OA709: The Law of "March Madness!"
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 17 March 2023
⏱️ 45 minutes
🧾️ Download transcript
Summary
Today, Liz and Andrew take a break from the world of politics (except for Patrons) to bring you the history and law surrounding "March Madness," including whether it was legal to fill out your bracket and how the NCAA approaches its trademarks. Along the way, we'll learn how the current right-wing Supreme Court is going to use a gambling decision to further its activist agenda. If you like basketball -- and even if you don't! -- you won't want to miss it!
The Patreon bonus is all about Jenna Ellis and Trump's legal team, and Liz brings the funny.
Notes
NBC Sports, History of March Madness
https://www.nbcsports.com/bayarea/where-did-march-madness-name-come
NCAA Trademarks
https://www.ncaa.org/sports/2013/12/2/ncaa-trademarks.aspx
15 U.S.C. § 1125
https://www.law.cornell.edu/uscode/text/15/1125
Kizzang lawsuit
https://dlbjbjzgnk95t.cloudfront.net/0899000/899955/https-ecf-insd-uscourts-gov-doc1-07315826374.pdf
Mitchell Stabbe
https://www.broadcastlawblog.com/2023/03/articles/march-madness-and-advertising-use-of-ncaa-trademarks-2023-update-part-1/
NCAA Brackets guidelines
https://www.ncaa.com/_flysystem/public-s3/images/2021/10/12/2021-22_Use_of_NCAA_Championship_Brackets_and_Limits_on_Advertising.pdf
28 U.S.C. § 3701 et seq.
https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-178
49 U.S. Code § 41713
https://www.law.cornell.edu/uscode/text/49/41713
Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018)
https://scholar.google.com/scholar_case?case=6336903476694992840
-Support us on Patreon at: patreon.com/law
–Subscribe to the YouTube Channel and share our videos!
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-And finally, remember that you can email us at [email protected]
Transcript
Click on a timestamp to play from that location
| 0:00.0 | I'll have you know the contents of that dumpster are private. |
| 0:07.6 | You stick your nose in, you'll be violating attorney dumpster confidentiality. |
| 0:11.6 | I just want to say hello. |
| 0:13.8 | Oh, hello. |
| 0:16.8 | All right, we're done. |
| 0:20.9 | You think the language in the Second Amendment is clear enough? |
| 0:23.3 | You know about the right to bear arms? |
| 0:24.8 | Of course it's clear. |
| 0:25.8 | Every American has the right to hang a pair of bear arms on their wall. |
| 0:29.0 | How could that possibly be misconstrued? |
| 0:30.8 | All right, fantastic then. |
| 0:32.6 | Wait, you know what? |
| 0:33.6 | Before we send this to the printer, let's take that abortion thing out. |
| 0:39.5 | Oh, come on, I move for a hearing on the matter. |
| 0:41.5 | What? |
| 0:42.0 | You want me to have a special emotion on the admissibility of the word asshole? |
| 0:45.6 | Well, let me have asked them. |
| 0:47.4 | That's close enough. |
| 0:48.5 | What law school did you go to? |
| 0:49.8 | I'll agree to it with your honor. |
| 0:50.7 | You will, why? |
| 0:51.6 | I don't want any interlocutorial appeals. |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from Opening Arguments Media LLC, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of Opening Arguments Media LLC and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2025.