sportsball – Opening Arguments

May 21, 2018May 21, 2018

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

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.
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).
We discussed treaty obligations in Episode 173.

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April 12, 2018April 13, 2018

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

This is Alphr’s list of the “15 Best Podcasts of 2018” — and wow, we’re in some good company!
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.
This is the U.S. Attorneys’ Manual; § 9-13.420 governs searching law firm offices.
Here’s the report on Paul Ryan’s fundraising from Politico, announced two days before he decided to retire.
Finally, here’s a link to the video of Wendy Vitter refusing to answer whether she supports Brown v. Board of Education.

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Don’t forget the OA Facebook Community!

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March 26, 2018March 26, 2018

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

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.
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).
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).

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And email us at openarguments@gmail.com

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