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Freelance Is Dead, Long Live Freelance (Edited Version)

This video is an edited edition my original podcast episode that was initially published here on April 16, 2024. This is simply a cleaned up version with the profanity and raunchy humor edited out to include as part of a portfolio of my work.

Episode # 83
Today on Legalese we are discussing the the Biden Administration’s new agency rules put into effect by the Department of Labor, meant to be the first step to destroying the ‘gig economy’ on the national level. This reality is one that I have been warning about for the better part of five years, and it finally seems to be coming to fruition.

This move is meant to “regulate” freelance workers and independent contractors, with the government insisting independent contractors are being exploited and must be saved from their own choices.

Really this is nothing more than a move to force millions of people who enjoy the flexibility and freedom of working as an independent contractor to join labor unions as dues paying members.

We will be covering what these new Department of Labor regulations say and do, as well as looking at the various pieces of legislation they are based on to try and understand the real-world effect these regulations will have.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-freelance-is-dead-long

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Supreme Court Delivers A Property Rights Hat Trick

Episode # 85

Support The Institute For Justice – https://ij.org/support/give-now/devillier

In Devillier v. Texas, the Supreme Court delivers a property rights hat trick. Following the Supreme Court’s rulings in Tyler v. Hennepin County and Sheetz v County Of El Dorado, Devillier v. Texas is now the third landmark takings clause precedent in a row to side with property rights over sovereign immunity and the “compelling government interest” argument.

This is both notable and commendable— Especially considering this takings clause trifecta has consisted of three unanimous opinions, despite the fact that for decades, takings clause cases have traditionally split the Justices along the ideological right/left divide.

On the other hand, this ruling would prove to be much more narrow in its scope than many people had hoped for and expected. The Court declined to address the question presented directly, which asked whether people can seek redress under the self-executing takings clause if the legislature has not provided them with an affirmative cause of action.

The Court also failed to address the initial issue in this case, which was the Catch-22 the state of Texas employed to avoid their obligation to pay just compensation for the taking.

Today on Legalese we will be going through the opinion of the court to break down precisely what the court’s unanimous decision does and does not accomplish. As well as exploring some fascinating tangential aspects of this opinion.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-devillier-v-texas-wrap

• Legalese Home Page – https://www.legalesepodcast.com/
• Sign up for Legalese Newsletter! – https://legaleseshow.com/

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Tough Sheetz, El Dorado – Supreme Court Finds Extortion Is Unconstitutional

Episode # 84
Today on Legalese, we are discussing the Supreme Court’s decision in the case of Sheetz v El Dorado County in which the Supreme Court would find that extortion is unconstitutional.

• Legalese Home Page – https://www.legalesepodcast.com/
• Sign up for Legalese Newsletter! – https://legaleseshow.com/

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Freelance Work Is Dead, Long Live Freelance Work

Episode # 83
Today on Legalese, we are discussing the The Biden Administrations new Agency Rules put into effect by the Department of Labor that is meant to be the first step in destroying the Gig Economy. This reality is one that I have been warning about for the better part of 5 years, and it seems not to finally be coming to fruition.
This move is meant to “regulate” freelance workers and independent contractors, with the government insisting we independent contractors are being exploited and we must be save from our own choices.
Really this is nothing more than a move to force millions of people who enjoy the flexibility and freedom of working as an independent contractor and forcing them to join labor unions as dues paying members.
We will be covering what these new DOL regulations say and do, as well as looking at the various pieces of legislation they are based on to try and understand the real-world effect these regulations will have.

• Legalese Home Page – https://www.legalesepodcast.com/
• Sign up for Legalese Newsletter! – https://legaleseshow.com/

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SCOTUS Hears Oral Arguments In First Amendment Retaliation Claim

Episode #82
In the case of Gonzalez v. Trevino, the core revolves around a First Amendment retaliation claim, presenting a pivotal examination of free speech rights and government response. The essence of such a claim lies in the allegation that an individual’s speech, protected under the First Amendment of the United States Constitution, was met with retaliatory actions by government officials or entities, hence infringing upon their rights to free speech. As the Supreme Court entertained oral arguments for this case, the justices were tasked with dissecting intricate legal precedents, the specifics of the retaliatory actions alleged, and the broader implications for free speech protections.

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legalesepodcast.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

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Netchoice Case Update: Oral Argument Edition

Netchoice Case Update: Oral Argument Edition Earlier this week, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice, cases challenging Florida and Texas state laws barring major social media firms from using most types of content moderation, thereby requiring them to host content they disapprove of. The oral …

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First Amendment Retaliation Claim Reaches Supreme Court (Gonzalez v Trevino Primer)

Episode # 81
Today on Legalese we will be discussing the case of Gonzalez v. Trevino. This case posits a novel claim of first amendment retaliation. The Court is being asked to decide what counts as “objective evidence” that someone was arrested in retaliation for constitutionally protected activity.

Follow & Support
Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

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Opening Salvo: Oral Arguments in NRA v. Vullo Summary & Update

Episode #80
Today on Legalese we will be discussing the case National Rifle Association v. Vullo. This is a case from my Supreme Court Roundup that we last discussed back in November 3032 when the Supreme Court would grant cert on this case.
Last Monday March 18th, 2024, the Court would hear oral arguments in this case. In today’s episode we will be reviewing the facts of the case and the procedural history in the lower courts, then take a deep dive in the merits of the case coming before the court and I provide a breakdown of the oral arguments, including clips of key moment during the hearing, as well as my analysis of the arguments made and the potential outcomes in this case, along with my prediction of the final outcome when the Court hands down their opinion this summer.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-national-rifle-assoc-v

Follow & Support
Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

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