Month: December 2019

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Opening Arguments - OA343: The End of the ACA? (Also: Some Stuff About Impeachment)

Today's episode takes a deep dive into the recent 5th Circuit ruling you may have heard about that... is supposed to have declared the ACA unconstitutional? How can that possibly be the case? We break it all down for you. Oh, and yeah, we also talk about the fact that the third president in American history has been impeached.

We begin, however, with an Andrew Was Wrong segment about the procedural history underlying the Syed appeal.

Then, it's time to break down the 5th Circuit's ACA opinion. How is it possible? How is the case ripe? Wasn't all of this decided in 2012 in the NFIB v. Sebelius case? We explain everything you need to know -- and what you need to know about the future -- in this main segment.

Then, it's time to tackle some impeachment questions like, "what the hell is going on?" and "is it true that the President can't be pardoned for crimes over which he's been impeached?" (No.) You definitely won't want to miss this one.

After all that, it's time for a brand new #T3BE involving jury instructions during a criminal trial. Can Thomas build on his amazing 1-question winning streak? There's only one way to know for sure!

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. We tackled the Syed case for the very last time in Episode 340.
  2. You can read the 5th Circuit's ACA opinion here.
  3. Finally, on impeachment, don't forget to check out (a) Episode 90 where we explain that Trump can probably pardon himself, and also (b) Laurence Tribe's article that changed how the House handles impeachment.
  4. Oh, man, and if you missed last episode's humor, check out “Larry ‘Bud’ Melman” advertising “Mr. Larry’s Toast on a Stick” from the old Late Night With David Letterman show.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-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 openarguments@gmail.com!

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The Gist - The Democrats Hardly Knew Jeff Van Drew

On The Gist, impartial jurors for impeachment.

In the interview, Pat Garofalo, managing editor of TalkPoverty.org is here to discuss his new book The Billionaire Boondoggle: How Our Politicians Let Corporations and Bigwigs Steal Our Money and Jobs. He and Mike the actual economic impact of things like the Super Bowl, and why cities might want to reconsider offering so many subsidies to companies.

In the spiel, Jeff Van Drew.

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Science In Action - Understanding the Anak Krakatau eruption

We have the latest from a year long investigation into the causes of the December 2018 Indonesian Tsunami. And we get a look at the first pictures from the Mayotte undersea volcano, which emerged earlier this year off the coast of East Africa.

(Anak Krakatau volcano. Credit: AFP/Getty Images)

Presenter: Roland Pease Producer: Julian Siddle

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CoinDesk Podcast Network - BREAKDOWN: Should the Government Have a Say in Where Can Invest?

Accredited investor laws block most of the US out of technology and other types of early stage risk investing, but as the ICO boom showed, not being allowed to do something doesn’t mean that people don’t want to do it.

The SEC announced prospective changes to those laws that could expand accredited status. In the world of DeFi, a number of different projects including Synthetix (with an assist from Chainlink) and Kyber are looking to more fully decentralized heading into 2020.

And finally a quick review of the CoinDesk 2019 most influential list, including why Hodlonaut is the best selection.


Topics Discussed

The SEC has announced a set of potential modifications to contentious accredited investor rules. https://www.coindesk.com/sec-proposal-would-broaden-accredited-investor-definition

Kyber and Synthetix look to move certain governance functions to DAOs and Synthetix teams up with Chainlink for decentralized price oracles. https://thedefiant.substack.com/p/defi-heavy-weights-synthetix-and

CoinDesk has published its annual most influential list. https://www.coindesk.com/presenting-coindesks-most-influential-2019

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The Intelligence from The Economist - Exclusionary rule: India’s citizenship law

The Hindu nationalist government’s latest move pointedly excludes Muslims from immigration reform. Protesters reckon that is an attack on the country’s cherished secularism. Tuberculosis is still among the world’s biggest killers; we look at emerging new tools to fight an old disease. And a deep dive on the sex lives of eels. For full access to print, digital and audio editions of The Economist, subscribe here www.economist.com/radiooffer
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Bay Curious - Rising Seas and Sinking Land: The Precarious Future of Treasure Island

This is the second part of our series on Treasure Island.

Listener Gary Pilgrim was taking a drive across the Bay Bridge with his new wife when they decided to stop at Treasure Island. After taking in the sweeping views, he wondered how this manmade island came to be in the first place, and what it's future holds. We're answering Gary's questions in a two-part series exploring the island's past and future. This week: What are the plans for Treasure Island? And does climate change threaten them?

Additional Reading:

Part I: How Treasure Island Got Made — and Why

Part II: Rising Seas and Sinking Land: The Precarious Future of Treasure Island

Reported by Kevin Stark. Edited by Kat Snow. Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Katie McMurran and Rob Speight. Additional support from Julie Caine, Paul Lancour, Kyana Moghadam, Suzie Racho, Ethan Lindsey and Patricia Yollin.

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The Best One Yet - Ikea’s tech pivot — FedEx’s ‘horrific’ profits — Flavors & Fragrances plant-based merger

Ikea’s always been focused on furniture, now it aims to democratize smart furniture (but it needs help). FedEx plummeted 10% because it’s losing its profit puppy. And International Flavors & Fragrances makes the scents and tastes you’re touching and tasting daily, but shares fell 9% because its latest merger is all about 1 single bet. Learn more about your ad choices. Visit podcastchoices.com/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.