Tag Archives: arbitration

OA177: Neil Gorsuch’s Epic Decision & the NFL (feat. Chris Kristofco)

Today’s episode takes a deep dive into the recent Supreme Court decision in Epic Systems Corp. v. Lewis, a Gorsuch opinion that is exactly what we told you to expect back when he was nominated to the Court.  Oh, and we also tackle the latest policy issued by the NFL with our four-time guest, Chris Kristofco.

And that’s where we begin:  with a detailed breakdown of the legal implications of the NFL’s just-announced policy prohibiting on-field peaceful protests during the national anthem.  You won’t want to miss it!

During the main segment, we break down the Supreme Court’s 5-4 decision upholding the use of mandatory arbitration clauses that waive the right to class action lawsuits in take-it-or-leave-it contracts of adhesion.  But — because this is a Gorsuch opinion — you won’t be surprised to learn that it’s so very much worse than you thought.

After that, we move into a listener comment on plea bargaining that foreshadows an upcoming episode….

Finally, we end with the answer to Thomas Takes the Bar Exam Question #77 about the constitutional requirements (if any) to a 12-person jury and/or a unanimous one.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was just a guest on the Dumb All Over Podcast, episode 70.  Go check it out!

Show Notes & Links

  1. If you liked Chris and want to hear more, you can check out his excellent sportsball podcast, Titletown Sound Off, or you can check out his  previous appearances on the show:  Episode 6 (on the NFL), Episode 32 (on Phil Ivey’s gambling), and Episode 68 (on Aaron Hernandez).
  2. Also, our guest Chris Kluwe predicted something like this back in Episode 115.
  3. Click here to read the Supreme Court’s opinion in Epic Systems Corp. v. Lewis.  If you want to check out the data cited in Ginsburg’s dissent; that’s here.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



Direct Download

OA155: Corporations Are People, My Friend… (and More Stormy)

Today’s episode tackles a popular article in The Atlantic which implies that, but for the machinations of one dude in the 1880s, corporations might not be “people,” today.  Is it true?  Listen and find out!

First, though, we continue to examine the legal genius of Stormy Daniels by answering some of the most common questions raised in response to our episode.  This begins (sadly) with a brief “Andrew Was Wrong” clarification about the operative campaign disclosure requirements as well as an analysis of the arbitration order that came to light just after we went to press with Episode 154, and more!

In the main segment, Andrew takes a trip through the history of corporate personhood.  After that, we answer a delightful question about hearsay from listener Dr. Jeff Otjen.

Finally, we end with the answer to Thomas (and David) Take the Bar Exam Question #66 about murderous political candidates appearing on an “Iron Chef” knockoff… look, you’ll just have to listen for yourself.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  Have us on your show!

Show Notes & Links

  1. We first discussed the Stormy Daniels lawsuit (and linked her complaint) back in Episode 154.  Since then, Susan Simpson has done some pretty top-notch investigative work as to where the Trump campaign may have hid the payoff to Stormy.
  2. The case referred to in the “A” segment is Amendariz v. Foundation Health, 6 P.3d 669 (Cal. 2000).
  3. Our main segment discusses Adam Winker’s article in The Atlantic, focusing on Santa Clara County v. Southern Pacific R.R. Co., 118 U.S. 394 (1886).
  4. Finally, the answer to Dr. Jeff’s question references two different provisions of the Federal Rules of Evidence:  Rule 801 (defining hearsay) and Rule 803 (listing the exceptions).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



Direct Download