Tag Archives: Iran

OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)

Today’s episode takes a deep dive into two important Supreme Court opinions decided last week:  McCoy v. Louisiana, which prohibits attorneys from conceding their client’s guilt over that client’s objections in a capital murder trial, and  Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act (PASPA), 28 U.S. Code § 3701 et seq.  In both cases, we hope to show that these cases have two legitimate sides.

We begin, of course, with sportsball.  What is PASPA, why did the Court strike it down, does it make sense, and most importantly:  when can you bet against the San Jose Sharks?

In the main segment, we break down the difficult questions surrounding the representation of capital murder defendants.

After that, we head back overseas with a really insightful listener comment that takes us deeper into the law of treaties.

Finally, we end with the answer to Thomas Takes the Bar Exam Question #76 about present recollection refreshed.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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.  The first case we break down is  Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act, 28 U.S. Code § 3701 et seq.
  2. After that, we turn to McCoy v. Louisiana, which prohibits attorneys from conceding their client’s guilt over that client’s objections in a capital murder trial, distinguishing the Court’s earlier decision in Florida v. Nixon, 543 U.S. 175 (2004).
  3. We discussed treaty obligations in Episode 173.

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OA173: The Foreign Policy Show – Korea, Iran, and… Ann Coulter?

Today’s episode heads overseas to discuss foreign policy; specifically, the Trump administration’s actions with respect to Iran and North and South Korea.  Is there a common thread here?  Listen and find out!

First, though, we update you on the Young America Foundation lawsuit against the University of California at Berkeley regarding Ann Coulter and an (alleged) hidden Secret Evil Cabal Conspiracy to Silence Conservatives.

After that, we crank up the time machine and go back… all the way back to World War II to discuss what happened on the Korean Peninsula that paved the way for the recent Panmunjom Declaration.  If you’ve ever wanted Opening Arguments to go all Ken Burns, well, this is the show for you!

Then, we take a look at the Joint Comprehensive Plan of Action signed in Vienna on July 14, 2015 — or, as Trump calls it, the “terrible Iran deal.”  Is it a terrible deal?  What are the legal ramifications?  We’ve got you covered!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #75 about subsequent oral modifications to contract.  Don’t forget to listen and find out why Andrew would have gotten this question wrong!  Also, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. We first discussed the “Ann Coulter” lawsuit during Episode 73; if you want to read the latest ruling, it’s embedded in this article.
  2. Click here to read the Howard Levie law review article from the Akron Law Review, and here to read the final Armistice Agreement (drafted by Levie).
  3. This is the text of the original JCPOA; and click here to read the CFR’s backgrounder on it that was referenced during the show.
  4. If you want the Washington Post‘s fact-checker article on Trump’s statements about the JCPOA showing that virtually everything he’s said is a lie, that’s here.
  5. This is the link that contains the letter written by the Obama Administration to then-Rep. Mike Pompeo describing the JCPOA as a “political document.”
  6. Finally, if you want to read the 1969 Vienna Convention, grab a tall beverage and curl up with it right here.  The actual treaty begins on page 384.

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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