Home
Home
Podcasts
Podcasts
Library
Cancel
Plead the Fifth
Rob Schwartz
Follow
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.
read less
Government
Government
Start Here
21-10-2020
Plead the Fifth Turns 1!
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.
Episodes
21-10-2020
Plead the Fifth Turns 1!
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.
19-09-2020
Religion Acting As Government
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.
15-08-2020
SCOTUS Coachella 2020
This is a recap of all the sexy cases SCOTUS dropped during the last couple weeks of the 2019-2020 term. Sure its delayed, but they are too good not to talk about!
22-05-2020
Corruption Isn't Always a Crime
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.
24-04-2020
This Episode is Insane
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.
09-04-2020
Who Wrote Stairway to Heaven?
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?
13-03-2020
Shooting Kids Across the Border
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
27-02-2020
A Felon's Right to Vote in Florida
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
18-02-2020
Kesha and Her "Truth"
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
06-02-2020
Titties in Texas
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
25-01-2020
Mexico Especial Episode
A special episode about Supreme Court cases involving Mexicans or Mexico in honor of my trip to Cabo and Puerto Vallarta.
24-12-2019
A Lawyer's Goat Obsession
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
15-12-2019
Austin's Bachelorette Party Problem
The city of Austin, Texas tried to stop bachelor and bachelorette parties from staying in AirBNBs. Their ban went too far.
06-12-2019
Mootness and the Second Amendment
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
30-11-2019
Faithless Electors & Animal Crush Videos
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
20-11-2019
Uncle Sam Destroys a House & Doesn’t Have to Pay
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
14-11-2019
Marijuana Stuff and Violating the SOL without being SOL
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
07-11-2019
Impeaching Trump: Likely Charges and Defenses
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
01-11-2019
Spectral Evidence and the Salem Witch Trials
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.
25-10-2019
Challenging the No-Fly List
Four people challenged the No-Fly List. It didn’t work. Why is a bit concerning.Music cred: http://www.bensound.com
