OA 113: Our Cruel & Unusual Podcast Heads to International Waters

Opening Arguments

Today's episode is entirely Trump-free, and features a deep dive into the Cruel and Unusual Punishment Clause of the 8th Amendment. We begin, however, with a great listener question from Captain Patrick Dobbins, who wants to know the ins and outs of "international waters." Ask, and ye shall receive! After that, the guys break down the history of the 8th Amendment's prohibition on "cruel and unusual punishment" -- what does it mean, what kinds of punishments are prohibited, and when did it begin to apply to state prisons? You WILL be surprised. Then, we tackle with another listener question from Patron Cody Bond, who wants to know more about price discrimination, cake baking, and "Ladies' Night." Finally, we end with the answer to Thomas (& Andrew) Take the Bar Exam Question #45 regarding licenses for massage parlors. Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None! Have us on your show! Show Notes & Links

1. We first discussed the thorny nature of what constitutes property way back in Episode 22, "Libertarianism is Bad and You Should Feel Bad."
2. If you'd like to read the U.N. "Law of the Sea" Treaty, get ready to settle in for a lengthy read!
3. The two death penalty cases wediscuss are Furman v. Georgia, 408 U.S. 238 (1972) and Gregg v. Georgia, 428 U.S. 153 (1976).
4. The Huffington Post records Antonin Scalia's 2008 interview with Nina Totenberg approving of putting people in the stocks.
5. The case we discuss in the "C" segment outlawing "Ladies' Night" in California is Koire v. Metro Car Wash, 707 P.2d 195 (Cal. 1985).

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