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OA58: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump - Part 2 (Patreon)

Published:
2017-04-05 19:31:13
Imported:
2022-10

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Today's episode is part two of a two-part series in which Thomas and Andrew walk through the short-lived history of the USFL, an alternative football league that ran into the bulldozer that is Donald J. Trump.  Along the way, we learn about jury nullification, antitrust law, and get some insight into Trump's legal strategies that just might have some relevance today....

First, though, "Breakin' Down the Law" defines "antitrust" in order to get you prepared to tackle the rest of our main story.  Afterwards, we answer a question from listener Eric Johnston, who wants to know what exactly "laches" and "estoppel" are.

Finally, we end with a brand new Thomas Takes the Bar Exam question #18 that asks about the Constitutionality of an oppressive new law restricting clothing.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)!

Recent Appearances:

Andrew just recorded a delightful and moderate discussion of the law of God's Not Dead 2 with the hosts of the "Is This Reel Life?" podcast.

Show Notes & Links

  1. This is the AmLaw article Andrew mentions in which lawyers second-guessed Donald Trump's choice of litigation tactics way back in 2009.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

And email us at openarguments@gmail.com

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Comments

Anonymous

The verb to estop comes from the Anglo-Norman (the dialect of French spoken in England following the Norman Conquest) estopper. It’s one of those Norman-French words that made its way into English legal parlance when the Normans were running things. The OED has a citation from 1292 of the word being used in Anglo-Norman in reference to English laws. There’s no OED citation of estop being used in English in a legal context until around 1530, but that may be due to lack of digitization of legal documents from the period. The noun estoppel also dates to 1530, from the Old French estoupail, meaning a bung or cork. The verb to stop, on the other hand, has a Germanic root and likely dates to an Old English (i.e., pre-Norman Conquest) verb *stoppian. (This verb isn’t found in any extant Old English texts, but is presumed to have existed because it’s in other Germanic languages of that time and because of the verb forstoppian, which appears once in a medical text referring to stopping up one's ear with wool that has been soaked in the sap from an ash tree in order to cure an earache.) Both estop and stop ultimately come from the Latin stuppa, meaning tow or flax, used to create plugs and stoppers. Sources: Oxford English Dictionary, second edition, 1989, s. v. estop, v. and estoppel, n.; Dictionary of Old English: A to H, 2016, s. v. forstoppian.

Anonymous
>>4582696

Incidentally in the UK Parliament, when the Queen gives Royal Assent to a bill (equivalent to the President signing an act into law) she does so in Norman French. "La Reyne le veult"... the Queen wills it.

Anonymous

I'm going with Thomas on this Bar Exam answer.