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OA177: Neil Gorsuch's Epic Decision & the NFL (feat. Chris Kristofco) (Patreon)

Published:
2018-05-29 04:15:41
Imported:
2022-10

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Content

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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Comments

Anonymous

For all you sportsball people, how is the NFL supposed to decide what patriotism is when they can't agree on what a catch is? 🏈

Anonymous

A few years ago I was in NYC and happened to attend a Festival of Japan and Japanese Culture in Central Park. As part of the festival there was a 4-mile run, which I joined. At the start they wheeled out a supposedly famous Japanese crooner to sing the national anthem. Great, I though... a bit of the old <i>kimi ga yo</i> to send us to sleep before running (the Japanese anthem has only five lines but still takes nearly an hour because they sing it <strong>so</strong> slowly). Imagine my surprise when she broke into "oh say can you see"! So yeah, you Americans are really fucking weird about your anthem.