Formerly XXceedingly Persuasive, episodes 1 through 50! In XXP, Mackenzie Joy Brennan (Court Attorney for the NY Supreme Court) and Brooke Rogers (politics writer) tackle the fearsome world of law and policy one issue at a time. XXceedingly Persuasive offers nuanced analyses in digestible doses-- adding the cultural, historical and political context to current issues. As young women from different backgrounds and fields, Mackenzie and Brooke show that these issues can be hashed out in a way ...
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As the entertainment industry strikes continue, here’s a convo with a Hollywood costumer Nicole Suerez Jones-- whose IATSE local unions aren't on strike, but are still suffering the effects of studios’ greed, poor working conditions, and an industry at an impasse. More strikes in more industries are looming, too.You know what I say? If these worker…
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SAG-AFTRA and the WGA (actors' and writers' unions) have made the tough decision to strike against the AMPTP (movie studios, big streaming corporations, etc.). In part 1 of (at least) 2 exploring the actors’ and writers’ strikes, I talked to SAG member Marie Cecile Anderson-- an actor, comedian, and musician based in Nashville-- about the decision,…
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New docuseries sheds light on the religious sect behind the Duggars and other families that use parents’ rights, religious freedom, and homeschooling (enabled by lax laws!) to indoctrinate the next generationMackenzie Joy Brennan による
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We're ending pride month, so I'm re-boosting this remembrance of my uncle Stewart Joy, lost to the AIDS crisis in 1988. We got to speak to his former partner & caretaker, John Ascher, about healthcare policy, homophobia, and changing attitudes. Happy pride, be kind, and rememberMackenzie Joy Brennan による
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What the hell is “judicial bypass,” how does it hurt young people, and why is nobody aware of it? Indulge me on a walk thru the work that desperately few of us do assisting pregnant minors.(Read on at mkzjoybrennan.substack.com !)Mackenzie Joy Brennan による
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Part 2 of 2 on interpreting the Second Amendment, its jurisprudential history & evolution (ending with Heller and Bruen), and how that track record has facilitated lax gun laws like "Stand Your Ground" and the "Castle Doctrine" of self-defense.Mackenzie Joy Brennan による
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Interpreting the Second Amendment, its jurisprudential history & evolution, and how that track record has facilitated lax gun laws like "Stand Your Ground," the defense to 3 recent shootings of unarmed young people.(Also credit to Bojack Horseman or Netflix or Raphael Bob-Waksberg, from whom I stole a Bojack clip)…
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Slay 'emMackenzie Joy Brennan による
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Abortion bans are closing in on all of us, even where we feel safest. I've been working on sharing my own story having a procedural (aka surgical) abortion at Planned Parenthood NY. Abortion ban battles continue in Arizona (and many other states) and a nationwide abortion medication ban looms via an FDA case challenging mifepristone in Texas federa…
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Exploring the mystical world of Section 230 of the Communications Decency Act, the immunity it provides social media sites, and the pending Supreme Court case to roll it back. To read this (and more) in newsletter form, visit & subscribe at mkzjoybrennan.substack.com !Mackenzie Joy Brennan による
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This episode is dedicated to celebrating the Mother of the Disability Rights movement, Judith "Judy" Heumann. Judy passed away this weekend and I feel tremendously lucky to have chatted with her last year. In addition to countless personal, nationwide, and worldwide achievements, Judy helped get the Americans with Disabilities Act (r ADA) passed an…
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Therapist-in-training Amita Padiyar and I watched the "Casey Anthony: Where the Truth Lies" docuseries on Peacock, so you don't have to (& honestly, came away with more questions than we thought we'd have)!Mackenzie Joy Brennan による
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A recap of the 2022 US midterm elections, which are (mostly) completed: the issues that motivated voters (abortion, inflation, party frustration); false predictions of a "red wave;" state/senate/house highlights; and what the results mean for the next few years!Mackenzie Joy Brennan による
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In part two of the pre-midterm-election VOTE PLEASE! series, we are talking about voting third party or abstaining from voting: from the history of third party presidential candidates, the laws that make third parties unlikely to win, and-- by comparison-- some long-term strategies to implement systemic change (while doing what we can to minimize i…
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In the first part of a miniseries on voting, election law, and pre-midterm desperation, public interest lawyer Mackenzie Joy Brennan talks about voting in a two-party, federalist system; harm reduction strategies; and our short-term versus long-term goals when we go to the ballot box.Mackenzie Joy Brennan による
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In reproductive rights pt 2, we're piecing together the lineage n legal framework of the right to choose: from the Framers' regard for natural rights (like the right to privacy), to Roe v. Wade and Planned Parenthood v. Casey using the due process liberty interest, to the current Supreme Court's disregard for these rights and precedents. Plus, a wh…
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Roe & Casey's reproductive protections have been all but scrapped by the US Supreme Court (with honorable mention to Texas). Let's arm ourselves w/ medical facts, stats, precedent, and other paper bullets of the brain!In part 1, we're talking about the realities of abortion procedures and reproductive rights. In part 2, we'll dig into the jurisprud…
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Justice Stephen Breyer has announced that he's stepping down from the US Supreme Court. While he's far from the first Justice to retire, Breyer is responding to mounting pressure for the Court's older, liberal members to leave while Democrats control the Senate and Presidency. Political influence on the Court has been mounting ever since Reagan's c…
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The baby on the album cover of Nirvana's "Nevermind" has re-filed his lawsuit against the band after his initial complaint was dismissed last month. The baby (now-adult Spencer Elden) claims what, you ask? CHILD PORN. Child porn is a reprehensible scourge on human existence but Nirvana's album cover depicting a naked baby swimming is not, per se, p…
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In the early 2000s, everyone was certain Scott Peterson had murdered his pregnant wife Laci. We all “knew,” thanks to sordid & relentless media coverage, that there was no doubt in his guilt. BUT almost everything we heard on the news was incorrect, the investigation was flawed, the facts don’t add up, and the trial was rife with misconduct. Scott …
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Kyle Rittenhouse killed two & wounded another with an AR-15 style gun he brought to a protest over the killing of an unarmed black man, Jacob Blake. Rittenhouse’s acquittal has raised questions about self defense claims by armed aggressors, judicial bias, and unequal outcomes in the criminal justice system.…
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"War of the Worlds" to Social Media, Free Speech Pt 3
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In the 3rd installment on free speech, we examine first amendment struggles with new media. Social media-- unchecked, internet speech on private platforms where, often, nobody is held liable-- is the obvious, pressing example. BUT it's still Halloween-adjacent, so we're taking a lighter look at the War of the Worlds radio broadcast in 1938, too.…
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Hate speech & beyond! This is Free Speech Part 2 from our video-originating miniseries. This time, we hit some of the categories of speech with limited protection and tricky definitions-- in a lot of them (like hate speech), legality can depend heavily on the speaker's intention.To watch this as the good lord intended (via video), including extra c…
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Welcome to our side-series on the constitutional amendments! We're skipping over the articles for now and starting with one of the five rights in the First Amendment-- free speech. More specifically, the guarantee that "Congress shall make no law...abridging the right to free speech," which is a little different than what some folks assume the clau…
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Hurry Up & Wait: Remembering the AIDS Crisis
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This Pride Month also marks 40 years since the first AIDS diagnoses: On the one hand, the LGBTQ+ community has come so far; on the other, the US Supreme Court has just ruled against same-sex couples’ freedom to adopt from religious organizations. We discuss progress, corporatized pride, and re-work last year’s interview with John Ascher, who lost h…
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XXP 50. Philosophize in it! Decarbonize with it!
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We're talking decarbonization with environmental lawyer Rich Kassel, who's worked with the EPA, the UN, and the NRDC (to name a few) to craft and reform global climate policy. Rich gives a few examples of decarbonization methods & policies that are feasible and efficient enough to make a significant difference fast (rather than waiting 'til 2040). …
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XXP 49. Philony Stupid: Part 2 (with Carolina Hidalgo)
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CONTENT WARNINGS: Abuse, gun violence and death. After breaking down Phil Spector's history and the death of Lana Clarkson in the last episode, we're joined again by No Dogs In Space's Carolina Hidalgo to talk about the trial and the evidence in favor of (and against) conviction.Mackenzie Joy Brennan による
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XXP 48. Philony Stupid (with Carolina Hidalgo)
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In our detour into trials & social-grappling-with music producers, we’re visiting the recently departed Phil Spector. With some added musical & cultural insight from Carolina Hidalgo, we talk about the late producer, his mistrial and second trial, and how public opinion and evidentiary omissions influenced his murder conviction. Part 1 of 2!…
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XXP 47. The Artist Formerly Known As Ke$ha ft. Page 7: Pop History
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We're joining forces with Natalie, Holden, and Jackie from the Page 7: Pop History podcast to talk about the ongoing legal battle between Kesha and producer Dr. Luke. Almost since Kesha became a pop star, she has been contractually obligated to work with her alleged abuser, Dr. Luke. The multiple trials over sexual assault, defamation, and when and…
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Forced motherhood in Venezuela has become one of many unintended consequences of the Maduro regime, and of the international sanctions designed to oppose Maduro. The combo of Maduro's domestic policy and the Trump administration's foreign policy has made access to abortion, reproductive healthcare, birth control, and even condoms nearly impossible …
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While in Part One, we discussed the legal history and constitutionality of the death penalty, in this episode we bring on political writer Kat Timpf to discuss the moral implications and whether government should have the ability to carry out executions.Mackenzie Joy Brennan による
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XXP 44. Kill v Maim: Is the Death Penalty Cruel & Unusual?
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The US federal government carried out a record number of executions under the Trump Administration (which pushed the last one through just days before President Biden’s inauguration). The current Supreme Court lifted multiple stays to allow these executions to go forward. With a new President, the same Court, and global attitudes shifting away from…
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XXP 43. Impeachment 2: Electric Boogaloo
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This week, we discuss Trump's second impeachment. Big guy now holds half of the presidential impeachments in our nation's history! In relation to the new impeachment charge AND upcoming inauguration, we examine when angry speech becomes incitement to violence, and what federal crimes the rioters might be facing.(Sorry for technical difficulties wit…
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XXP 42. This Is Not Our Beautiful House
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After Trump supporters' attempted coup and invasion of the Capitol this week, we discuss the attack's significance, the rhetoric that led to it, and the response from both law enforcement and government. We touch on what this (and the newly 'blue' Senate after the Georgia run-off election) means for the transition of executive power and the incomin…
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With the Dept. of Justice suing Walmart over pharmacy practices during the opioid crisis, and the Sackler family testifying before Congress, we diagnose the actual systemic problems in our healthcare framework. While politicians and corporations try to implement symbolic, ineffective hurdles after-the-fact, we'll see patients struggle to access pre…
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Brooke and MacKenzie discuss the rollout of the three new COVID vaccines, the effect of the anti-vax movement on public reception, the danger of conspiracy theories surrounding the vaccine and the possibility of a state mandate requiring Americans who are able to be vaccinated.Mackenzie Joy Brennan による
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XXP 39. Eggs & Other Human Rights Violations
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With news of ICE Detainees going on hunger strike to protest being held in ICE facilities despite the risk of COVID, we discuss the balancing and international law around hunger strikes and forced feedings. We start with the most famous prisoner hunger strikes: the 10 IRA members who died in British custody during The Troubles. Also, we condemn eat…
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Biden won, Trump lost. What comes next, with recounts, lawsuits, and refusals to concede? This feels like the last scene in The Graduate.Mackenzie Joy Brennan による
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XXP 37. Get Us To A Nunnery: The Repro Rights Ep
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To help distract from the presidential (+) election currently raging around us we are delving into a different potential crisis: reproductive rights and abortion access after Amy Coney Barrett's approval to the Supreme Court. Many, many things are on the chopping block with her unprecedented appointment, and Roe & Casey's protections are top of the…
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XXP 36. Breaking the Blue Code ft. Benjamin Boult
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Brooke and MacKenzie are joined by documentary filmmaker Benjamin Boult to discuss the story of officer Ken Williams, who says he was pushed out of his department in Brockton, Massachusetts after he helped the victim of an unlawful arrest file a complaint against a fellow officer. Beyond the Blue Wall film: https://www.bluewallfilm.com/Benjamin Bou…
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XXP 35. Fascist Threats and Commie Lies ft. Caleb Ecarma
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MacKenzie and Brooke talk to Vanity Fair writer Caleb Ecarma about the prosecution of journalist Maria Ressa and Rodrigo Duterte's growing war on the press and freedom of speech in the Philippines. They also discuss the first few days of the Supreme Court confirmation hearing of Judge Amy Coney Barrett.…
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XXP 34. RBG: Waste no time on resentment, just get the job done
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We pay tribute to Justice Ruth Bader Ginsburg- the lawyer and jurist, the woman and human being. Justice Ginsburg decision in a case about gender equality at the Virginia Military Institute, or VMI, and its “exceedingly persuasive” standard is particularly dear to our hearts. We also acknowledge, reluctantly, what her vacancy from the bench means f…
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XXP 33. Hurry Up & Wait: Health Policy Lessons from the AIDS Response (with John Ascher)
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Those who don’t remember the past are doomed to repeat it, baby, yet here we are. The response to the last major epidemic, HIV/AIDS, was a cautionary tale in public health policy. Timely response, regard for medical science, and rhetoric from the President were far from ideal, and thousands of lives were lost as a result. As the COVID crisis rages …
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XXP 32. Backpage Gets The Red Light (with Xandra)
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In the second part of our talk about SESTA/FOSTA and criminal justice reform regarding sex work, we chat with sex worker, sex educator, and relationship-and-intimacy coach Xandra (@XandraDzw). We discuss what the new law did (and how it might violate the Constitution), where it failed at its professed goal of protecting victims and sex workers alik…
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XXP 31. For One Brief Moment...A Kamalot
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With Joe Biden's recent announcement of CA Senator Kamala Harris-- a woman of mixed black-and-Indian descent, and a former prosecutor-- as his running mate, we discuss some of the criticisms leveled at the new, potential VP: the good, the bad, and the ugly. Then, we segue from Harris' record on sex work into the start of our two-part "series" the S…
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XXP 30: If You Seek Agency ft. Page 7: Pop History
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Brooke and MacKenzie are joined by the Page 7: Pop History crew, Jackie Zebrowski, Holden McNeely and Natalie Jean, to discuss the #FreeBritney movement and the fraught legal and cultural battle over the conservatorship of Britney Spears, including the standard for conservatorship, along with some of the protections and procedure under the law, whe…
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XXP 29: Look What The Government Dragged In
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Portland. The Trump Administration has sent federal troops to intervene in civilian protests on the streets of Portland, Oregon-- at least, that's what we've pieced together with the limited information released by the Trump Admin. or the officers themselves. This week, we discuss where state and federal jurisdiction begin and end, how much protect…
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MacKenzie and Brooke bid adieu to the 2020 SCOTUS term by breaking down some of the Court's notable decisions, including protection for LGBTQ workers under Title VII. They also discuss the difference between textualism and originalism, and MacKenzie makes Brooke promise to watch Hamilton.Mackenzie Joy Brennan による
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Brooke and MacKenzie lay out the history of qualified immunity and how it protect officers accused of misconduct and break down the messy resignation of US Attorney Geoffrey Berman, who was ousted by Attorney General William Barr. They also discuss the deaths of Dominique "Rem'mie" Fells, Riah Milton, Elijah McClain and the ramifications of being t…
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MacKenzie and Brooke discuss the deaths of Ahmaud Arbery, Breonna Taylor, George Floyd, Tony McDade, David McAtee, James Scurlock and Dion Johnson and the lack of accountability in cases of police brutality against the Black community. The conversation also addresses the recent curfews and the First Amendment rights to free speech and assembly, the…
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