Opening Arguments - OA57: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump – Part 1

Today's episode is part one 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 "jury nullification" in order to get you prepared to tackle our main story.  Afterwards, we answer a question from listener Collin Boots, who wants to know why Andrew was so dismissive of term limits back in Episode 54. Finally, we end with the answer to Thomas Takes the Bar Exam Question #17 about selling a lemon of a used car in "as is" condition. 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.
  2. And here is a link to U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), in which the Court struck down state efforts to limit Congressional and Senate terms.
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The Gist - Where Is the Republican Resistance?

Trump was the chaos candidate, but he’s finding little success as the chaos president. He’s turned off Democrats and the Freedom Caucus, failed to pass a new health care law, and faced blockades in the courts against his travel ban. We call up veteran GOP strategist Mike Murphy to discuss the impossible spot the White House is in, and why Democrats shouldn’t blockade Neil Gorsuch. Murphy’s podcast is Radio Free GOP.

In the Spiel, checkin’ in with the Trump base.

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Social Science Bites - Scott Atran on Sacred Values

How lightly, or how tightly, do you hold your values? Are there things you hold dear, which almost automatically excite your emotions, for which you would make the costliest of sacrifices?

These are the sorts of questions Scott Atran discusses in this Social Science Bites podcast. Atran is a “classically trained” anthropologist (he was once an assistant to Margaret Mead) and is the research director in anthropology at France’s National Center for Scientific Research, a research professor of public policy and psychology at the University of Michigan, and a founding fellow of the Centre for Resolution of Intractable Conflict at the University of Oxford’s Harris Manchester College. He is also director of research and co-founder of Artis Research & Risk Modeling, Artis International, and Artis LookingGlass.

As those associations suggests, much of his research sits at the intersection of violent acts and cognitive science, and much of his fieldwork takes place on the front lines of conflict. His findings are often acknowledged as true by policymakers – even as he ruefully tells interviewer David Edmonds, they generally then refuse to recognize the sincerity with which the other side holds its values.

And yet these spiritual values often trump physical ones. And from a policy perspective, say the attempting defeat ISIS in the Middle East, it helps to understand that a devoted actor will often outperform a rational actor when the going gets tough. This helps explain the initial successes of ISIS, and the ability of Kurdish forces to battle back against ISIS. Or even of the American colonies to defeat the British empire.

Atran explains that while there are no theories, at present, about sacred values, but there are features that he has been able to test for reliability.

For example, Atran suggests that something so valued is immune to trading, discounting or negotiating, and that offering to buy your way around someone’s sacred values can result in anger or violence.

He asked refugees in Lebanon and Jordan what was the chance they would go back to Israel if they had the right of return. Six percent – one out of 16 – said they would ‘consider it.’ But then they were asked if they would give up this sacred value, the implication being that if they weren’t going to exercise it why bother keeping it. Yet 80 percent answered no. Then the researchers asked if the respondents would support the 1967 boundaries of Israel, and accept a cash payment, in exchange for permanently ceding their right of return.

“Not only did they refuse,” Atran notes, “but it went to ceiling. We tested for support of suicide bombing, skin responses for emotion and moral outrage, it went through the roof.” But this allegiance to the intangible works two ways – Atran found that when a questioner acknowledged a refugee’s right of return, support for the peace process – even without any other sweetener – increased.

African Tech Roundup - Jacques de Vos of Mezzanine Ware on harnessing IoT to improve business efficiencies

Jacques de Vos is the MD of the Vodacom IoT subsidiary, Mezzanine Ware. Mezzanine deploys mobile (GSM) enabled solutions and helps clients (primarily within the healthcare, agriculture and education services) develop innovative business models that harness IoT technologies to achieve cost efficiencies and improved accessibility.

Start the Week - Dissecting Death

On Start the Week Tom Sutcliffe delves into the world of transhumanism, a movement whose aim is to use technology to transform the human condition. The writer Mark O'Connell has explored this world of cyborgs, utopians and the futurists looking to live forever. Raymond Tallis seeks to wrest the mysteries of time away from the scientists in his reflections on the nature of transience and mortality. Laura Tunbridge listens to the late works of Beethoven, Schumann and Mahler to ask whether intimations of mortality shape these pieces, while the mortician Carla Valentine uncovers what the dead reveal about their past life. Producer: Katy Hickman.

Start the Week - Dissecting Death

On Start the Week Tom Sutcliffe delves into the world of transhumanism, a movement whose aim is to use technology to transform the human condition. The writer Mark O'Connell has explored this world of cyborgs, utopians and the futurists looking to live forever. Raymond Tallis seeks to wrest the mysteries of time away from the scientists in his reflections on the nature of transience and mortality. Laura Tunbridge listens to the late works of Beethoven, Schumann and Mahler to ask whether intimations of mortality shape these pieces, while the mortician Carla Valentine uncovers what the dead reveal about their past life. Producer: Katy Hickman.

PHPUgly - 55:Sex, Lies, and Coding

Recorded March 31st, 2017

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