Tag Archives: corporations

OA235: Corporations Are People, My Friend… Criminal People

Today’s Rapid Response episode takes a look at three breaking stories related to the White House:  (1) the recent ruling requiring Stormy Daniels to pay Trump’s attorneys’ fees; (2) the sentencing of Trump’s former lawyer, Michael Cohen; and (3) most importantly, the plea deal signed by American Media, Inc. — parent company to the National Enquirer — to cooperate with the Special Counsel’s Office.

We begin by revisiting the question of whether, in fact, Stormy Daniels is still a legal genius.  (Hint:  she is.)  But what does it mean that a court just ordered her to pay Trump nearly $300,000 — and why could it have been much, much worse?  Listen and find out.

After that, we check out Trump’s ex-“fixer” and the former Taxi King of New York, Michael Cohen, who was just sentenced to three years in prison.

Then it’s time for a fascinating look into a non-prosecution agreement reached between the Special Counsel’s Office and American Media, Inc. that tell us an awful lot about where Yodel Mountain is headed.

Finally, we end with an all new Thomas Takes The Bar Exam #105 on modifications to a contract.  As always, if you’d like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

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. Here’s the merits ruling defamation we referenced during the show; you can also check out Trump’s motion for attorneys’ fees, Avenatti’s (rather weak) opposition brief, and the court’s ruling directing Stormy to pay almost $300,000.
  2. And because it never ends, check out the mediation questionnaire filled out by Avenatti for their appeal to the 9th Circuit.
  3. You know you want to read the press release regarding Michael Cohen’s sentence; after that, you can check out the sentencing memoranda filed by the SCO’s office (“good cop”) as well as the brief filed by the SDNY (“bad cop”).
  4. Finally, this is the AMI agreeement as well as the DOJ guidelines on prosecuting corporations.
  5. Oh, and just for fun, here’s Jose Canseco’s audition to be Trump’s Chief of Staff.  #YesWeCanseco

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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

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Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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