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LAL — Idaho GOP Condemns FBI, NC Abortion Law Lawsuit, Eminent Domain in SD (June 27, 2023)
It is a beautiful Tuesday morning to talk legitimacy. Mike shared a 6-hour podcast with Norm last night so it is 50/50 on whether Norm makes it to the stream this morning. We haven't checked, but we've heard oddsmakers put a line on Draft Kings for this one.
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If you're wagering against Norm, you've picked the wrong season. We're stacking wins around here. Ask Yale. We digress. Today, the stream focuses in on technical, almost mechanical details of government and justice system functions. This is a major tenant of institutional legitimacy—how the public trust is managed by and through the institutions within which it has been placed:
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› The Idaho Tribune reports that the Idaho Republican Party has passed a resolution condemning the Federal Bureau of Investigation and further indicated that it supports abolition thereof if it cannot be reformed. Cool story, bro. What is most interesting, however, is the contents of the resolution used to support the condemnation.
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› Planned Parenthood v. Stein continues to develop. The plaintiff's motion for a temporary restraining order is set to be heard tomorrow, March 28, 2023, in Greensboro, North Carolina. In monitoring court filings, Mike found a plaintiff submission indicating that the North Carolina legislature had met and voted just last week to approve certain amendments to the abortion law at issue, which portend to moot the overwhelming majority of the plaintiff's basis for relief.
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› Finally, we do it. We talk about eminent domain in South Dakota and what's going on with the carbon capture pipeline project spearheaded by Summit Carbon Solutions. What is environmental justice? This administration keeps uttering the phrase, but it is not obvious that anything just is occurring below the ground, in the air, or within the courts on the issue of carbon capture and storage.
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239
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LAL — Norm, Yale & Title IX, Bot Lawyers Sanctioned, NC's Derelict Attorney General (June 26, 2023)
Good Monday Morning #LALiens! We are hoping you're enjoying the longest days of summer and looking forward to our nation's holiday is over a week's time.
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Norm and Mike were unable to stream over the weekend, but not to worry. Today's stream is bringing the heat:
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› Norm had an early triumph over Yale University late last week, as he successfully persuaded the court to allow his client's defamation claim proceed against a Yale University student who falsely alleged rape against him in 2015. Norm and Mike unpack Title IX.
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› Loyal LAL listeners will recall the story of the attorneys in a civil suit out of the Southern District of New York who submitted briefs to the court which cited cases generated out of whole cloth by ChatGPT. Those attorneys have been sanctioned by the court. Was the punishment sufficient?
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› Late last week, North Carolina's State Attorney General and Democrat Governor hopeful, Josh Stein, took to Twitter in what can only be called an advertisement of his own direct subversion of duly enacted North Carolina law. In particular, SCOTUS' decision in Dobbs to overturn Roe v. Wade resulted in North Carolina's legislature voting to enact a new bill placing limits on abortion, which was promptly vetoed by Governor Roy Cooper, who's veto was subsequently overridden by two-thirds of North Carolina's legislature. In the latest, North Carolina's top lawyer has now promised not to defend the parts of the law he himself disagrees with, in a lawsuit brought by Planned Parenthood. Is this meme of the American constitutional republic impeachable?
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159
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LAL — Norm's DC Update, AGs Letter to Target & Farmers Fight Eminent Domain (June 23, 2023)
Good Morning #LALiens! Another week has flown by. We trust you're using the 23 hours and 30 minutes we leave you with to your full advantage each and every weekday. Your presence with us in the mornings fills us with humility and gratitude. Thank you for putting your trust in us to parse the merits of legitimacy.
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Today, Norm and Mike end the week with a bang:
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› The show opens with an update from Norm regarding his representation of Owen Shroyer, his change of plea in the J6 case, and the current conflict hearing in the Proud Boys case.
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› LAL picks up on the facts as reported out of the greater South Dakota region, involving Summit Carbon Solutions—a carbon capture and storage company—and the ongoing efforts to construct the world's largest carbon capture and storage project. First, what is eminent domain? How is the legal tool wielded by a private company? And to what end are farmer's real property rights being infringed?
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› Led by Massachusetts State Attorney General Andrea Joy Campbell, 14 other state attorneys general wrote and sent a letter to Target Chairman and CEO, Brian Cornell, in an affirmative display of support for the embattled publicly traded company behind widespread boycotts of the brand in connection with its displays, marketing, and promotions of trans products for young children. Norm and Mike deconstruct the letter, the states and people whose names appear in it, and whether this move was necessarily designed to help Target.
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229
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LAL — Analysis of SCOTUS Critique, Property Rights & Carbon Capture, Greek Titanic (June 22, 2023)
Good Morning #LALiens! We are blessed that you choose to spend this half-hour with us, and we recognize the blessing it is to be with you. Thank you for your support. And for the newcomers, welcome! You have stumbled upon the most dynamic daily half-hour livestreams on the internet in Law and Legitimacy. Our mission is to explore the boundaries of the American republic's durability; what great men have long called our common conceptions of right and common interests—legitimacy.
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Today, Norm Pattis and Michael Boyer keep it light:
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› Bloomberg published an article titled, "An Aggressive Supreme Court Reshapes US as Its Standing Erodes." The crew deconstructs what has become an obvious point of attack on the Article 3 branch of the United States government. What sticks?
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› There is a story gaining momentum out of South Dakota shedding light on what appears to be a blatant and patterned strategy of trespass and willful violation of private real property rights by Summit Carbon Solutions. Farmers in South Dakota have begun mounting a legal defense to the widespread encroachment on fertile, productive, privately-owned farmland in favor of a pipeline surveying and construction across 5 states regarded as the world's largest carbon capture and storage project.
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› An odd juxtaposition: the deadly migrant shipwreck off the coast of Greece and the missing submersible of the coast of New Foundland. Norm assesses the imbalance in reporting, resource allocation, and perceived importance of the two contemporaneous events.
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379
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LAL — Trial Diversion in Gun Case? Greek Migrant Deaths, Assumption of Titanic Risk (June 21, 2023)
Kodak Black's "I Can't Lie" is playing as these show notes are typed out. Perhaps fitting as we welcome you to the most honest livestream and law podcast on the internet, Law and Legitimacy. And we can't lie: Rumble is letting us down. The good news is that we have you here to listen, engage, and share.
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Today:
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› It is being reported that Hunter Biden will plead guilty to two federal tax charges and will be allowed to enter a diversion program in connection with the remaining federal gun charge. To channel the youth: where they do that at?
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› Hundreds of migrants have been reported dead as a result of a shipwreck off the coast of Greece in deep waters of the Mediterranean. It appears there is a simmering narrative pointing blame at the Greek Coast Guard, as survivors are interviewed and data from the hours preceding the wreck is analyzed. Is western society suffering from moral exhaustion? What is one's duty to intervene?
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› There is a well-known concept in torts used by defendant's in civil suits claiming negligence called "assumption of the risk." While one cannot necessarily contract away his own negligence, are there circumstances that exceed the boundaries of society's expectations of reasonable behavior such that one assumes the risk of another's negligence by submitting to conduct that, in and of itself, might be validly deemed negligent? Norm and Mike talk about the missing Titanic submersible and the apparent business of retail deep sea exploration.
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216
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LAL — Marital Torts! Thiel's 'The Diversity Myth' & a Week Without Amazon (June 20, 2023)
It's Tuesday. That means but one thing: Law and Legitimacy is back to wax poetic as to the perceived limits of our dear republic's durability. And we get it. Things are weird. But we have each other and we have this sacred thirty minutes every weekday to stream our consciousness into the future for the ears of those we will never meet. Trippy!
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Today:
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› The Carolina Journal reports that North Carolina House Speaker Tim Moore has been sued by one Scott Lassiter—middle school principal and member of the Wake County Soil and Water Conservation District Board of Supervisors—for his alleged role in breaking up Mr. Lassiter's marriage to his wife, Jamie Lassiter. Lassiter alleges that Moore had an affair with his wife, which resulted in the destruction of the marriage. Alienation of affection anyone?
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› Norm and Mike review an article in the New Criterion and written by Peter Thiel entitled, "The diversity myth." How old is America's preoccupation with cosmetic diversity as a means by strenuous advocates justify efforts toward material social and institutional change? How silly was it then? How silly is it now?
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› For LAL's daily dose of cognitive dissonance, we present: "A Tale of Unwanted Disruption: My Week Without Amazon."
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Honorable Mention: Hall of Fame Women's Coach Defends Title IX; RFK Jr. Appearances Being Censored on Major Video Platforms
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214
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LAL — Fired Starbucks Manager Wins Cream, RFK Jr. on JRE & Elon Enters the Chat (June 19, 2023)
Good Morning and Happy Monday #LALiens! We hope you had a wonderful Father's Day weekend. Thank you for being here with us to begin the week.
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On today's stream:
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› The Starbucks manager that oversaw the Rittenhouse Square location that went viral in 2018 for refusing to allow two (2) non-customers to use the restroom and which ended with police arrests has been given a gigantic jury award in her civil case against Starbucks for wrongful termination.
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› The Justice Department issued a press release that it has charged six (6) people in connection with the buying and selling of human remains stolen from Harvard Medical School.
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› RFK Jr. appeared on Joe Rogan's podcast late last week. Over the weekend, a "vaccine expert", Dr. Peter Hotez, openly criticized Joe Rogan for hosting RFK and for catering to RFK's brand of "misinformation." Joe defended the effort, and was supported by none other than Elon Musk.
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272
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LAL — Norm's 8th Circuit Case on Pharmacists, EU to Limit A.I., Wannabe Dictator
Good Morning #LALiens! Happy Friday! Thank you for the grace during our brief hiatus yesterday. Norm was busy arguing in the 8th Circuit yesterday and while LAL is a major priority, there is no priority greater than that of advocating liberty in front of a federal court in these United States.
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Today, Norm and Mike reconvene and catch up before the weekend:
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› Norm breaks down the case he has taken on behalf of individuals who were prescribed the 'controversial' Ivermectin by their physicians, but whose prescriptions were denied to be filled by a Minnesota Walmart's pharmacy.
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The European Union has drafted a law intended to limit and regulate artificial intelligence
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› Episode 4 of Tucker on Twitter debuted last night: "Wannabe Dictator"
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418
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LAL — An Ode to Cormac McCarthy, The Cavinder Twins, Administrative Deference (June 14, 2023)
Good Morning and welcome to the most vital law podcast and daily livestream on the internet. If you're here, you have exceptional taste; uncommon, even. And for that, you are an honorary #LALien. Law and Legitimacy focuses on the ties that bind us as a society; our conceptions of right and common interest. We're honored to have you and grateful that you have chosen to spend your time with us. It is not in vain.
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Today, Norm and Mike take repose from the presidential frenzy and discuss:
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› Esteemed American novelist and playwright, Cormac McCarthy, passed away yesterday at the age of 89. Cormac was not only a tremendous influence on American literary history and culture, but a lightning bolt in the life of one Norm Pattis. Norm shares.
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› The Free Press's Ethan Strauss published an article entitled, "The NCAA Has a 'Hot Girl' Problem" — Mike takes the opportunity to reassert his position on the declining utility of the term "student-athlete" and why the Cavinder Twins in all of their remarkable beauty and ambition are the billboard for two key propositions that endure in American life.
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› Mitchell v. University of North Carolina Board of Governors — a case being petitioned to the North Carolina Supreme Court attacks North Carolina's deference to administrative and regulatory agencies. The topic is on the docket at SCOTUS as well. What is the Chevron standard? Is it to blame for what Mike refers to as a permanent bureaucratic layer inhibiting competent American commerce?
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257
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LAL — Nuggets Crest, The Arraignment, CHS Burisma Audio, Tucker's C&D, More (June 13, 2023)
Good Morning, #LALiens! We are feeling the love. Thank you for the continued support and daily engagement. For newcomers, welcome to Law and Legitimacy—the platform devoted to the contrarian, the free-thinker, and the unafraid. Our purpose here to is explore the boundaries of what we call 'legitimacy'; our common conceptions of right and common interest and how such relates to the reserves of institutional power within our daily lives. We are honored to have you.
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The NBA Finals have crowned a champion! The Denver Nuggets took care of business at home last night, smacking the Miami Heat in Game 5 to earn the franchise its first-ever title. Nikola Jokic is the Finals MVP, because who else?
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Today, Norm and Mike have a full plate:
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› Former President and Leading Republican Candidate for President Donald J. Trump arrived in Miami yesterday ahead of his scheduled arraignment today before the Federal District Court for the Southern District of Florida in connection with criminal charges stemming from the classified documents found at his Mar-a-Lago estate.
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› The Washington Examiner and The Post Millennial report: President Joe Biden and son, Hunter Biden, were caught on a combined 17 audio recordings discussing the removal of the then Chief Prosecutor investigating the Ukrainian energy company, Burisma, as well as financial payments to secure the removal and how to structure the transactions to best avoid scrutiny. The person on the other side of the phone? The CEO of Burisma.
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› Axios reports that Tucker Carlson has received a cease and desist letter from Fox News alleging that Carlson's new show, "Tucker on Twitter," violates his contract's noncompete clause. Tucker is slated to air his next installment of Tucker on Twitter, Episode 3, today. According to Tucker's producer, Justin Wells, the next episode will focus on the federal indictment of President Donald J. Trump.
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› A North Carolina case which portends to reduce judicial deference to the exercise of administrative authority has a chance to reach the North Carolina Supreme Court. The Carolina Journal published an opinion piece from The John Locke Foundation's senior political analyst, Mitch Kokai, detailing the issue at the heart of Mitchell v. North Carolina Board of Governors. North Carolina's appellate court ruled against the terminated-professor, 2-1. Professor Mitchell now petitions the North Carolina Supreme Court for redress, supported by an amicus brief from Jon Guze, The John Locke Foundation's top legal expert.
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301
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LAL — Politics of Trump Indictment, SEC Charges Coinbase, A.I. to End Law School? (June 12, 2023)
Good Morning, #LALiens! Thank you to all of you who joined the Sunday Special stream yesterday. We had a blast and a wonderful turnout.
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Today, Norm and Mike recap the Sunday Special and discuss:
› The Politics of the Trump Indictment
› The Securities and Exchange Commission has Charged Coinbase US, a crypto asset trading platform, with violations of federal securities laws
› What is the proposition behind venture capital's suggestion that generative artificial intelligence will be the end of law school?
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259
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LAL — Sunday Special: United States vs. Donald J. Trump (23 CR 80101) (June 11, 2023)
Welcome to a Sunday Special of Law and Legitimacy! Norm and Mike will deliver an in-depth analysis of the indictment of former President and current leading candidate for President of the United States, Donald J. Trump in connection with allegations of improper conduct and obstruction related to classified documents held at the Mar-a-Lago estate.
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There are many more counts included in the Southern District of Florida's indictment than previously thought, reported, or expected, totaling 31. After a thorough read of the indictment, Norm and Mike discuss the apparent merit of the government's case, the relative wisdom or lack thereof of the former president, and what the two expect the case to pivot upon as the procedural process takes shape.
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521
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LAL — The American Star Chamber: Trump Indictment No. 0002 (June 9, 2023)
It is difficult to know exactly where to start when analyzing something that appears on its face to be of real historical consequence. First reported directly by former President Donald J. Trump late yesterday afternoon via his Truth Social account, the Department of Justice has communicated to President Trump's legal team that it has brought an indictment against their client in connection with the DOJ's months-long investigation into allegations of improper handling of classified information in the former President's possession at his Mar-a-Lago estate.
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If the morning seems still and the commentary somber, your eyes and your ears do not betray you. Norm and Mike in this stream attempt to peel back the calcified layers of narrative that have crusted a development barely 12 hours old. On the same day Congress receives testimony indicating the sitting President accepted millions in his capacity as Vice President in a quid pro quo to influence the governmental affairs of a foreign nation, which foreign nation now happens to be siphoning hundreds of billions from American taxpayers in a war effort for which America has yet to even generally agree on a purpose—the former President and leading candidate for President in the upcoming 2024 election has reportedly been indicted, for a second time.
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Yes, we expect at least two (2) additional indictments: Georgia and D.C. for election interference and seditious conspiracy respectively. That knowing does not blunt the blows, however.
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656
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LAL — Fox Tucker'd Out, NC to Ban ESG/ETI Factors, Math to Teach Reparations (June 8, 2023)
Good morning, LALiens! Thank you for being here. We recognize what a blessing it is to earn a half-hour or so of your time every weekday.
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Mike was a night-owl last night, streaming with a couple of friends from a fantasy football league. And guess what? The Denver Nuggets smacked the Miami Heat in Miami to go up 2-1 in the NBA Finals series. Jokic is channeling the ghost of Russell Westbrook, becoming a walking triple-double before our very eyes.
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Today, Norm and Mike tackle a couple of very sensitive topics:
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› The Carolina Journal Reports: North Carolina's legislature is set to ban the use of ESG and ETI factors in investment criteria by and through two (2) bills, Senate Bill 737 and House Bill 750. Of particular note is how the bills respectively define and identify "Environmental, Social, and Governance" and "environmentally targeted investments requirements."
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› All Media Reports: Fox News has notified Tucker Carlson that his Tuesday show as published on Twitter is a violation of his contract with Fox, which has been reported to read in relevant part that Tucker is, "prohibited from rendering services of any type whatsoever, whether 'over the internet via streaming or similar distribution, or other digital distribution whether now known or hereafter devised.'" Norm and Mike dive into the legal merits and pose the questions: does Tucker wield enough support to pay any alleged damages claimed by Fox and still come out ahead? Would a court grant injunctive relief to Fox?
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› The scholarly totem that is The 1619 Project in conjunction with the pristine name of the Pulitzer Center have published a high school curriculum that purports to convert some traditional math classes into discussions of racial justice. Does this add up?
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340
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LAL — PGA-LIV Merger, Teachers Union's Race-Based Dues, NYC & 3rd Amendment (June 7, 2023)
Yesterday's #AMA was very fun. We find ourselves humbled by the interest in this thing of ours each and every day. Thank you for your presence and thank you for trusting us with your time. We vow to always treat it with the respect and dignity it is owed, for as the topwater of American culture remains almost frivolously divisive we recognize that the fleetness of time is the tie that binds us all.
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Tuesday simply would not quit, would it? Legitimate news broke across nearly every major category of society yesterday. Norm & Mike convene here to address several items of particular note:
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› The PGA and LIV Golf's parent company, Public Investment Fund, announced a merger yesterday, June 6, 2023. In its official statement, PGA proclaimed the merger to be in the interests of unifying golf and an official end to the "disruption and distraction" plaguing the game of golf for the last three years. Having addressed the conflict on an older stream, Norm and Mike update and unpack the nature of how the forthcoming 'definitive agreement' between the parties will take shape. The ultimate question: who wins?
› The Oregon Association of Scholars reports: At its 2023 Representative Assembly, Oregon's largest teacher's union, Oregon Education Association, announced the formation of a task force for the purpose of recommending changes to the OEA's By-Laws Committee related to membership dues. Among the stated changes, "a significant discount for BIPoC educators until the racial breakdown of [its] membership aligns with the racial breakdown of [its] student population." Equal protection, anyone?
› New York City Mayor Eric Adams has introduced into the public consciousness the City's plan to begin paying New Yorkers to shelter migrants in their private homes. This comes as a result of the surge in asylum seeking migrants who have been located in New York City in recent months. What is the story here and what should concern New Yorkers the most?
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578
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LAL — Will Congress Hold FBI Director Wray in Contempt? + #AMA with Norm & Mike (June 6, 2023)
Good morning, #LALiens! We're glad to be here and grateful you could be here with us. Norm has been a busy, busy man. Not that Mike hasn't, but let's face it: Mike isn't on TV and stuff.
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Today, the duo limit the scope of LAL's daily stream to one (1) topic:
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› All major media outlets are reporting that Congress by way of James R. Comer, republican representative and chair of the House Oversight Committee, will hold FBI Director Christopher Wray in contempt for Director's Wray's alleged failure to disclose information subpoenaed by the Oversight Committee concerning President Joe Biden's business dealings and entanglements with foreign governments prior to his election in 2020.
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There are a number of ways to skin this metaphorical cat, but there are some ways that are better than others. Under what authority does Congress issued a subpoena? What legal effect is given to that subpoena and what, if anything, is made complicated by the subpoenaed party's status as Director of a federal law enforcement agency—the executive branch—as it relates to legal obligations to comply?
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There is yet another interesting element to this saga. According to Representative Anna Paulina—republican representative and member of the House Oversight Committee—the FBI is "afraid" the whistleblower that in May alleged a Biden $5M bribery scheme will be killed if their identity is revealed. Questions abound.
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THEN—Norm and Mike transition into an #AMA segment where viewers and listeners can lob questions into the chat for one or both to answer.
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688
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LAL — Appeal Filed in Alex Jones, Post-Trial Motions in Biggs, CT Bans Open Carry (June 5, 2023)
Norm and Mike are hot off the weekend with a few key updates in Norm's world. You may have seen that Game 2 of the NBA Finals did not go to the Nuggets. Don't panic. With time, Mike provides some context for why Elon has made waves over the weekend. With time, though.
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Today:
› Norm Pattis has filed the Appeal in the Alex Jones defamation lawsuit — The Courant reports.
› Norm Pattis provides an update on the post-trial motions in the United States v. Joseph Biggs, et al., the trial in which four (4) members of the Proud Boys were convicted of seditious conspiracy in connection with the events of January 6, 2021. What are post-trial motions?
› Connecticut has passed a law banning open carry. Guess who plans to file a constitutional challenge against it? Duh. Big Norm.
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LAL — #FreeSpeechFriday: What is a Woman? A.I. Drone Problem & Paying Athletes (June 2, 2023)
Good Morning and Happy Friday, you filthy, filthy animals. We're alive and live at 8:00 am eastern to solve all of the worlds ailments—Law and Legitimacy is the antidote. The question is: did you tell a friend? Should you tell another? What's the first thing you're going to tell that person when you recommend the #BestLawPodcast on the internet?
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We have some ideas:
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› It is #FreeSpeechFriday on Twitter. The Daily Wire and Matt Walsh have made sure of that, by publishing the documentary "What is a Woman?" for free viewing on the social media platform that supports free speech, the first amendment, and the objective nature of truth. Right, Elon? Elon? Earth to Elon . . .
› Artificial Intelligence: is the A.I. "Skynet" here already? — The RAeS Future Combat Air & Space Capabilities Summit was held May 23 and 24 at the Royal Aeronautical Society's headquarters in London. Among the leading takeaways was the case study of an artificial intelligence simulation in which an AI-enabled drone tasked with search and destroy orders of enemy surface-to-air missile sites made a remarkably dark, yet predictable decision: it attacked it's human operator. Rude stuff.
› Mike put his cards on the table yesterday, offering his opinion that student-athletes should not be paid for participation in college sports. His real-life friends politely engaged the topic via Twitter. What is the true nature of Mike's position?
› Bill Cosby is in the news again. Victoria Valentino filed a civil lawsuit in Los Angeles County District Court yesterday for damages stemming from an alleged rape that occurred some 50 years ago. Valentino is a former Playboy model and has filed the lawsuit under a California law that is set to rescind at the end of 2023. Under the law—The Sexual Abuse and Cover Up Accountability Act—plaintiff's are afforded a one-year "revive" window to file an action to recover damages alleged to have been suffered as a result of a claimed sexual assault that would have been otherwise barred after January 1, 2023. Cosby is an easy target. And long-time LALiens may recall Norm's interview with one Andrew Wyatt, Bill Cosby's publicist, from a couple of years ago. How is a defendant afforded due process of law in the face of claims so old that witnesses and records required for one to mount an adequate legal defense are no longer accessible?
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528
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LAL — Nick Saban, NIL & Parity in Sports, CUNY Law's Valedictorian + NC Speech Law (June 1, 2023)
Good Morning, LALiens! Yesterday's stream was invigorating. It was the type of stream that embodies the essence of Norm and Mike's shared interest and spiritual connection. If you have not already, go back and watch and/or listen. And share with one friend.
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Today, expect more of the same energy:
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› Sports Illustrated reports: Nick Saban supports the unionization of college athletes behind the proliferation of Name, Image, and Likeness ("NIL") opportunities for young athletes. The state-by-state picture reminds Mike of the fragmented market for beverage alcohol regulation. Moreover, high school athletic associations are faced with difficult questions. What is North Carolina doing?
› CUNY Law School's valedictorian, Fatima Mohammed, gave her commencement speech just a few days ago. Don't you know, our existence in an of itself is revolutionary? Norm and Mike analyze the form and substance.
› The Carolina Journal reports: House Bill 607 portends to ban compelled speech on college campuses. Against the backdrop of the imminent decision regarding the legality or lack thereof of affirmative action, what does House Bill 607 mean for the future of college admissions and the curricula to be deployed on public university campuses?
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With time, Norm and Mike discuss North Korea's addition as a member of the World Health Organization, and the University of Colorado's "Pride Office" website designating one's misgendering of another to be an "act of violence."
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884
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LAL — A.I. Existential Risk, Saban on NIL & Parity, Religious Schools Post Nashville (May 31, 2023)
The cycle of frenzy is odd. America right now is tense. Even its fried chicken is political. It is worth wondering what life would be like if the urgency of our times weren't so amplified, if our shared history was not so kicked like a sheet to the bottom of the bed? Unrecognizable perhaps. Norm and Mike stream with the theme of guarding one's morale. We all should. Today:
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› The New York Times reports: "A.I. Poses 'Risk of Extinction', Industry Leaders Warn" + The Washington Post reports: "Elon Musk’s Neuralink says it has FDA approval for human trials: What to know"
› Sports Illustrated: Nick Saban says he supports the unionization of college athletes as a hedge against what he considers an imminent threat to college football behind the proliferation of Name, Image, and Likeness ("NIL") deals—declining parity.
› The Carolina Journal reports: "NC private religious schools feel threatened after Nashville shooting"—Norm and Mike unpack the dark reality surrounding faith-driven primary educators in a post-Nashville shooting era.
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452
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LAL — Heat to Meet Nuggets, Boston U's "Captive Audience," & EPA Reigned In (May 30, 2023)
This morning:
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› The Miami Heat traveled to Boston and took care of business in the Garden—NBA Finals start Thursday
› Professor Jonathan Turley writes: Boston University to require all first-year writing students to take social justice writing courses—school refers to students as "captive audience"
› Sackett v. EPA was on the docket for LAL last week, but we ran out of time. Norm and Mike talk SCOTUS's decision to reign in administrative overreach via the federal Clean Water Act
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531
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LAL — Happy Memorial Day! — Celtics in 7?, ChatGPT Fakes Caselaw, A.I. & Price Theory (May 29, 2023)
LAL — Happy Memorial Day! — Celtics Force 7, ChatGPT Fakes Caselaw, A.I. & Price Theory (May 29, 2023)
Good Morning and Happy Memorial Day! On this last Monday in May, we give our endless thanks to those members of the United States Armed Forces who gave their life in defense of our system of law and liberty—in defense of our individual freedoms. Thank you and may God rest your souls.
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Today feels like one of those streams where Norm and Mike will not make it all the way through the list, but here is said list:
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› The Boston Celtics pulled out a miraculous win on Saturday night in Miami against the Heat, to even the Eastern Conference Finals series at 3-3 to force a Game 7 tonight in the Garden. Norm and Mike break down the final seconds.
› The case is Mata v. Avianca. Plaintiff's counsel filed a brief to the court which cited cases referenced by ChatGPT. The problem? The cases do not exist. But wait, there's more. Rather than admit the err of their ways, plaintiff's counsel went back and asked ChatGPT to write the non-existent opinions—and then submitted those to the Court.
› Cormac MacCarthy on Sin and Hope
› Artificial Intelligence and Price Theory
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433
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LAL — LinkedIn Censors Vivek, Rhodes Sentenced, SCOTUS Slaps EPA (May 26, 2023)
It seems like this happens every week; Friday, that is. Regardless, welcome to another streamed installment of the best law podcast anywhere, Law and Legitimacy. We thank all our loyal #LALiens new and veteran alike. We're having a lot of fun.
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Speaking of fun, the Celtics seem to be having some of that. The C's defended the Garden last night to bring the NBA Eastern Conference Finals series with the Miami Heat to a 3-2 mark. Mike extends his gratitude to the Celtics for the lesson the organization is giving to kids watching everywhere.
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Today, Norm and Mike keep the bright line theme of legitimacy alive with several intriguing developments across United States law, politics, and culture:
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› Vivek Ramaswamy took to Twitter to shed light on LinkedIn's efforts to censor his content. Vivek is perhaps the only candidate that can break through to a voting base via a professionals-only platform such as LinkedIn, so the story is notable on that front and several others.
› Stewart Rhodes, the Oath Keepers founder convicted of seditious conspiracy in connection with the events of January 6, 2021, was sentenced yesterday—18 years. Norm shares his observations from the sentencing and his expectations for the Proud Boys defendants convicted of the same crime just a few weeks ago.
› The Supreme Court of the United States ("SCOTUS") issued its ruling in Sackett v. EPA yesterday. In a 5-4 decision, Samuel Alito wrote for the majority to tell the Environmental Protection Agency its interpretation of the Clean Waters Act was of profound stupidity resulting in egregious violations of real property rights.
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432
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LAL — ESG as a Luxury Tax, DeSantis Declares, and Ohio Northern Thwarts Due Process (May 25, 2023)
It has been an eventful week. This internet shingle of LAL is gaining a ton of momentum. Yesterday was an insightful stream, one in which Norm and Mike began striking a vein deep beneath the ideological surface of the modern cultural white caps—did you bring your pickaxe, LALiens? 👽
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Today, LAL continues in that subterranean exploration:
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› More on ESG (Environmental, Social, Governance) as what Mike termed to be a 'luxury tax'
› Elon Musk and Twitter made history last night, as Twitter Spaces played medium to Governor Ron DeSantis' bid to be the Republican nominee for President of the United States in 2024. Helpings of criticisms were aplenty due to technical difficulties at the start, but there is an argument to be made that the event was an unqualified success—just look at the high profile efforts to countersignal from both sides of the partisan divide.
› Norm has thoughts on whether the United States has the capacity to recalibrate presidential politics. Does it need to?
› Jonathan Turley reports via his own website about the events unfolding at Ohio Northern University's Petite College of Law: school security was dispatched to remove Professor Scott Gerber—a member of the Ohio Northern faculty for more than 20 years—from class, from teaching, and from the ONU campus. No explanation was offered. What has become of due process? On law school campuses?
› Oath Keepers founder, Stewart Rhodes, faces sentencing following his conviction for seditious conspiracy in connection with the events at the Capitol on January 6, 2021. Will the sentencing foreshadow what the 4 members of the Proud Boys who were similarly convicted are to expect in the weeks to come?
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427
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LAL — US Debt Ceiling, Bud Light and ESG, Twitter as Presidential Platform (May 24, 2023)
Good morning and welcome to Law and Legitimacy! To the returning viewers, subscribers, and habitual LAL Sharers, we are extraordinarily grateful and humbled that you choose to spend your time with us. To the new viewers, subscribers-in-training, and future LAL evangelists, we are honored to have you.
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Last night, the Boston Celtics avoided the embarrassment of a sweep by the Miami Heat by pulling out a win in Miami. The Eastern Conference Finals matchup now stands at 3-1. Can Boston do the unprecedented in NBA Playoffs history by overcoming a 3-0 deficit and triumph in the series? There is only one way to find out.
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Today, Norm and Mike take on a couple of key topics in America's ongoing struggle to re-legitimate its governing institutions, corporate culture, and the social fabric that binds the otherwise pluralistic nature of its society:
› The United States and the Debt Ceiling —this was a recurring theme of Donald Trump's presidency and the public perhaps learned more about the discretionary spending category in those four years than at any other time in American history. What is going on now?
› Daily Wire Reports: Former AB InBev President, Anson Frericks, says that the Bud Light brand is in for "a long, hot, dry summer." As the Co-Founder and President of Strive Asset Management—the anti-ESG asset management firm co-founded by Vivek Ramaswamy—Anson articulates the quasi-permanent nature of Bud Light's problem within the context of environmental, social, and governance scoring, and within the context of an American consumer that senses its own power to participate in a boycott that will actually work.
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365
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