Opening Arguments - OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)

Today's episode takes a deep dive into two important Supreme Court opinions decided last week:  McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a capital murder trial, and  Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act (PASPA), 28 U.S. Code § 3701 et seq.  In both cases, we hope to show that these cases have two legitimate sides. We begin, of course, with sportsball.  What is PASPA, why did the Court strike it down, does it make sense, and most importantly:  when can you bet against the San Jose Sharks? In the main segment, we break down the difficult questions surrounding the representation of capital murder defendants. After that, we head back overseas with a really insightful listener comment that takes us deeper into the law of treaties. Finally, we end with the answer to Thomas Takes the Bar Exam Question #76 about present recollection refreshed.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links
  1.  The first case we break down is  Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act, 28 U.S. Code § 3701 et seq.
  2. After that, we turn to McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a capital murder trial, distinguishing the Court's earlier decision in Florida v. Nixon, 543 U.S. 175 (2004).
  3. We discussed treaty obligations in Episode 173.
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Ologies with Alie Ward - Lepidopterology (BUTTERFLIES) with Phil Torres

Butterflies are gross. Yes they are delightful and beautiful and part of any idyllic picnic-scape but lepidopterologist, TV host and jungle explorer Phil Torres is here to gossip about how shamelessly disgusting our favorite bugs actually are. Learn their secrets, their mating habits, how they turn themselves into goo and then into another creature, what moth os the most goth, what flowers to plant to attract them, the scariest thing about the jungle and what it feels like to help discover new species. Also butterflies get sloppy drunk and we talk all about it.

Phil-Torres.com

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Sound editing by Steven Ray Morris

Theme song by Nick Thorburn

The Gist - Two-Party Problems

On The Gist, Hawaii’s “laze” is some seriously bad branding.

In the interview, our two-party system may seem inevitable, but political scientist Sam Rosenfeld digs into its engineered history, including the 1950 government report that pushed the country “Toward a More Responsible Two-Party System.” Before then, what you thought about health care, guns, or abortion had little to do with where your vote went. Rosenfeld is the author of The Polarizers: Postwar Architects of Our Partisan Era.

In the Spiel, the latest school shooter didn’t raise any red flags or wield an AR-15. But gun control is still what we need. 

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The Allusionist - 78. Oot in the Open

You are born and raised in a household speaking a language. Then you start going to school, and that language is banned. If you speak it, you’ll be punished physically or psychologically. Across your country, there are people like you who associate their first language with shame, or not even being a language at all. This is the predicament of the Scots language.

Find out more about this episode at http://theallusionist.org/scots.

I have several events coming up – in the next few weeks, the live Allusionist stage spectacular is hitting Australia and New Zealand. Check the listings at http://theallusionist.org/events

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Start the Week - Dark Satanic Mills

Giant factories are at the centre of Joshua Freeman's history of mass production. From the textile mills in England that powered the Industrial Revolution to the car plants of 20th century America and today's colossal sweat shops in Asia, Freeman tells Amol Rajan how factories have reflected both the hopes and fears of social change.

The poems in Jane Commane's collection, Assembly Line, are set in a Midlands where ghosts haunt the deserted factory floor and the landscape is littered with 'heartsick towns'.

The architecture critic Rowan Moore looks at the changing landscape of work in the 21st century, from huge impersonal distribution centres to the pleasure palaces of tech giants.

The economist Mariana Mazzucato is calling for a reform of capitalism, to replace taking with making. She argues that the global economy has become a parasitic system in which value-extraction is more highly rewarded than value-creation.

Producer: Katy Hickman.

Start the Week - Dark Satanic Mills

Giant factories are at the centre of Joshua Freeman's history of mass production. From the textile mills in England that powered the Industrial Revolution to the car plants of 20th century America and today's colossal sweat shops in Asia, Freeman tells Amol Rajan how factories have reflected both the hopes and fears of social change.

The poems in Jane Commane's collection, Assembly Line, are set in a Midlands where ghosts haunt the deserted factory floor and the landscape is littered with 'heartsick towns'.

The architecture critic Rowan Moore looks at the changing landscape of work in the 21st century, from huge impersonal distribution centres to the pleasure palaces of tech giants.

The economist Mariana Mazzucato is calling for a reform of capitalism, to replace taking with making. She argues that the global economy has become a parasitic system in which value-extraction is more highly rewarded than value-creation.

Producer: Katy Hickman.