Tag: baseball

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Transcript of OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Listen to the episode and read the show notes

Topics of Discussion:

Thomas:         Hey listeners, I’ve got a really exciting announcement!  Opening Arguments is now on YouTube.  We’ve made our first video on the Opening Arguments YouTube channel and it was a lot of fun.  The idea just really quickly is to try to use some humor and maybe potentially some viral aspects to try to gain some attention, to draw people to the show, maybe reach a new audience because I for one firmly believe that Andrew is just teaching us so much here and I wanna spread the word, I wanna get more people engaged so the way we’re trying to do that is to branch out, reach some people on YouTube. 

We would love your help to share the video if you enjoy it and get more people.  Subscribe to the channel, anything that kind of boosts the YouTube channel.  The link will be in the show notes, I hope you like the video.  If you’d like to just go to the channel it’s youtube.com/c/openingarguments.  Either way, thank you so much, I hope you check it out and I hope you like it, and now on with the show!

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OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Make sure to check out our YouTube video and subscribe to the channel! https://www.youtube.com/watch?v=Jh69ZSnZzc4&t=1s

Today’s EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that’s the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin… does that mean that the ERA is now part of the Constitution? Listen and find out!

We begin by diving right in to the ERA, starting with a lengthy deep dive into the history of the Amendment dating back to the early 1970s… which might make you nostalgic for the Republicans of old.

Then, we talk about the complicated issues underlying the passage of the ERA, including the strange case of the 27th Amendment which lay dormant for two centuries before getting ratified by 3/4ths of the states in 1992. And if the 27th Amendment can lay dormant for more than 200 years, why can’t the ERA? Well… we’ll tell you some of the reasons why (and why not).

After that, it’s time to break down the Houston Astros cheating scandal, where we talk about our listeners’ favorite topic: baseball law! Even if you’re not a fan of baseball, we think you’ll enjoy our breakdown.

And after all that, it’s time for the answer to #T3BE 165 involving jury instructions. Can Thomas keep his winning streak going?? There’s only one way to find out!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. To catch up: We discussed Amendment 27 way back in Episode 11, and the Munsingwear doctrine in Episode 181.
  2. The Supreme Court last weighed in on the Equal Rights Amendment in 1982. The two cases we discuss in context are Dillon v. Gloss, 256 U.S. 368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
  3. Baseball law references: Check out the story in the Athletic quoting Mike Fiers that started it all; this CBS article on how Tyler Glasnow “was tipping his pitches”; the results of the MLB investigation; and the MLB Constitution.

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

-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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OA269: Julian Assange Arrested

Today’s episode breaks down the recent arrest of Julian Assange in England and what it means for Chelsea Manning (and Donald Trump!)

We begin, however, with two separate sports-related stories: the improbable success of Marcus Rademacher in the Opening Arguments March Madness pool, and the (far sadder) saga of the Trump Administration’s indefensible decision to overrule the MLB’s deal with Cuba that would have brought an end to the dangerous human trafficking of ballplayers.

After that, it’s time for our deep dive into the sealed Julian Assange indictment and his arrest in England. We also discuss at great length exactly why Chelsea Manning is apparently being held in solitary confinement in prison — even though her crime was commuted by President Obama — and whether this indictment is relevant to the Mueller investigation. Oh, and Thomas gives you something to look out for!

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #122 involving hearsay and a search for public records. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

1. Marcus Rademacher’s winning entry is linked here.
2. If you want football-themed Opening Arguments, check out Episode 57 and Episode 58, which tell the tale of Donald Trump singlehandedly destroyed the USFL. 
3. Trump reportedly wanted to buy the Cubs in 2006.
4. We covered the MLB-Cuba deal in OA 237.
5. The Assange Indictment.
6. 18 U.S.C. § 1030 (computer fraud)
7. Chelsea Manning’s 4th Circuit brief can be found here.
8. And the Government’s response written by G. Zachary Terwilliger, who we covered in OA 212.

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!

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

And email us at openarguments@gmail.com




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OA164: As American As Baseball, Hush Money, and… Segregated Schools?

In this rapid-response episode, Thomas and Andrew take a look at the FBI’s search of the offices of Michael Cohen, Donald Trump’s personal lawyer and alleged “fixer.”

First, we begin with a discussion of a curious legal move by the Miami Marlins, alleging that they are, in fact, a … citizen of the British Virgin Islands??

In the main segment, we find out that Andrew Was Right when he declared Stormy Daniels “A Legal Genius.”  How right?  Listen and find out!

Next, we take a return trip to Yodel Mountain, where we discuss Paul Ryan’s impending retirement, Wendy Vitter’s comically bad confirmation hearing, and more!

Finally, we end with an all-new TTTBE #71 about constitutional law that is the toughest question we’ve asked to date.  If you’ve ever thought about playing along, now’s the time; just retweet our episode on Twitter or share it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. This is Alphr’s list of the “15 Best Podcasts of 2018” — and wow, we’re in some good company!
  2. If you love procedural questions (and you hate Derek Jeter), you’ll want to read the Marlins Notice of Removal as well as Miami’s Opposition.  Oh, and this is the relevant legal provision, 9 U.S.C. § 202.
  3. This is the U.S. Attorneys’ Manual; § 9-13.420 governs searching law firm offices.
  4. Here’s the report on Paul Ryan’s fundraising from Politico, announced two days before he decided to retire.
  5. Finally, here’s a link to the video of Wendy Vitter refusing to answer whether she supports Brown v. Board of Education.

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

 

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OA159: What Was So Bad About Watergate? Part 1: The Saturday Night Massacre

Today’s episode takes our time machine back to 1972, as Richard Nixon’s Committee to Re-Elect the President (“CREEP”) planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation’s history when a President has resigned in disgrace.  Exactly what happened?  In this episode, we talk about the “Saturday Night Massacre,” and what it means today.

First, though, we examine the unintended consequences of the Republican tax bill crammed through the Senate in the waning moments of 2017.  Might the bill actually prevent the major sports franchises, such as Major League Baseball, from trading players??  Listen and find out!

After the main segment, Andrew tackles a listener question regarding the “Guarantee Clause” of the Constitution.  What is it, and why should you care?  Listen and find out!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #67 about breach of contract.  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. The provision of the tax code discussed in the “A” segment is 26 U.S.C. § 1031, and you can click here to read about the previous IRS opinions regarding major sports franchises and like-kind exchanges.  You can also check out the New York Times article that first revealed this uncertainty.
  2. The primary cases we discussed regarding Watergate were Nixon v. Sirica, 487 F.2d 700 (D.C. Cir. 1973) and United States v. Nixon, 418 U.S. 683 (1974).
  3. The two cases analyzed in the “C” segment were Luther v. Borden, 48 U.S. 1 (1849) and dicta from New York v. United States, 505 U.S. 144 (1992).

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

 

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