87 episodes

The law impacts almost everything we do, several times a day. Sometimes we break the law and don't even know it! Attorney Bob Sewell explores what is legal in today's society by asking experts the age old question - Is That Even Legal? And getting the answers in plain language...while having a bit of fun.

Is That Even Legal‪?‬ Attorney Robert Sewell

    • Education
    • 5.0 • 43 Ratings

The law impacts almost everything we do, several times a day. Sometimes we break the law and don't even know it! Attorney Bob Sewell explores what is legal in today's society by asking experts the age old question - Is That Even Legal? And getting the answers in plain language...while having a bit of fun.

    The Patient Died...Can the Practitioner Still Practice? When a License is on the Line...

    The Patient Died...Can the Practitioner Still Practice? When a License is on the Line...

    The rules appear uneven. The outcomes seem almost random. But what happens when a doctor, a dentist, a nurse, etc., makes a mistake...or is negligent? Can they practice or do they go to jail?  In this episode, you are going to hear some wild stories...

    If you are a professional...what do you do? If you are a consumer, how do you protect yourself?

    Bob explores the razor-thin line between human error and negligence in the healthcare industry with professional license lawyer and industry expert David Williams. We take you on a journey through the complexities of healthcare licensing, where the fate of professionals hinges on the decisions of regulatory bodies.

    The contrast between an Arizona dentist who maintained his practice despite a history of complaints, and a Tennessee nurse facing severe penalties for a single mistake sets the table for our conversation.

    We tackle the arduous process healthcare workers endure to obtain and retain their licenses, and the psychological warfare they face under the scrutinizing eyes of licensing boards. Our guests shed light on the self-corrective mechanisms within the industry, revealing the delicate balance between upholding patient safety and supporting the well-being of medical practitioners.

    What do you do if you are a practitioner and you have a complaint? Make a mistake?  How can consumers protect themselves, report mistakes?


    Listen now.

    • 36 min
    Examining the 14th Amendment's Insurrection Clause and Its Impact on Trump's Political Future

    Examining the 14th Amendment's Insurrection Clause and Its Impact on Trump's Political Future

    No matter what side of the political spectrum you fall. And whether you think the former president should be on the 2024 ballot or not. Tomorrow's Supreme Court consideration of the Insurrection Clause is historic. We could not let it happen without taking a look.

    In this interview, Bob interviews constitutional expert Ilya Somin, a professor at George Mason University. What follows is an engaging exploration into the 14th Amendment's insurrection clause and its potential repercussions for Donald Trump's political future. As the Supreme Court deliberates, we dissect the amendment's historical roots, established to curtail post-Civil War insurrectionists, and scrutinize its relevance in the wake of the January 6th Capitol siege. The conversation traverses the terrain of past rebellions and posits how the Capitol breach stands in comparison, offering an intricate understanding of the constitutional definitions at play.  We take no side in this fight and the professor's views are his own.

    Navigating the murky waters of what constitutes presidential support for an insurrection, we scrutinize Trump's actions on the fateful day, incljuding the implications of his response—or lack thereof—to the Capitol breach. The episode peels back the layers of constitutional ambiguity, addressing the complexities of determining engagement in insurrection, and how these gray areas resonate with our democracy's fundamental themes. Through Somin's expert (and, admittedly partisan) lens, we shine a light on the bearing this case could have, considering the unique dynamics of a former president and current political figurehead's eligibility for office.

    Focusing on the electoral eligibility mechanisms, the dialogue turns to the influential role of Secretaries of State and the judiciary's part in protecting our electoral sanctity. Through historical references like the challenge to Ted Cruz's eligibility, we emphasize the importance of checks and balances within our legal system. The episode wraps with insights into the potential for the highest court to interpret both legal and factual findings, particularly in defining insurrection—and what it means to engage in it. For those drawn to the interplay of law and democracy, this episode is an invitation to witness a deep-dive into one of the most pressing legal debates of our time.

    • 43 min
    What on Earth is a Covenant Marriage? Do You Have One? Should You?

    What on Earth is a Covenant Marriage? Do You Have One? Should You?

    Covenant marriage recently made headlines when the new Speaker of the House took his position in Washington, D.C. He has one, and so the media tried to figure out just what it was.

    They painted covenant marriage as quirky and as weird as they could make it, but the law’s roots are based in a good intention...try to stem the tide of divorces across the land. 

    "No-Fault" divorce laws are blamed by some for the dwindling permanence of what once was one of our most cherished relationships...the institution of marriage. 

    So, "covenant marriages," were invented in some states as a legal way to try to “help” couples stay together, with the state getting involved. 

    If you made marriage covenants, are you in a covenant marriage?  Listen in to find out.

    As with most laws Bob examines, there are lots of unintended consequences when the government tries to solve something through laws. Divorce law guru and law firm partner Melissa Benson makes her debut on the show to answer the questions. Covenant Marriage: Do you have one? Should you have one? What happens if it blows up?

    • 19 min
    Can the Law Stop Homelessness? Suing the Cities for Nuisance...

    Can the Law Stop Homelessness? Suing the Cities for Nuisance...

    When cities lets homeless camps spiral out of control...who are they serving? A constitutional scholar and law professor is suing big cities on the premise of nuisance laws...and he is winning. In one instance, his action cleared a massive
     homeless encampment in Phoenix, known as "the zone." 

    Listen in as Bob spars with our special guest, constitutional expert and author, Ilan Wurman. We delve headfirst into the legal complexities and human disaster is homelessness and inadvertent implications of old court decisions.

    Listen as we expose what the court found was a city's negligence in enforcing laws against public camping and sleeping, leading to the unfortunate living conditions of up to a thousand individuals, struggling with issues ranging from drugs and violence to human waste. Discover how public nuisance lawsuits are being used to address the crisis without adding to the criminalization of homelessness.  We are reminded the pervasive role of addiction and mental illness in the homeless scenario.

    Will we see nuisance lawsuits nationwide?  Gain insights into this ripple effect and the fierce stance of organizations like the ACLU against the removal of homeless camps. 

    We discuss if it's high time for cities to prioritize the well-being of their residents over lawsuit fears. Spoiler alert, it is.

    This is a cutting edge episode you don't want to miss.

    • 41 min
    Can We Please Curtail The Corruption?

    Can We Please Curtail The Corruption?

    It does not matter what your political position may be or how you vote. No matter your views, you probably feel that there is WAY TOO MUCH CORRUPTION  - those who use taxpayer dollars to enrich themselves.

    Is That EVEN LEGAL?  Of course not.  The question is, what can be done about it. Can the law curtail corruption?

    In this episode, join Bob as we reach into the Mississippi Attorney General's race, where one candidate has made fighting public corruption a hallmark of her campaign. We don't endorse candidates, and we certainly offer equal time to Greta Martin's opponent, but Mississippi's high profile case involving the use (or misuse) of $90 million earmarked for needy families - YOUR TAX DOLLARS, was a good exhibit A of what corruption looks like. 

    Brace yourselves as we delve into a shocking tale of corruption that has rocked the state of Mississippi! It's a microcosm of corruption country-wide.
     
    Imagine a system where the rule of law is upheld and those in power are held accountable? Is it a fantasy...or can Attorney Generals actually make it happen?

    Give a listen as we venture into the thorny terrain of prosecution and jurisdiction in Mississippi, probing how concurrent jurisdiction could be employed to prosecute those implicated in this sordid saga. We ponder the potential of unearthing more crimes beyond the $77 million fraud and question why the state's political system has been allowed to operate  seemingly unchecked for so long. 

    Related reading: https://apnews.com/article/mississippi-welfare-scandal-brett-favre-dd447fa50d4e67b963f59de42fe5dc3f

    https://apnews.com/article/sports-legal-proceedings-scandals-brett-favre-mississippi-d0ae88cc6727fd74b4686fb09d9e7dcc

    • 25 min
    Blindsided By a Conservatorship? What a movie can teach you...

    Blindsided By a Conservatorship? What a movie can teach you...

    Join us in a deeper exploration as amazing New Mexico Estate Planning lawyer Stephanie Woods and I delve into the convoluted legalities surrounding the true story of Michael Oher, whose life journey inspired the Hollywood blockbuster, 'The Blind Side.' In this episode, we critically examine the peculiar conservatorship held by the Tuohys - his guardians, and the baffling circumstances surrounding his supposed "adoption." Recent developments have emerged post our recording, shedding more light on this complex tale.

    The narrative takes a new turn as a Tennessee judge recently announced the termination of the conservatorship agreement between Michael Oher and the Memphis couple who had taken him in during his high school years. While this decision marks the end of the conservatorship established in 2004, it opens a Pandora's box of financial disputes which continue to linger. The heart of the matter lies in Oher's claims that the Tuohys had misrepresented the conservatorship as an adoption, leading him to believe in a familial bond that legally, never existed. Further, he alleges that this misrepresentation allowed the Tuohys to control his finances, using his name, image, and likeness for their enrichment.

    Listen in as we navigate through the legal intricacies of conservatorships, adult adoptions, and the significant implications surrounding solid estate planning. Michael's case underscores the potential financial repercussions when such legal arrangements are not adequately addressed or understood. Despite the termination of the conservatorship, Michael's fight for a thorough accounting and rightful compensation of the finances earned off his name and story forges on, unraveling more questions on the ethical and legal aspects of conservatorships and adult adoptions.

    • 25 min

Customer Reviews

5.0 out of 5
43 Ratings

43 Ratings

Sam D15 ,

Interesting law podcast

I’ve been listening now for about 6 episodes. So interesting. I like how each episode breaks down the law so everyone knows what it means.

simmojb ,

Awesome podcast for the lawyer and layman alike

And relevant. The AI episode predicted something that just happened — a lawyer was caught using ChatGPT to write a filing, except the AI “hallucinated” the cases it cited.

Julie-Your Expert Guest ,

Eye opening!

The legal world can sometimes be foreign to those without a legal background and the topics and discussions here are fantastic. I’m learning a ton!

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