode Listen Later Nov 4, 2025 49:28


Part 1. This is big, folks. Think Watergate combined with Deflate-gate combined with Christina Applegate combined with the Bowling Green Massacre. THAT's how big of a scandal this is. You thought Zohran Mamdani was just an innocent 34 year old assemblyman who rose to stardom by being an incredibly good candidate and relentless campaigning an economic message in a positive way. But you were an idiot. Dummy. Asra Nomani broke it here, but let Jenessa and I explain it to you because clearly your feeble, gullible brain can't process. information properly.  

Opening Arguments
COURTHOUSE OF HORROR

Opening Arguments

Play Episode Listen Later Oct 31, 2025 56:42


OA1203 - Happy Halloween! We take shelter from a year of ghoulish legal news in the COURTHOUSE OF HORROR, a cabinet of macabre legal curiosities including: “SO I TRADEMARKED AN AXE MURDERER”: The historic Lizzie Borden House takes a whack at a nearby coffee shop “THE BONE DETECTOR”: Recent patent bar survivor Jenessa Seymour brings us the unbelievable story of the spookiest--and silliest!--lie detector ever registered by the US Patent & Trademark Office “ATTACK OF THE TORTIOUS CLOWNS”: Can you sue a haunted house for your fright-related injuries?  “THE GREENBRIER GHOST”: The bizarre tale of how a victim's testimony from beyond the grave helped to convict her killer in an 1896 West Virginia murder trial “CANDYMAN 5: SUMMARY JUDGMENT”: In a tasty conclusion to last year's Halloween footnote on consumers disappointed with the spookiness of their seasonal treats, a Florida federal judge finds as a matter of law that there is no wrong way to make a Reese's. Finally, we close on a serious note with Jenessa's guide to how every registered voter can do their part next week to change the plot of our ongoing American horror story. Order in Ghost Adventures LLC v. Miss Lizzie's Coffee, LLC, No. 23-2000 (1st  Cir.)(Selya, J.)(11/15/2024) “Federal Judge Known for Polysyllabic Prose Dies at 90,” Trip Gabriel, The New York Times, (3/21/2025) “Would You Confess Your Criminal Misdeeds to This Skeleton?,” Cara Giaimo, Atlas Obscura (5/16/2017) “Apparatus for Obtaining Criminal Confessions and Photographically Recording Them,” Patent #1749090, H.A. Shelby (filed 8/10/1927) “The Greenbrier Ghost Reexamined,” Greenbrier Historical Society, Arabeth Balseko (1/20/2022) Summary judgment order in Munoz v. Six Flags St. Louis LLC (10/12/2022)(Wallach, J.) Order granting motion to dismiss in Vidal et al v. The Hershey Company, FLSD No. 24-60831 (9/19/2025)(Damian, J.) “Your Cheat Sheet To The 2025 General Elections,” Daniel Nichanian, Bolts (10/1/2025) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
Trump Says DOJ Should Pay Him $230 Million Because Why the F*** Not at This Point

Opening Arguments

Play Episode Listen Later Oct 24, 2025 57:43


OA1201 - This Rapid Response Friday, Matt and Jenessa play a few rounds of “Can They REALLY Do That?”, with topics including: The legal mechanism and filings behind Trump's $230 million demand for DOJ having the audacity for investigating him for crimes that he did Arizona's lawsuit against House Speaker Mike Johnson asking a DC federal court to require him to seat incoming Congresswoman Adelita Grijalva after her election DOJ's first-ever “Antifa” terrorism indictment Finally, in today's footnote Jenessa reports back from her recent experience sitting for the federal patent bar. Donald Trump's Form 95 seeking damages under the Federal Tort Claims Act for the FBI's execution of a search warrant on Mar-a-Lago (filed 8/7/2024) Transcript of former FBI agent Steven D'Antuono's testimony to the House Judiciary Committee  (6/7/2023) Complaint in Arizona v. U.S. House of Representatives (filed 10/21/2025) Martin v. U.S., 605 U.S. _____ (6/12/2025) Powell v. McCormack, 395 U.S. 486 (1969) Indictment with additional “Antifa”-related charges against Autumn Hill & Zachary Evetts (10/15/2025) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
Polygraphs and the Limits of Scientific Evidence in Court

Opening Arguments

Play Episode Listen Later Oct 20, 2025 48:25


OA1200 - We've got another great law and science episode for ya! Are polygraphs admissible? Do they work? Matt and Jenessa talk about the history, law, and science of polygraphs, and how criminal courts treat scientific testimony in general. Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
The National Emergency Continues to Nationally Emerge

Opening Arguments

Play Episode Listen Later Oct 10, 2025 59:45


OA1197 - The National Guard is being federalized and sent into cities that the President doesn't like against the explicit will of state governors and local populations. Matt covers as much as we know from the legal developments around this ongoing national emergency, and Jenessa shares some good news which is already coming out of NY's recent recently-enhanced equal protection amendment. Finally, in today's footnote: how do you ticket a car from a moving violation when no one is driving it? NOTE: since the time of this recording, a federal judge has found that the Trump administration's stated reasons for deploying federal troops in Chicago are “simply unreliable” and blocked the deployment of the National Guard. More next week on this vital story. “Department of Defense Security For the Protection of Homeland Security Functions,” The White House (June 7, 2025)  Affidavit of Portland Police Bureau Assistant Chief of Operations Craig Dobson, filed 9/29/2025 Judge Immergut's injunction in Trump v. Oregon dated 10/4/2025 9th Circuit's order staying Judge Breyer's injunction dated 6/19/2025 Memo from Secretary of Defense Pete Hegseth dated 9/28/2025 ”For Trump Administration, Fighting Crime Takes a Backseat to Immigration Arrests,” The Marshall Project, Beth Schwarzapfel (10/4/2025) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

Opening Arguments
That Time the Supreme Court BANNED PRAYER in Schools... Except They Didn't

Opening Arguments

Play Episode Listen Later Oct 6, 2025 57:21


OA1196 - This week in our continuing Still Good Law series, Matt and Jenessa take on the 1963 Supreme Court case which is still believed to hold the record for angering the most Americans at the same time: 1963's Engel v. Vitale. Find out why a decision which even the Warren Court's conservative justices did not see as particularly controversial to keep New York school administrators from publicly making one 22-word statement to students every morning kicked off a firestorm which is still at the heart of the American culture wars. Engel v. Vitale , 370 U.S. 421 (1963) Engel v. Vitale (New York Supreme Court, 1960) Everson v. Board of Education, 330 U.S. 1 (1947) Massachusetts General Law - Part IV, Title I, Chapter 272, Section 36 (Blasphemy statute) GOD, CIVIC VIRTUE, AND THE AMERICAN WAY: RECONSTRUCTING ENGEL, Corinna Barrett Lain, Stanford Law Review (2015)

Opening Arguments
Stephen Miller Is Just Having People Killed Now

Opening Arguments

Play Episode Listen Later Oct 3, 2025 51:12


OA1195 - How much of the federal government has actually shut down, and why? We explore the truth behind the spin, and Matt breaks the exclusive story of how at least one part of the executive branch appears to be illegally operating at full capacity. We then then connect some of the most fast-moving stories of the past few weeks to bring out the terrifying relationship between the obvious legal issues around the Trump administration's threats to invade Venezuela, underreported executive actions on “Antifa” and “domestic terrorism” and their broad potential consequences, and the Trump's recent threat to use US cities as “training grounds” for US troops. Then: good news! Jenessa shares a win on voting rights out of Pennsylvania, and Matt celebrates a resounding victory for the free speech rights of non-citizen students like Rumeysa Ozturk and Mahmoud Khalil from a Reagan-appointed federal judge. Finally, today's footnote confirms that the Wu Tang Clan is as a matter of law indeed nothing to fuck with. “Stephen Miller takes leading role in strikes on alleged Venezuelan drug boats,” The Guardian (9/29/2025) “Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists” – The White House  (1/20/2025) “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” – The White House (3/15/2025) “Designating Antifa as a Domestic Terrorist Organization” – The White House (9/22/2025) “Countering Domestic Terrorism and Organized Political Violence,” The White House (9/25/2025) Boston senior federal judge William Young's order in AAUP v. Rubio (9/30/2025) Memorandum & Order Granting and denying parts of Martin Shkreli's motion to dismiss in  PleasrDAO v. Shkreli (9/25/2025):

Opening Arguments
Could Tylenol Sue Trump and RFK Jr. for Libel?

Opening Arguments

Play Episode Listen Later Sep 26, 2025 55:41


OA1193 - Could Tylenol sue RFK Jr. for libel? Does the pressure the FCC put on Disney/ABC to fire Jimmy Kimmel constitute a First Amendment violation? Is the Trump administration really going to charge rural hospitals $100,000 for the privilege of being able to hire foreign doctors? In today's Rapid Response Friday we answer all of these recent patron questions and more, and Jenessa shares a personal footnote about her decision to voluntarily take the most specialized bar exam in the US legal system. The Campaign for Accountability's bar complaint against FCC chairman Brendan Carr  Restriction on Entry of Certain Nonimmigrant Workers, (Presidential Proclamation dated 9/20/2025) US Patent and Trademark Office bar registration page  

Opening Arguments
KATZ RULES EVERYTHING AROUND ME

Opening Arguments

Play Episode Listen Later Sep 22, 2025 57:18


OA1192 - This week in Still Good Law: Katz v. U.S., the 1967 Warren Court case which on its face decided that the Fourth Amendment may apply to a public phone booth. But that's hardly all: the federal prosecution of nationally-famous bookie Charles Katz also completely changed the entire framework for how U.S. courts understand and interpret the law of searches and seizures and completely upended the concept of Fourth Amendment privacy as it had been understood up until that time. Matt provides the background on Katz and how this case made it to the Supreme Court, Jenessa considers the mental health benefits of being left alone by the government, and we talk through how important this vital holding might still be at a time when we have all given up so many of our privacy rights just by living in 2025. Katz v. U.S. (1967) Goldman v.US (1942) Silverman v. US (1967) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
Miranda v. Arizona, and the Fascinating Science of False Confessions

Opening Arguments

Play Episode Listen Later Sep 15, 2025 65:42


OA1190 - “You have the right to remain silent.” Anyone who grew up on American crime dramas can recite the rest of these famous warnings from memory, but do you know the whole story of Miranda v. Arizona (1966)? In today's entry in our “Still Good Law” series Matt and Jenessa voluntarily waive their rights, cautiously accept a cigarette and a Styrofoam cup of bad coffee from an alcoholic cop with a dark past, and spill everything they know about the most important criminal case in Supreme Court history. Matt provides the background on Ernesto Miranda's literal life (and death) of crime and the circumstances of his arrest, interrogation, and appeal to the Warren Court while Jenessa breaks down the science of false confessions and why not just having but knowing our Fifth and Sixth Amendment rights is so important for all of us. Oral arguments and decision in Miranda v. Arizona (1966) Miranda: The Story of America's Right to Remain Silent, Gary Stuart (2008) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

Encourage Your Heart Podcast
Ep. 38 Growing in boldness to share the gospel with Jason Chin

Encourage Your Heart Podcast

Play Episode Listen Later Sep 15, 2025 52:15


In this episode, Jenessa sits down with Jason Chin, founder of Love Says Go, to talk about what it looks like to grow in boldness to share the gospel, live a supernatural lifestyle, and recognize God's voice in everyday life. Jason Chin's website: https://www.lovesaysgo.com/ Youtube: https://www.youtube.com/@lovesaysgo  

Opening Arguments
It's Still the Shadow Docket, Despite Kavanaugh's Pathetic Rebrand Attempt

Opening Arguments

Play Episode Listen Later Sep 12, 2025 56:59


OA1189 - The Supreme Court's next term may not start until October, but their infamous shadow--sorry, “interim”--docket is in rare form as they issue snap decisions on everything from exactly where one 14-year-old boy can pee to just how openly racist ICE gets to be. Matt and Jenessa review which major precedents the conservative majority is ignoring to enable Trump's worst policies this week before getting on to some Epstein-related legal updates and a radical new development from the Board of Immigration Appeals with massive implications for Trump's mass deportation plans.  Finally, Matt drops a footnote to address one of our nation's least pressing legal questions: is it really true that a wedding in Kentucky can be legally officiated by a dead bear once described as “filled to the brim with cocaine”? SCOTUS order in Trump v. Slaughter  (9/8/2025)  SCOTUS order (with Kavanaugh concurrence and Sotomayor dissent) in Noem v. Vasquez-Perdomo (9/8/25) Matter of Yajure Hurtado, 21 I&N 216 (BIA 2025) Kentucky Revised Statute 402.070  P.S. Matt messed up his audio and is very sorry about it!

Opening Arguments
Do You Swear You're Not A Subversive Person?

Opening Arguments

Play Episode Listen Later Sep 8, 2025 54:53


Continuing their "Good Law" series, Matt and Jenessa talk about Baggett v. Bullitt. This case held that "a State cannot require an employee to take an unduly vague oath containing a promise of future conduct at the risk of prosecution for perjury or loss of employment, particularly where the exercise of First Amendment freedoms may thereby be deterred." Jenessa gives a fascinating science breakdown on cognitive dissonance and what the effect of these vague oaths actually is. It's counter-intuitive and very interesting!

VETgirl Veterinary Continuing Education Podcasts
Understanding Microbiome and Gut Health with Jenessa A. Winston, DVM, PhD, DACVIM (SAIM) | VETgirl Veterinary Continuing Education Podcasts

VETgirl Veterinary Continuing Education Podcasts

Play Episode Listen Later Aug 25, 2025


In this VETgirl online veterinary continuing education podcast, we chat with Jenessa A. Winston, DVM, PhD, DACVIM (SAIM), Associate Professor of Small Animal Medicine at the Ohio State University about the importance of microbiome for and beyond, gut health. What is the microbiome, and what type of gastrointestinal (GI) microorganisms are we talking about? How does GI microbiome apply to us in clinical daily practice? What role does the GI microbiome play with acute hemorrhagic diarrheal syndrome to chronic enteropathy to parvovirus, and does fecal microbiota transplantation (FMT) help too? Tune in to learn about how you can support microbiome and the whole patient's health!Sponsored By: Hills

VETgirl Veterinary Continuing Education Podcasts
Understanding Microbiome and Gut Health with Jenessa A. Winston, DVM, PhD, DACVIM (SAIM) | VETgirl Veterinary Continuing Education Podcasts

VETgirl Veterinary Continuing Education Podcasts

Play Episode Listen Later Aug 25, 2025 27:16


In this VETgirl online veterinary continuing education podcast, we chat with Jenessa A. Winston, DVM, PhD, DACVIM (SAIM), Associate Professor of Small Animal Medicine at the Ohio State University about the importance of microbiome for and beyond, gut health. What is the microbiome, and what type of gastrointestinal (GI) microorganisms are we talking about? How does GI microbiome apply to us in clinical daily practice? What role does the GI microbiome play with acute hemorrhagic diarrheal syndrome to chronic enteropathy to parvovirus, and does fecal microbiota transplantation (FMT) help too? Tune in to learn about how you can support microbiome and the whole patient's health!Sponsored By: Hills

Opening Arguments
Republicans Are Messing with Texas

Opening Arguments

Play Episode Listen Later Aug 22, 2025 65:23


OA1184 - The saying pretty explicitly tells us to don't, and yet here they are not don'ting. This week on Rapid Response Friday: why is a Texas lawmaker filing a habeas petition asking a federal court to release her from the state capitol building? What's the deal with redistricting, and is Texas's plan to tip the balance in the U.S. House of Representatives actually legal? Jenessa brings her voting rights expertise to explain why this plan is so bad that state Democratic leaders had to go on the lam on threat of arrest to try to stop it. We then briefly discuss the import of Attorney General Pam Bondi pulling back from her attempt to take over DC's entire police force before Matt takes on a couple of little-noticed immigration policy memos in which the Trump administration has given itself dangerously broad new powers to determine things like an immigrant's “good moral character” and “anti-American” activities and associations. Finally in today's footnote: it's Columbia-on-Columbia violence as the West Coast sportswear company goes to war with the East Coast Ivy League university over some IP nonsense which gives Matt yet another excuse to be correct about fonts. Texas state representative Nicole Collier's habeas petition (filed 8/19/25) “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization,” USCIS (8/15/25) “Clarifying Discretionary Factors in Certain Immigration Benefit Requests,” USCIS (8/19/25)  Columbia Sportswear v. Columbia University (complaint filed 7/23/25) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
The Most Important LGTBQ Rights Case You've Never Heard Of

Opening Arguments

Play Episode Listen Later Aug 18, 2025 55:51


OA1183 - We continue our ongoing look at some of our favorite Warren Court-era Supreme Court cases with this one-line 1958 decision finding as a matter of law that one of the most important LGTBQ magazines in U.S. history was not publishing obscenity. We begin by trying to find anything resembling smut in the archived pages of ONE magazine before Matt explains a bit more about the history of obscenity law in the U.S. and how Roth v U.S. changed everything just before ONE's cert petition was taken up. Jenessa gets into the proven psychological benefits of being allowed to be who you are in public, and we consider the state of obscenity law today and who still might want to use it. Roth v. United States | 354 U.S. 476 (1957) ONE, Incorporated v. Otto K Oleson: Appellant's Opening Brief – The Tangent Group One, Incorporated v. Olesen, 241 F. 2d 772 - Court of Appeals, 9th Circuit 1957 - Google Scholar U.S. Supreme Court's decision on writ of certiorariin On e, Inc. v. Oleson immediately reversing 9th Circuit (1/13/1958) Complete run of One magazine from 1953-1957, Internet Archive

Opening Arguments
Why the Whole Alligator Alcatraz Thing Is Somehow Worse Than It Sounds

Opening Arguments

Play Episode Listen Later Aug 8, 2025 60:34


OA1180 - We begin with some much-needed reminders that good things are still happening and the rule of law is still (mostly) holding on before turning to a recent Trump executive order on homelessness which reads like something out of a (not very good) Batman movie. Jenessa explains how this development fits into the history of long-term institutionalization of vulnerable and unhoused people in the US as we work through what this thing is actually trying to do. In an unfortunately not-at-all-unrelated story, Matt then breaks down the situation with Florida's “Alligator Alcatraz” (aka “Gator Gitmo”), the pending challenges to this completely new (and totally illegal) approach to state-based immigration detention, and where this is all going. Finally, in today's footnote: has ChatGPT finally made its first hallucinatory appearance in a judicial opinion? We investigate not just one but two recent instances of federal judges who have now joined the many lawyers caught using AI to do their homework. “Ending Crime and Disorder on America's Streets,” The White House (7/25/25) Complaint in Friends of the Everglades v. Noem, filed 6/27/25 Complaint in C-M. v Noem, filed 7/16/25 Defendants' Unopposed Motion to Clarify in Mississippi Association of Educators et al v. Board of Trustees (7/22/25) Judge Henry Wingate's order in Mississippi Association of Educators v. Board of Trustees declining to clarify decision of July 20, 2025 (8/1/25) Defendant's letter to Judge Julien Neals in In re CorMedix Securities Litigation (7/22/25) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
LEARY V. US (1969): Turn On, Tune In, and Drop Everything You Thought You Knew About Timothy Leary

Opening Arguments

Play Episode Listen Later Aug 4, 2025 76:47


OA1179 - Dr. Timothy Leary is best remembered today as the Harvard psychologist who told America to “turn on, tune in, and drop out” with psychedelics in the 1960s. But did you know that “the High Priest of LSD” was also one of the most famous people ever to bring a criminal case to the U.S.. Supreme Court?  Jenessa shares her scientific perspective on Leary's “research,”  and Matt explains how a minor California marijuana possession charge led to Leary's unbelievable life on the run as an international fugitive across four continents and his eventual association with not just one but three of the era's most notorious radical groups. We then review Dr. Leary's conviction under the Marihuana [sic] Tax Act of 1937 and how Leary v. U.S. changed everything about drug enforcement. (Also discussed: the unexpected origin of the Beatles song “Come Together,” the benefits of podcasting on acid, and what psychedelic research and regulation might have looked like in an alternate Leary-free timeline.) Leary v. US, 395 U.S. 6 (1969) Letter from the American Medical Association opposing passage of the Marihuana Tax Act of 1937 (7/10/1937) The Most Dangerous Man in America: Timothy Leary, Richard Nixon and the Hunt for the Fugitive King of LSD, Bill Minutaglio and Steven L. Davis (2018) Check out the OA Linktree for all the places to go and things to do!

Opening Arguments
The SAVE Act Could Disenfranchise Millions of Voters. Democrats Must Stop It.

Opening Arguments

Play Episode Listen Later Mar 12, 2025 64:41


Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! OA1136 and T3BE62- Matt swings by a Wednesday episode, and we welcome Dr. Jenessa Seymour as well! Jenessa is a disability voting access advocate and New York attorney, and she's here to break down the SAVE Act. What exactly is it supposed to be "saving" for voting rights, who is going to be most impacted by its provisions, and do we have any chance in stopping this thing? Professor Heather Varanini joins after, of course, to share the answer to T3BE61 and present the next question in the Bar Exam! 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!  To support the show (and lose the ads!), please pledge at patreon.com/law!

Podcast Business News Network Platinum
13137 Jill Nicolini Interviews Jenessa McKray Owner of Frisco Body Contouring and Weight Loss

Podcast Business News Network Platinum

Play Episode Listen Later Jan 30, 2025 27:50


https://www.friscobodycontouring.com/ Listen to us live on mytuner-radio, onlineradiobox, fmradiofree.com and streema.com (the simpleradio app)https://onlineradiobox.com/search?cs=us.pbnnetwork1&q=podcast%20business%20news%20network&c=ushttps://mytuner-radio.com/search/?q=business+news+networkhttps://www.fmradiofree.com/search?q=professional+podcast+networkhttps://streema.com/radios/search/?q=podcast+business+news+network

Podcast Business News Network Platinum
13090 Jill Nicolini Interviews Jenessa McKray Owner of Frisco Body Contouring and Weight Loss

Podcast Business News Network Platinum

Play Episode Listen Later Jan 23, 2025 26:56


https://www.friscobodycontouring.com/ Listen to us live on mytuner-radio, onlineradiobox, fmradiofree.com and streema.com (the simpleradio app)https://onlineradiobox.com/search?cs=us.pbnnetwork1&q=podcast%20business%20news%20network&c=ushttps://mytuner-radio.com/search/?q=business+news+networkhttps://www.fmradiofree.com/search?q=professional+podcast+networkhttps://streema.com/radios/search/?q=podcast+business+news+network

North Point Church - The Riff
A Conversation On Diversity

North Point Church - The Riff

Play Episode Listen Later Jan 20, 2025 39:55


Today, Jeremy sits down with Terrell, Caleb, and Jenessa to have a conversation on diversity. We hope today is helpful. Thanks for listening!!

Podcast Business News Network Platinum
13034 Jill Nicolini Interviews Jenessa McKray Owner of Frisco Body Contouring and Weight Loss

Podcast Business News Network Platinum

Play Episode Listen Later Jan 16, 2025 28:46


Listen to us live on mytuner-radio, onlineradiobox, fmradiofree.com and streema.com (the simpleradio app) https://onlineradiobox.com/search?cs=us.pbnnetwork1&q=podcast%20business%20news%20network&c=us https://mytuner-radio.com/search/?q=business+news+network https://www.fmradiofree.com/search?q=professional+podcast+network https://streema.com/radios/search/?q=podcast+business+news+network

Podcast Business News Network Platinum
12972 Jill Nicolini Interviews Jenessa McKray Owner of Frisco Body Contouring and Weight Loss

Podcast Business News Network Platinum

Play Episode Listen Later Jan 7, 2025 28:16


https://www.friscobodycontouring.com/ Listen to us live on mytuner-radio, onlineradiobox, fmradiofree.com and streema.com (the simpleradio app)https://onlineradiobox.com/search?cs=us.pbnnetwork1&q=podcast%20business%20news%20network&c=ushttps://mytuner-radio.com/search/?q=business+news+networkhttps://www.fmradiofree.com/search?q=professional+podcast+networkhttps://streema.com/radios/search/?q=podcast+business+news+network

Serious Inquiries Only
SIO464: All About Synesthesia, Part 2

Serious Inquiries Only

Play Episode Listen Later Nov 1, 2024 56:39


Dr. Jenessa Seymour is back to talk more about synesthesia! There are some absolutely fascinating case studies that Jenessa covers in this episode, and we theorize how in the world synesthesia happens. The brain is impossible. Are you an expert in something and want to be on the show? Apply here! Please please pretty please support the show on patreon! You get ad free episodes, early episodes, and other bonus content!