February 01, 2005
Despite listening to about 50-100 hours of oral arguments thus far, I continue finding new treasures on Oyez. You can listen to Alexander Bickel and Erwin Griswold clash swords for two hours in this MP3 of the arguments in NYT v. United States (the Pentagon Papers case).
The discussion is full of revelations-- Solicitor General Griswold concedes that even though this is a prior restraint case, subsequent prosecution will be both impractical and unwise; Griswold and Bickel traded briefs only a few hours before the argument; and Griswold begins by championing timed final exams as a test of good lawyering (contra Professor Bill Henderson). I do miss having Justices Scalia and Breyer in the exchange, though.
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Apparently, thanks to the graces of section 132(a)1, when an airline allows its employees to fly standby for free, this is deemed a "no-additional-cost service", and the employer "incurs no substantial additional cost (including foregone revenue) under section 132(b)(2).
If this were actually true, you would think I could call up US Airways and say, "Hey, since you guys claim on your tax returns you incur no substantial costs in letting your employees fly standby for free, you should let me fly standby on all of your flights anywhere for free as well. To make it worth your while I'll even pay you $20 a year for the privilege. What do you say?"
Somehow, I do not think they would say yes.
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