Transcript of OA467: Demolishing the Electoral College, with Lawrence Lessig

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 467.  I’m Thomas, that’s Andrew, how’re you doing Andrew?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         I’m really good.  I’m comin’ off, you know-

Andrew:         [Laughs]

Thomas:         -an amazing episode that we did last Friday.  That was super cool, and we’ve got a really cool interview today.  We’re gonna be talking to Lawrence Lessig about, you know, getting rid of the electoral college, which is something that I’m pretty sure a very high percentage of our listeners would like to get rid of.  Probably in the 99s, percentage wise.

Andrew:         [Laughs] We may have some nostalgia fans.

Thomas:         Yeah.

Andrew:         We’ve got the hate listeners, we’ve got Uncle Frank, we’ve got that one guy that wanted to keep coming on promoting James Lindsey’s book.

Thomas:         [Laughs]

Andrew:         But [Laughing] other than that!  [Laughs]

Thomas:         Yeah.  Plus, there have been some people who are genuinely misinformed about this stuff.  They have an instinct for institutions, they have, you know, they don’t want to get rid of – they might have a certain fondness in their hearts for like, well, we shouldn’t get rid of these certain institutions that have been around, blah blah blah.  But when you look at the facts, this is not something that was intended by the Founders, even.  This is not something that is some age-old beloved thing with a time-honored tradition that makes sense, it’s a mess.

Andrew:         Yeah.  What I love about Professor Lessig is, I mean, he is out there actually litigating these issues, doing something about it.

Thomas:         Yeah.

Andrew:         Not just saying “hey – not just us.

Thomas:         Yeah, that’s what I’m doing!  [Laughs]

Andrew:         Hey it’d be really cool!  Yeah, me too!  To have a constitutional convention, but thinking okay, if we’re stuck with this system what are the things we can do to kneecap it?  I love – I can’t wait until we get a chance to talk to him.

Thomas:         Well, you’re in luck because we’re gonna hop on over right now-

Andrew:         Woo!

Thomas:         -and talk to Professor Lawrence Lessig.

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Transcript of OA465: The Fight to Unionize at Amazon

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 465 and I’m Thomas, and that’s Andrew, how’re you doing sir?

Andrew:         I am fantastic, Thomas?  How are you?  Still not a cat!  [Laughs]

Thomas:         Still not a cat.

Andrew:         How’re you doing?

Thomas:         And we are not talking about he who shall not be named.  I’m excited for what is sure to be a classic OA deep dive the way the show should have been in the alternate universe where Hillary was President or something.  [Laughs] I can’t wait, let’s see, I don’t even think we have any announcements or anything.

Andrew:         No, I can’t wait, let’s get to it!

Thomas:         Alright, here we go.

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OA468: SCOTUS News! Trump’s Taxes, Affirmative Action, and Title X

Normally we’re bracing ourselves every time there’s SCOTUS news, but this time there’s actually some good! Cy Vance HAS TRUMP’S TAX RETURNS. Ok that’s pretty much the end of the unambiguously good news. But listen in as Andrew gives us the expert analysis on the anti-affirmative action case and the Title X case!

Before that, we talk about what elections actually would have looked like under Lessig’s proportional system from last episode. The results are very fascinating! Yay spreadsheets! We finish off with a quick answer to the question, “could the Senate have voted anonymously on impeachment?”

Links: 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest, BBC Facebook v Australia: Who blinked first?, Daily Kos How minority rule plagues Senate, Andrew’s Spreadsheet, CNN Trump’s tax returns turned over to Manhattan district attorney, Mayor v. Azar, 973 F.3d 258, California v. Azar, 950 F.3d 1067, 42 US Code § 18114 – Access to therapies

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA467: Demolishing the Electoral College, with Lawrence Lessig

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It’s a war being fought on multiple fronts, but Professor Lessig’s current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown!

Links: Rodriguez v. Newsom cert petition, Baten v. McMaster, 967 F.3d 345

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA466: Opening Arguments Blocked in Australia?!

Why is the OA Facebook page blocked in Australia? Well, it’s not just us, it’s every news page! We’ve got the deep dive into why Facebook is blocking us and why Google isn’t, even though they were targeted by the same law.
Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It’s every bit as anti-choice as you think and then some. Finally, a look at an absurd and pathetic attempt by Georgia Republicans to shield Trump from likely indictment by amending the constitution!

Texas Resources: Warming Centers – TDEM, Warming centers in Texas: How to find them, get help and help others, Live Doc with resources, TEXAS WEATHER CRISIS ASSISTANCE
Links: Overview of Fetal Development, Abortion Policy in the Absence of Roe, AUS Digital Platforms Inquiry rpt, News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 – Parliament of Australia, News Corp and Google Agree To Global Partnership, Changes to Sharing and Viewing News on Facebook in Australia, Georgia General Assembly – SR 100, 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA465: The Fight to Unionize at Amazon

Today’s show is a fascinating deep-dive into one Amazon facility’s efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore!

Links: Amazon workers begin voting in landmark US union push, Amazon Workers in Delaware Reject Union Effort, Amazon has avoided unions for 25 years, Amazon 18-month non-competes, Amazon’s Secret Program to Spy On Workers, Amazon training videos coach Whole Foods staff on how to discourage unions, Amazon: ‘They Work You to Death’, Amazon NLRB Case, National Labor Relations Act, 29 U.S.C. §§ 151 et seq, Signed RC petition, Amazon response, Amazon has lost its bid to delay Alabama union vote, NLRB petitions report, Res 27 power sharing, 2001 version S. RES. 8

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA464: Impeachment 2 Secret of the Ooze

In case you missed it, our 45th president led a violent insurrection about a month ago and now it’s up to Democrats to convince a bunch of Republicans… who were there… that it happened. Andrew is here to break it all down for us!

Also, some other criminal president updates as the Georgia Sec of State opens an investigation into Trump’s election meddling there.

Links: NYT Georgia Officials Review Trump’s Phone Call to Raffensperger, Georgia Prosecutors Open Criminal Inquiry Into Trump’s Efforts to Subvert Election, DA Preservation letters, Christine Resigns, impeachment schedule, Res 47 Adopted 2/9, Donald Trump Speech “Save America” Rally Transcript January 6, 18 US Code Chapter 102 – RIOTS

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA463: Why Cases Against Robinhood Will Fail

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 463.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I am doin’ fantastic, Thomas.  How are you?

Thomas:         I am just overwhelmed by how much we have to talk about today.

Andrew:         [Laughs]  

Thomas:         I hope we can get to it all in a reasonable fashion, let’s find out.  There’s so many bullet points, we’ve got Morgan coming on to explain GameStop.  We’ve been waiting for this for, what, two weeks?  I can’t wait.

Andrew:         Yeah, yeah.

Thomas:         Then a possible wild card segment that we’ll see if we get to?

Andrew:         Eh?  [Laughs]  

Thomas:         I think we’d better get right to it, what do you think?

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OA463: Why Cases Against Robinhood Will Fail

Ace Associate Morgan Stringer is here to throw some cold water on the cases against Robinhood in the GameStop fiasco. Why are they doomed? Find out!

Before that we cover a grab bag of good news items including the DOJ dropping the Yale lawsuit, federal student debt cancelation, and Virginia abolishing the death penalty. Are you tired of positivity yet?

Links: OA219: Harvard and Affirmative Action, Warren and Schumer Resolution, 20 US Code § 1082, Virginia Senate passes death penalty abolition bill

Appearances

None, invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA462: Rittenhouse Team Commits Perjury; DC Statehood and Impeachment!

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 462.  I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         Oh, I’m tired.  I was up late last night.

Andrew:         [Laughs]

Thomas:         This is a real 2021 night.  I was up late last night because I finally did laundry.

Andrew:         [Laughs]

Thomas:         That was … [Laughs] Turns out, when you don’t go anywhere you can – I don’t know the last time I did laundry, it might have been in the 90s, I don’t know.

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