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

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.3 • 3.7K Ratings

🗓️ 29 May 2018

⏱️ 77 minutes

🔗️ Recording | iTunes | RSS

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Summary

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

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).
Also, our guest Chris Kluwe predicted something like this back in Episode 115.
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

Transcript

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0:00.0	He thought I was going to read me my rights.
0:04.3	If the right to have your face kicked him by me,
0:06.3	you have the right to have your balls stomp by him.
0:08.4	I'll wait where I'm at.
0:18.6	They're pretty simple.
0:19.8	The forms are all standard, boilerplate.
0:21.8	OK, well, we're all hungry.
0:23.0	We're going to get to our hot plate soon enough.
0:24.5	All right, let's talk about the contract here.
0:26.7	Sorry.
0:31.0	You'd be surprised how many doors a letter from a lawyer
0:34.2	can open or close.
0:36.1	It seems like you're talking slower
0:37.7	since you started charging by the hour.
0:44.6	What's the meaning of this?
0:45.4	This is my quiet time.
0:46.4	We're going to have to take you into custody.
0:48.4	That's outrageous.
0:49.2	What am I charged with?
0:50.0	Don't have to tell you anymore.
0:51.3	Clearly haven't been reading your Scalia.
0:55.0	Welcome to Opening Arguments, a podcast that
	...

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