Tag Archives: NFL

OA178: Trump and the NFL

Join us for yet another Rapid Response Friday, in which we continue to evaluate claims on the left challenging the legality of the NFL’s policy regarding the national anthem, as well as discuss two items that are also of interest to Donald Trump.

We begin with a listener question we didn’t get to during our Q&A regarding the similarities and differences between the John Edwards affair and the Stormy Daniels affair.  Is this the kind of thing that should give Trump comfort?  (Hint:  no.)  Oh, and you might also learn something about an “Allen charge” if you follow us all the way down all our rabbit trails!

After that, we break down the “state action doctrine” while considering some liberal arguments making the rounds ostensibly challenging the legality or constitutionality of the NFL’s new rules.  Andrew still isn’t buying it!

Then, we trek back to Yodel Mountain to discuss the recent developments in Michael Cohen’s case in the Southern District of New York.  Was Andrew… wrong?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding.  It’s more interesting than it sounds, we promise!  If you’d like to play along , 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. In the pre-show, we (don’t) discuss, among other things, the Trump administration’s breaking decisions on steel tariffs; for analysis, we refer you to our coverage of this issue back in Episode 162.
  2. This is the text of the 6-count John Edwards indictment, and we also quoted from the coverage of the acquittal by ABC News.
  3. We covered the “Paid Patriotism in the NFL” report in Episode 108; you can also read that report directly by clicking here.  Oh, and this is the Mike Florio PFT article, if you want to read more about how the NFL is in Jerry Jones’s pocket.
  4. If you like semi-old-timey Supreme Court decisions, you should definitely read Marsh v. Alabama, 326 U.S. 501 (1946) about First Amendment rights in a company town.  Once you’ve gotten through that, you can tackle Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) on the entanglement doctrine.
  5. This is the Ben Sachs Vox article we discussed.
  6. Your guide to Yodel Mountain includes this awesome NYT flowchart as well as this solid narrative article in Politico.
  7. Finally, this is the full text of Avenatti’s withdrawal of his pro hac vice motion.

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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



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