Ipse Dixit

Bearer-Friend & Polcz on Taxing AI

Sat, 11 Apr 2026 01:08:36 GMT

In this episode, Jeremy Bearer-Friend, Associate Professor of Law at George Washington University Law School, and Sarah Polcz, Acting Professor of Law at UC Davis School of Law, discuss their article "Sharing the Algorithm: The Tax Solution to Generative AI," which is published in the Columbia Journal of Tax Law. Bearer-Friend and Polcz begin by outlining some of the social problems associated with generative AI and explaining why existing proposals to address those problems are inadequate. They then propose an alternative model, consisting of an equity tax on AI companies, and explain why it would be both effective and preferable to alternative approaches. Bearer-Friend is on Twitter and Bluesky. Polcz is also on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Aman Gebru on Truthmarks

Sun, 05 Apr 2026 20:46:35 GMT

In this episode, Aman Gebru, Assistant Professor of Law at the University of Houston Law Center, discusses his draft article "Truthmarks," which will be published in the American University Law Review. Gebru begins by explaining the purpose of trademark law and how it protects trademarks. He describes three uses of trademarks that are inconsistent with the policy goals of trademark law of conveying truth information to consumers: masking marks, zombie marks, and nonsense marks. And he reflects on how trademark law could mitigate the harms associated with those uses. Gebru is on Twitter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Urice & Frankel on Art Law

Sat, 04 Apr 2026 16:06:03 GMT

In this episode, Stephen K. Urice and Simon J. Frankel discuss their book Law, Ethics, and the Visual Arts, the sixth edition of which was just published by Cambridge University Press. Urice and Frankel describe the creation of the book and the academic study of art law by John Henry Merryman, and discuss their own respective background in art law. They explain how the study and practice of art law fits into the study and practice of law more generally. And the reflect on how they expanded and amended the book for this new edition. Urice and Frankel are on LinkedIn.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Sam Williams on the Jokerfication of Law

Sat, 31 Jan 2026 06:31:31 GMT

In this episode, Sam Williams, Associate Professor of Law and Reference and Instruction Librarian at the University of Idaho College of Law discusses several of his articles, including “The Law is Weirder than AI,” which was published in 2024 with the Hofstra Law Review, and “The Jokerfication of Law,” which was published with Hedgehogs and Foxes. Williams discusses how these pieces shed light on the nature of the weird and the eerie in law and legal scholarship, and how professors should think of their roles in an increasingly chaotic world. He also shares his thoughts on weird and silly legal scholarship, the place for such scholarship in the broader legal academic literature, and inspirations for his work—including Ipse Dixit’s very own Brian Frye. Williams is on Bluesky at @sawilliams.bsky.social.

This episode was guest hosted by Michael Smith, Associate Professor of Law at the University of Oklahoma College of Law. Michael Smith is on Bluesky at @msmith750.bsky.social

Hosted on Acast. See acast.com/privacy for more information.

Christopher Brooks on Appellate Judicial Section

Sat, 31 Jan 2026 06:18:01 GMT

In this episode, Christopher T. Brooks, Professor of History at East Stroudsburg University, discusses his work on appellate judicial selection. He explains that state appellate judges are usually either elected or appointed with the advice of nominating committees. He argues that both methods are flawed, and that it would be better for judges to be appointed by elected nominating committees. Brooks is on LinkedIn.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Valentin Jeutner on Conceptual Legal Writing

Thu, 04 Dec 2025 05:59:55 GMT

In this episode, Valentin Jeutner, Associate Professor of Law at Lund University and Retained Lecturer in Law at Pembroke College, Oxford University, discusses his book "[l]ex machina: unlikely encounters of international law and technology," which is published by Lund University. Jeutner begins by introducing listeners to conceptual legal writing, describing its relationship to conceptual art and conceptual writing. He provides a preliminary taxonomy of conceptual legal writing and explains his own practice of conceptual legal writing. In particular, he reflects on how conceptual legal writing can help readers see legal texts in a new and different light. He also reads a short text composed using a conceptual legal writing method. You can read Jeutner's "Fragmentary Catalogue of Conceptual Legal Writing" here, and his book "The Aesthetic Authority of Law: Experiments with Legal Form" here. Jeutner is on Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Sharon Yadin on the Nature of Regulation

Thu, 20 Nov 2025 17:02:58 GMT

In this episode, Sharon Yadin, Senior Lecturer of Law and Regulation at the Yezreel Valley College School of Public Administration and Public Policy, discusses her draft article "The Hidden Nature of Regulation," which will be published in the Harvard Negotiation Law Review. Yadin begins by describing the conventional bifurcation of regulation into "hard" and "soft" approaches. She observes that in practice, regulation is always negotiated between regulators and regulated parties. And she explains how this alternative perspective on the nature of regulation should inflect our approach to it. Yadin is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Jorge Contreras on Silly Patents

Sun, 16 Nov 2025 17:48:16 GMT

In this episode, Jorge L. Contreras, Distinguished University Professor, James T. Jensen Endowed Professor for Transactional Law, and Director of the Program on Intellectual Property and Technology Law at the University of Utah S.J. Quinney College of Law, discusses his draft article "Silly Patents." Contreras begins by describing why patents exist and how the patent system works. He observes that some patents are unusually "silly," because it doesn't seem like they should exist. He explains why the Patent Office issues silly patents and reflects on what they can tell us about the patent system. Contreras is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Nikola Datzov on AI Judges

Tue, 04 Nov 2025 19:00:36 GMT

In this episode, Nikola Datzov, Associate Professor of Law at the University of North Dakota School of Law, discusses his article "AI Jurisprudence: Toward Automated Justice," which will be published in the Northwestern Journal of Technology and Intellectual Property. Datzov begins by briefly explaining how AI models works and why judicial systems are primed to use them in certain ways. He provides a taxonomy of how judges could use AI models. And he reflects on benefits and risks associated with the judiciary's use of AI.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Mark Blankenship on the "Aesthetic Nondiscrimination" Doctrine

Mon, 03 Nov 2025 17:15:07 GMT

In this episode, Mark Edward Blankenship, Jr., Assistant Professor of Law at St. Thomas University College of Law, discusses his article "Reconsidering the 'Aesthetic Nondiscrimination' Doctrine in American Copyright Law," which is published in the Berkeley Journal of Entertainment and Sports Law. Blankenship begins by describing the origin of copyright's so-called "aesthetic nondiscrimination" doctrine. He explains how scholars have characterized its purpose of problems. And he analyzes the doctrine in light of discrimination law.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

John Tehranian on Copyright & Inequality

Fri, 03 Oct 2025 04:11:10 GMT

In this episode, John Tehranian, Paul W. Wildman Chair and Professor of Law at Southwestern Law School and a founding partner of One LLP, discusses his new book, "The Secret Life of Copyright: Intellectual Property and Inequality in the Age of AI," which is published by Cambridge University Press. Tehranian begins by describing the critical IP theory movement and how his work fits into that movement. Then he explains how copyright doctrine creates systemic inequality in the allocation and use of copyright, through its definition of ownership, joint authorship, and derivative works, as well as the relationship between copyright and the First Amendment. Tehranian is on Twitter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Stephen Cicirelli on Philosophy, Literature, and Plagiarism

Fri, 03 Oct 2025 03:52:44 GMT

In this episode, Stephen Cicirelli, a Lecturer of English at Saint Peter’s University, discusses philosophy, literature, and plagiarism. He begins by reflecting on his studies of Kierkegaard, and how it influenced his later work as an author. He describes some of his recent fiction and how it incorporates elements from his study of philosophy. And he explains how he addresses plagiarism and AI as a creative writing instructor. Cicirelli is on Twitter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Thomas Basboll on Plagiarism

Fri, 29 Aug 2025 22:39:45 GMT

In this episode, Thomas Basboll, a resident writing consultant at the Copenhagen Business School and the author of the Inframethodology blog, discusses his work on plagiarism, among other things. Basboll begins by introducing himself. He then discusses a series of articles he wrote on a plagiarism incident in the discipline of critical management studies. He reflects on the reaction to his articles - or the lack thereof - and what it can tell us about the institutional role of academic plagiarism norms. He also discusses alternative approaches to pedagogy and plagiarism that could be more effective. Basboll is on Twitter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Bill Childs on Amusement Park Law

Tue, 19 Aug 2025 21:37:00 GMT

In this episode, Bill Childs, a partner at Bowman and Brooke LLP and an adjunct professor at Mitchell Hamline School of Law, discusses his new casebook "Recreation and Risk," which is published by Carolina Academic Press. The book provides all the material for a law school class on the law of amusement parks, which covers torts, contracts, insurance, criminal law, and more. Childs begins by explaining how he became interested in amusement parks and the legal issues surrounding them. Then he explains why the subject matter makes for such an effective law school class, with a significant practical and experiential element. Childs is on Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Courtney Cox on Super-Dicta

Sun, 17 Aug 2025 23:47:11 GMT

In this episode, Courtney Cox, Associate Professor of Law at Fordham University School of Law, discusses her new article "Super-Dicta," which is published in the University of Pennsylvania Law Review. Cox begins by explaining what she means by "super-dicta," then reflects on what the concept can tell us about the judging process and jurisprudence more generally. Here is the abstract:

A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will often decide cases for reasons that differ from the reasons in her opinions. To illustrate, suppose she thinks it’s 50/50 whether Defendant’s copying infringed or was fair use. She could rationally flip a coin. But if she does, and she finds for Defendant, it will not be because of fair use. Rather, it will be because she thought it was 50/50 whether the copying was fair use—and the coin landed tails.

Coin-flip cases are rare, but uncertainty is not. There are more sophisticated tools for responding rationally when the judge’s doubts about what she ought to do are not in complete equipoise. And so, the point remains: when a judge is uncertain about what she ought to do and is rational in pursuit of that aim, the actual reason for her decision and the ratio decidendi will diverge. And unlike much of the literature arguing we cannot take opinions at face value, the phenomenon I describe arises from anti-cynical premises: a judge who aims at what is right.

I call the judge’s actual reasoning “Super-Dicta.” Super-Dicta is so-called because it is super important: it is directly necessary to the decision—and not just causally, but as part of a judge’s rationale. But even though it is the decisive reasoning, it would appear to have the status of dicta: whether expressed, or not, Super-Dicta is not purely objective, limited to law or facts. It encompasses the judge’s subjective reasoning based on her uncertainty. That is, it is reasoning that resolves a case that is hard for the judge, not just hard.

Should Super-Dicta appear in an opinion? That normative question is probably moot, at least if understood as one of substantive jurisprudence. While a coin flip may be rational, disclosing it is not. Accordingly, a judge responding rationally to uncertainty will not disclose that in her opinion. And if she tries, the resulting legal standard would turn on an odd consideration: facts about the judge, namely, that she is uncertain and the extent of her doubts. The result: judicial opinions—at least those by mere mortals—can be transparent or objective, but not both. So-called “hard case” doctrines must be revisited in this light.

Cox is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Saurabh Vishnubhakat on the Constitutionality of the Appointment of PTAB Judges

Wed, 16 Jul 2025 19:10:04 GMT

In this episode, Saurabh Vishnubhakat, Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo School of Law, discusses his draft article "Constitutional Structure in the Patent Office." Vishnubhakat begins by explaining how the patent application or "prosecution" process works, how the Patent Office adjudication process is structures, and how Patent Office administrative law judges are appointed. He then explains why the appointment process creates a constitutional problem under the Appointment Clause, based on recent Supreme Court opinions. Finally, he explains how the problem could be solved, and why the solution might improve patent policy and the patent adjudication process. Vishnubhakat is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Richard Albert & Kevin Frazier on Using AI to Draft Constitutions

Tue, 15 Jul 2025 23:35:51 GMT

In this episode, Richard Albert, Hines H. Baker and Thelma Kelley Baker Chair in Law at the University of Texas School of Law, and Kevin Frazier, AI Innovation & Law Fellow at The University of Texas School of Law, discuss their draft article, "Should AI Write Your Constitution?" They begin by explaining how much constitution writing and amending in taking place in the world right now, and reflecting on the values that should inform the creation and amendment of constitutions. They describe their survey of international constitution writers, and how it informed their assessment of how AI can and should - and shouldn't! - be used in drafting and amending constitutions. They also provide a set of best practices for using AI in relation to constitutions. Albert is on Twitter and Bluesky. Frazier is also on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Laurie Gwen Shapiro on Amelia Earhart & Historical Research

Tue, 15 Jul 2025 17:30:07 GMT

In this episode, Laurie Gwen Shapiro, a writer and filmmaker, discusses her new book, "The Aviator and the Showman: Amelia Earhart, George Putnam, and the Marriage That Made an American Icon," which is published by Viking. Shapiro reflects on the process of researching and writing the book, and shares many fascinating stories and anecdotes about Amelia Earhart's life. She also describes her approach to historical research, and how she managed to uncover so much new information about an American icon. Shapiro is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Jacob Schriner-Briggs on First Amendment Traditionalism

Mon, 14 Jul 2025 22:19:02 GMT

In this episode, Jacob M. Schriner-Briggs, a Visiting Assistant Professor at Chicago-Kent College of Law, discusses his article "Against First Amendment Traditionalism," which will be published in the Kentucky Law Journal. Schreiner-Briggs begins by observing that the Supreme Court has recently suggested that its "history and tradition" based interpretation of the Second Amendment is also appropriate for interpreting the First Amendment. He explains why such an approach would affect the First Amendment differently from the Second Amendment, potentially increasing the government's ability to regulate politically disfavored favored speech. And he argues that this would be a normatively undesirable outcome, in relationship to pluralist democratic values. Schriner-Briggs is on Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Jade Craig on Rate Covenants in Municipal Bonds

Thu, 12 Jun 2025 06:10:18 GMT

In this episode, Jade Craig, Assistant Professor of Law at the University of Mississippi School of Law, discusses his article, "Rate Covenants in Municipal Bonds: Selling Away Civil Rights and Fair Housing Goals." Professor Craig discusses revenue bonds that state and local governments issue to fund projects ranging from improvements to public utilities and toll roads to convention centers and retirement communities. Local governments repay revenue bond investors with money generated by fees associated with the funded project which are charged to members of the public who use the service. In charging these fees, governments are often bound by rate covenant provisions that require the government to charge fees sufficient to cover the debt—with little in the way of restrictions on how high those rates may go. Absent restrictions, and in the interest of repaying investors (and generating a profit for these investors), state and local governments often charge high fees for users, resulting in regressive rates that disproportionately harm low-income people and people of color. Professor Craig urges greater attention to the harms rate covenants pose to these communities and provides suggestions for how governments may better accommodate their constituents' civil rights while continuing to fund infrastructure and other projects through revenue bonds.

Professor Craig's article was published in Volume 102 of the Denver Law Review and is available here. Professor Craig is on Twitter at @ProfJadeCraig.

This episode was guest-hosted by Michael Smith, who will be joining the University of Oklahoma as an associate professor of law beginning in August 2025. Professor Smith is on Bluesky at @msmith750.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Franklin Graves on the New Creator Economy

Tue, 27 May 2025 22:11:47 GMT

In this episode, Franklin Graves, Senior Counsel at LinkedIn, discusses his article "Upload Complete: An Introduction to Creator Economy Law," which will be published in the Belmont Law Journal. Graves begins by explaining what he means by a creator and the creator economy. He reflects on what made the creator economy possible and the kinds of opportunities it provides to creators, platforms, and advertisers alike. He discusses how different bodies of law affect the creator economy, including privacy law, competition law, and copyright. And he offers his predictions for the future of the creator economy. Graves is on Twitter, Bluesky, and of course, LinkedIn.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Michael Smith on Generative AI & the Purpose of Legal Scholarship

Mon, 26 May 2025 19:37:56 GMT

In this episode, Michael L. Smith, soon to be an Associate Professor of Law at the University of Oklahoma College of Law, discusses his article "Generative AI and the Purpose of Legal Scholarship," which will be published in the University of Massachusetts Law Review. Smith begins by describing recent law review articles claiming that the use of generative AI will transform legal scholarship. He asks whether that is true or desirable, observing that the use of generative AI may not be conducive to the production of high-quality legal scholarship. He reflects on the incentives of legal scholars and how the use of generative AI interacts with those incentives. And he offers some suggestions about how the legal academy should think about the use of generative AI to produce legal scholarship. Smith is on Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Ian Murray on Regulatory Arbitrage

Mon, 26 May 2025 16:37:33 GMT

In this episode, Ian J. Murray, a Forrester Fellow at Tulane Law School, discusses his article "The Offshore Origins of Regulatory Arbitrage: Charting a Critical Conceptual History," which will be published in the William and Mary Business Law Review. Murray begins by describing the concept of conceptual history and explaining the origin of the concepts of arbitrage and regulatory arbitrage. He reflects on how and why naming regulatory arbitrage affected the regulatory enterprise. And he discuss how it should affect the way we think about the rhetoric of regulation.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Kevin Frazier & Alan Rozenshtein on AI in Legal Scholarship

Wed, 21 May 2025 21:15:08 GMT

In this episode, Kevin Frazier, an AI Innovation and Law Fellow at UT Austin School of Law and Contributing Editor at Lawfare, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School, discuss their draft article "Large Language Scholarship: Generative AI in the Legal Academy." They begin by explaining what an AI model is, what kind of AI models they are talking about in their article, and how AI models are affecting legal scholarship. They explain how the legal academy has responded to the use of AI models, and reflect on how using AI models could enable legal scholars to produce better legal scholarship more efficiently. They also offer some pointers on effective AI use in legal scholarship. Frazier is on Twitter and Bluesky. Rozenshtein is also on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Nicholas Bruckman on "Minted"

Fri, 09 May 2025 20:06:08 GMT

In this episode, Nicholas Bruckman, a documentary filmmaker, discusses his new film "Minted," which documents the "non-fungible token" or NFT phenomenon of the early 2020s. Bruckman begins by describing his background as a documentary filmmakers, as well as how he became interested in cryptocurrencies and NFTs. He explains how he first started working on Minted and how the film developed over time. He reflects on how he constructed the story of the film and explained NFTs to a novice audience. And he speculates on the future of NFTs and digital art. Bruckman is on Twitter and Instagram.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Michael Assis on Art, Digital Art & NFTs

Thu, 17 Apr 2025 17:27:54 GMT

In this episode, Michael Assis, a PhD candidate at the Bard Graduate Center, discusses his scholarship on art, digital art, and NFTs, including his dissertation in progress, Decentralized Objects: Non-fungible Tokens in the Age of Web3. Among other things, Assis explains what NFTs are and how they relate to the history and theory of art and digital art. He discusses how the concept of authenticity has evolved over time and what NFTs can tell us about the future of authenticity. Assis is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 114: Barbara Ringer on Implementing the Copyright Law: What Librarians Should Know.

Thu, 27 Mar 2025 06:01:21 GMT

At the 1977 American Association of Law Libraries Annual Meeting, Barbara Ringer, the eighth Register of Copyrights, gave a presentation titled "Implementing the Copyright Law: What Librarians Should Know," in which she explained how the Copyright Act of 1976, of which she was the principle drafter, would affect libraries and librarians. This is a recording of her presentation.

Many thanks to Zvi S. Rosen for finding, digitizing, and providing this recording.

Hosted on Acast. See acast.com/privacy for more information.

Zvi Rosen on the History of Copyright in Computer-Generated Works

Thu, 27 Mar 2025 05:50:03 GMT

In this episode, Zvi Rosen, Assistant Professor of Law at the Southern Illinois University Simmons Law School and incoming Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses his draft article "AI Authorship: A Case of History Repeating Itself?" Rosen explains how copyright law and the Copyright Office have wrestled with concept of copyright in computer-generated works, beginning with the first computer-generated works submitted for copyright registration in the 1950s. He argues that the Copyright Office of the 1950s and 1960s provided answers to those vexing questions that are still relevant today in relation to AI-generated works. Rosen is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Jill Hasday on Women's Voices in the Women's Rights Movement

Mon, 24 Mar 2025 18:01:10 GMT

In this episode, Jill Hasday, Distinguished McKnight University Professor and Centennial Professor in Law at the University of Minnesota Law School, discusses her new book, "We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality," which is published by Oxford University Press. Hasday explains how men have historically used rhetoric to minimize the role of women in claiming rights for women and discount the need for a women's rights movement. She discusses many different historical episodes, including the fight for the 19th Amendment, inclusion of sex discrimination in Title VII of the Civil Rights Act of 1964, and the ongoing struggle to ratify the Equal Rights Amendment to show how women were systematically written out of women's history. And she explains why it's important to commemorate the role of women in order to continue the fight for equal rights. Hasday is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Rohan Grey on Digitizing the Public Fisc

Sun, 23 Mar 2025 01:39:25 GMT

In this episode, Rohan Grey, Assistant Professor of Law at Willamette University School of Law, discusses his draft article "Digitizing the Fisc." Grey begins by explain how the Trump administration and Elon Musk have seized unilateral control of the administrative state through federal payment systems. He explains how those systems work and why their current structure makes it impossible for Congress to prevent a determined president from hobbling the administrative state. He proposes an alternative structure for the public fisc, using digital currency system managed by Congress. He explains how that alternative system would enable Congress to assert its full power over the budget and protect the government from a rogue executive. Grey is on Twitter and Bluesky. You can find more information on his website.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Dan Rabinowitz on AI Litigation Analytics

Fri, 07 Feb 2025 06:40:50 GMT

In this episode, Dan Rabinowitz, founder and CEO of Pre/Dicta, a litigation analytics platform that uses artificial intelligence to predict the outcome of lawsuits, explains how the platform works, why it is useful, and who might find value in using it.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Gregory Dickinson on Preventing Online Fraud

Tue, 28 Jan 2025 01:21:17 GMT

In this episode, Gregory M. Dickinson, Assistant Professor of Law at the University of Nebraska-Lincoln College of Law, discusses his article "The Patterns of Digital Deception," which is published in the Boston College Law Review. Dickinson begins by explaining why it's important to prevent online fraud, but also important to prevent it effectively and efficiently. He observes that many current legislative efforts to prevent online fraud will probably be ineffective, in part because they target technologies that have both fraudulent and non-fraudulent uses, and in part because they will be easy for fraudsters to avoid, He argues that different approaches may be more effective, including encouraging private litigation and targeting regulation to specific bad actors. Dickinson is on Twitter at @gmdickinson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Jonathon Booth on the Satanic Panic

Tue, 28 Jan 2025 00:46:02 GMT

In this episode, Jonathon J. Booth, Associate Professor of Law at the University of Colorado Law School, discusses his draft article, "A New Satanic Panic." Booth begins by describing the "satanic panic" of the 1980s and early 1990s, during which many people were prosecuted for and even convicted of crimes associated with imaginary satanic rituals. He explains how the satanic panic began and why so many people found it compelling. And he argues that we should be wary of a new version of the satanic panic emerging today. Booth is on Twitter at @JBooth_history.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Fackrell on the Counterfeit Sham

Tue, 28 Jan 2025 00:24:10 GMT

In this episode, Sarah Fackrell (formerly Burstein), Professor and Co-Director of the Program in Intellectual Property Law at Chicago-Kent College of Law, discusses her article The Counterfeit Sham, which is published in the Harvard Law Review. Fackrell begins by explaining why counterfeiting is uniquely bad and why design patent infringement is different from counterfeiting. She then explains how some design patent plaintiffs are using counterfeit rhetoric to convince judges to give them litigation advantages that might be appropriate for plaintiffs in counterfeiting cases, but not in design patent infringement cases. Fackrell posts on Bluesky here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Samantha Alecozay on the Corporate Transparency Act

Sun, 10 Nov 2024 21:59:43 GMT

In this episode, Samantha Alecozay, a practicing faculty member at St. Mary’s University School of law, and the founding attorney of Alecozay Law Firm, PLLC, discusses her forthcoming article, “The Small Business Killer: How FinCEN Enforcement of the CTA Could Destroy the Last Bastion of the American Dream,” which will be published by the Lincoln Memorial University Law Review. In the meantime, it’s available to download on SSRN.

Alecozay describes the Corporate Transparency Act, which came into effect on January 1, 2024. The CTA is meant to create a national database of owner information for certain business entities with the goal of combating money laundering. But, as Alecozay details, the law both fails to target the most likely culprits and applies to a vast array of innocent businessowners. Failure to provide the detailed information requested may result in civil penalties of nearly $600 per day, and only a small portion of the millions of businesses affected are aware of the law’s requirement. Alecozay addresses the challenges of enforcing such a broadly applicable statute, as well as the potential for significant damages and disruption to businessowners caught unawares by the CTA’s requirements.

This episode was hosted by Michael L. Smith, Assistant Professor of Law at St. Mary’s University School of Law. Smith is on Twitter (or “X”) at @msmith750, and is on BlueSky at @msmith750@bksy.social.

Hosted on Acast. See acast.com/privacy for more information.

Rohan Grey on Spending & Inflation

Sun, 10 Nov 2024 05:39:53 GMT

In this episode, Rohan L. Grey, Assistant Professor of Law at Willamette University College of Law, discusses his new article "Public Spending, Price Stability, and the Green Transition: A Reassessment," which is published in the George Washington Journal of Energy and Environmental Law. Grey begins by explaining why inflation is a policy problem and how we have historically tried to manage it. He identifies some weaknesses of the traditional methods of managing inflation and describes some alternative approaches that could be more efficient and effective. He then explains one potential way of applying those methods to the environmental crisis by nationalizing oil and gas companies. Grey is on Twitter at @rohangrey.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Matt Steilen on Magna Carta and Common Counsel

Wed, 11 Sep 2024 20:22:08 GMT

In this episode, Matthew Steilen, Professor of Law at the University of Buffalo School of Law, discusses his draft article "Magna Carta and the Origins of Legislative Power," which is part of a book project. Steilen begins by explaining the origins and purpose of Magna Carta. He then focuses on Chapter 12 of Magna Carta, which requires "common counsel." He explains why the conventional wisdom about the meaning of Chapter 12 is wrong, and how it was really about requiring spirited debate. He reflects on why that was important and how it informed the development of legislative speech. He also reflects on the historiography of Magna Carta. Steilen is on Twitter at @MJSteilen.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Oliver Traldi on Political Beliefs

Wed, 22 May 2024 17:35:13 GMT

In this episode, Oliver Traldi, a John and Daria Barry Postdoctoral Research Fellow at the James Madison Program at Princeton University, discusses his new book "Political Beliefs: A Philosophical Introduction," which is published by Routledge. Here is the description of the book:

Anyone who’s had an argument about politics with a friend may walk away wondering how this friend could possibly hold the beliefs they do. A few self-reflective people might even wonder about their own political beliefs after such an argument. This book is about the reasons that people have, and could have, for political beliefs: the evidence they might draw on, the psychological sources of their views, and the question of how we ought to form our political beliefs if we want to be rational.

The book’s twenty-four chapters are divided into four larger parts, which cover the following: (1) the differences between political and other types of beliefs, (2) theories of political belief formation, (3) sources of our political beliefs and how we might evaluate them, and (4) contemporary phenomena – like polarization, fake news, and conspiracy theories – related to political beliefs.

Along the way, the book addresses questions that will arise naturally for many readers, like:

Does the news you choose to watch and your own social media leave you stuck in an “information bubble”?

Are you committed to a certain ideology because of the history of your society?

Are people who believe “fake news“ always acting irrationally?

Does democracy do a good job of figuring out what’s true?

Are some political beliefs good and some evil?

As the book investigates these and other questions, it delves into technical, philosophical topics like epistemic normativity, the connection between belief and action, pragmatic encroachment, debunking arguments, and ideology critique. Chapter summaries and discussion questions will help students and all interested readers better grasp this new, important area on the border of politics and philosophy.

Traldi is on Twitter at @olivertraldi. The PDF version of his book is available for free on the Routledge website.

This episode was hosted by Elizabeth Schiller, who is the Staff Director for the Virginia Access to Justice Commission.

Hosted on Acast. See acast.com/privacy for more information.

Alison LaCroix on the Interbellum Constitution

Wed, 15 May 2024 23:47:41 GMT

In this episode, Alison L. LaCroix, Robert Newton Reid Professor of Law, Associate Member of the Department of History at the University of Chicago Law School, discusses her new book, "The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms," which is published by Yale University Press. LaCroix explains what made interbellum America unique and what we can learn from interbellum constitutional thought. She describes the unique features of interbellum constitutional ideology and reflects on what it can tell us about constitutional thought today.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Naomi Sunshine on Reclaiming German Citizenship

Tue, 30 Apr 2024 21:08:59 GMT

In this episode, Naomi Sunshine, a director in the Public Interest Law Center and Supervising Attorney in the Immigrants Right Clinic at NYU Law School, discusses the process of reclaiming German citizenship under Article 116 Paragraph 2 of the Basic Law, which provides for the restoration of German citizenship to former German citizens deprived of their German citizenship due to “political, racial, or religious grounds” in the time period from January 30, 1933 to May 8, 1945, and their descendants. One of the primary purposes of Article 116 was to restore the German citizenship of denaturalized German Jews. Sunshine describes her family story and explains the process of applying for German citizenship under section 116. She also describes the experience of becoming a German citizen. Here is a link to the application for German citizenship under Article 116.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Henry Oliver on Late Bloomers

Tue, 16 Apr 2024 20:20:47 GMT

In this episode, Henry Oliver, a writer, speaker, and brand consultant based in London, discusses his new book, "Second Act: What Late Bloomers Can Tell You About Reinventing Your Life." Oliver begins by explaining what he means by a "late bloomer" and what their stories can tell us about success. He discusses many historical examples of late bloomers, describing their similarities and differences. And he shares some strategies about achieving success later in life that we can glean from their examples. Oliver is on Twitter at @HenryEOliver. You can also subscribe to his Substanck The Common Reader.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Phillips & Baumann on the Major Questions Doctrine & the SEC

Fri, 22 Mar 2024 05:21:10 GMT

In this episode, Todd Phillips, Assistant Professor at the Georgia State University J. Mack Robinson College of Business, and Beau J. Baumann, a Ph.D. student at Yale Law School, discuss their article "The Major Questions Doctrine's Domain," which will be published in the Brooklyn Law Review. Phillips and Baumann begin by explaining what the major questions doctrine is, how it works, and why it's important. They describe how litigants are challenging SEC enforcement actions against crypto token using MQD-based challenges. And they explain why the MQD shouldn't apply to agency enforcement actions based on judicial interpretations of the scope of agency power, only an agency's own interpretation of its power in the context of legislative rulemaking. Baumann is on Twitter at @beau_baumann and Phillips is on Twitter at @tphillips.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Matt Blaszczyk on Emergent Works & Copyright

Fri, 22 Mar 2024 04:40:33 GMT

In this episode, Matt Blaszczyk, an incoming research fellow at the University of Michigan Law School, discusses his article "Impossibility of Emergent Works’ Protection in U.S. and EU Copyright Law," which is published in the North Carolina Journal of Law & Technology. Blaszczyk begins by explaining the concept of an "emergent work," or work without a human author, a category of works of authorship that includes AI generated works. He describes several efforts to register emergent works for copyright protection and explains on why they have been unsuccessful. And he reflects on what the category of emergent works can tell us about the ontology and theory of copyright. Blaszczyk is on Twitter at @mmblaszczyk.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 114: Dupont's Cavalcade of America, The Constitution of the United States

Fri, 08 Mar 2024 06:23:11 GMT

From 1935-53, the DuPont Company sponsored a radio program titled "Cavalcade of America." This episode dramatized the United States Constitution. The recording consists of three 78 RPM records, which were collected and digitized by the Internet Archive. Unfortunately, the B-side of the third 78 was too damaged to digitize.

Hosted on Acast. See acast.com/privacy for more information.

Beau Baumann on Americana Administrative Law

Fri, 08 Mar 2024 05:05:59 GMT

In this episode, Beau Baumann, a PhD candidate at Yale Law School, discusses his article "Americana Administrative Law," which is published in the Georgetown Law Journal. Baumann describes the origins and history of the non-delegation doctrine and the major questions doctrine, explaining how both are rooted in an ideological fantasy of a Congress that never existed, ultimately in service of judicial self-aggrandizement. He reflect on how that happened, why it's a problem, and how scholars should understand it.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Neoshia Roemer on Equal Protection & Indian Child Welfare

Thu, 07 Mar 2024 22:34:50 GMT

In this episode, Neoshia Roemer, Associate Professor of Law at Seton Hall University School of Law, discusses her article "Equity for American Indian Families," which will be published in the Minnesota Law Review. Roemer explains what the Indian Child Welfare Act does, why it was created, and how some people are using equal protection arguments in order to challenge its constitutionality. She explains why ICWA is so important for both children and tribes, and why the criticisms of it are so misguided. Roemer is on Twitter at @ProfNRoemer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rachael Dickson on Cannabis Marks

Sun, 14 Jan 2024 21:21:58 GMT

In this episode, Rachael Dickson, an Visiting Assistant Professor at the Suffolk University Law School Intellectual Property and Entrepreneurship Clinic and for Trademark Examining Attorney at the United States Patent and Trademark Office, discusses her draft article "High Hopes: Cannabis Trademarks at the USPTO." Dickson begins by briefly describing the history of cannabis regulation in the United States. She explains how trademarks work and what they are intended to accomplish, and why cannabis companies want to register federal trademarks for their products. She reflects on the USPTO's refusal to register cannabis marks and the problems it causes. And she encourages the USPTO to change course. Dickson is on Twitter at @TudorsAndTMs.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Aliza Shatzman on the Clerkships Whisper Network

Tue, 24 Oct 2023 21:44:32 GMT

In this episode, Aliza Shatzman of the Legal Accountability Network discusses her article "The Clerkships Whisper Network: What It Is, Why It's Broken, And How To Fix It," which is published in the Columbia Law Review. Shatzman is on Twitter at @AlizaShatzman.

This episode was hosted by Peter Romer-Friedman on PRF Law.

Hosted on Acast. See acast.com/privacy for more information.

Rachel O'Dwyer on Tokens

Tue, 24 Oct 2023 21:22:59 GMT

In this episode, Rachel O'Dwyer, a lecturer in Digital Cultures in the National College of Art and Design, Dublin, discusses her new book "Tokens: The Future of Money in the Age of the Platform," which is published by Verso Books. O'Dwyer explains what tokens are, how they relate to money, how they have been used at different points in time, and how they are used today. O'Dwyer is on Twitter at @Rachelodwyer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Claire Aubin on Holocaust Perpetrators

Sun, 15 Oct 2023 00:16:04 GMT

In this episode, Claire E. Aubin, a faculty member at Gratz College who will be a lecturer at UC Davis, discusses her work on Holocaust perpetrators, including her dissertation, "From Treblinka to Trenton: Holocaust perpetrators as immigrants to the post-war United States" and her recent article for Time magazine. Aubin explains why Holocaust perpetrators were able to emigrate to the United States without being caught, how they camouflaged themselves from immigration authorities, how some were caught, and why many escaped detection. She explains how studying the experiences of Holocaust perpetrators helps us better understand the historical context in which they were able to escape detection, present themselves as priority candidates for immigration to the United States, and disguise their past. Aubin is on Twitter at @ceaubin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Christa Laser on the Law of the Blockchain

Sat, 07 Oct 2023 22:52:09 GMT

In this episode, Christa Laser, Assistant Professor of Law at Cleveland State University College of Law, discusses her article "Legal Issues in Blockchain, Cryptocurrency, and NFTs," which will be published in the Nebraska Law Review. Laser begins by explaining that we should think about the relationship between law and the blockchain as posing questions about how to apply abstract concepts to problems posed by new technologies, not an obligation to create a new body of law. She describes how regulators and courts have applied securities law, intellectual property law, and contract law to blockchain-related problem. And she encourages regulators, courts, and legislators to learn more about how this new technology works before acting to regulate it. Laser is on Twitter at @ChristaLaser.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Yosifon on Agency and Well-Being

Sat, 07 Oct 2023 22:28:46 GMT

In this episode, David G. Yosifon, Peter Canisius, S.J. Professor of Law at Santa Clara University School of Law, discusses his article "Agent Correction: Chastisement, Wellness, and Personal Ethics," which is published in the Florida State University Law Review. Yosifon begins by describing the broader scholarly project of which this article is a part, investigating how concepts derived from corporate governance can inform and promote human well-being. He describes the early modern concept of "agent correction," which authorized the principal to enforce the agency relationship by "chastizing" or hitting the agent. He explains that the law has long-since rejected agent correction, but observes that the concept of "wellness" may have replaced it as a humane and agent-centered way of encouraging observance of fiduciary obligations and personal ethics. Yosifon is on Twitter at @DavidYosifon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Zachary Catanzaro on Artificial Intelligence & Copyright Theory

Mon, 25 Sep 2023 21:15:43 GMT

In this episode, Zachary L. Catanzaro, Assistant Professor of Law at St. Thomas University Benjamin L. Crump College of Law, discusses his draft article "Beyond Incentives: Copyright in the Age of Algorithmic Production." Catanzaro begins by describing the history of the development of copyright law and how that history shaped the dominant incentives-based theory of copyright. He explains how algorithmic AI programs work, and reflects on how the development of AI technology should affect our assessment of the incentives theory. And he suggests that incentives-based justifications for copyright might need to give way to justifications based on moral rights. Catanzaro is on Twitter at @brainstorm_law.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sara Protasi on Envy

Tue, 12 Sep 2023 21:22:10 GMT

In this episode, Sara Protasi, Associate Professor of Philosophy at the University of Puget Sound, discusses her book "The Philosophy of Envy," which is published by Cambridge University Press. Protasi explains how envy is different from other emotions, including jealously. She describes the different kinds of envy. And she argues that at least some kinds of envy are good and should be encouraged, even though some other kinds are bad. Protasi is on Twitter at @natadicorsa.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Quinn Yeargain on Litigating Trans Rights

Tue, 12 Sep 2023 21:06:36 GMT

In this episode, Quinn Yeargain, Assistant Professor of Law at Widener University Commonwealth Law School, discusses his article, “Litigating Trans Rights in the States,” which will be published by the Ohio State Law Journal. Yeargain describes recent efforts by states to pass legislation infringing on the rights of transgender individuals, and argues that while challengers have found success challenging these laws on federal constitutional grounds, they should also challenge these laws on state constitutional grounds. Drawing parallels to prior challenges to restrictive marriage provisions, sodomy bans, and other laws, Yeargain argues that state constitutional equality provisions, privacy provisions, and other rights guarantees provide strong avenues to challenge legislation targeting trans people. Yeargain also discusses researching and studying state constitutional law. Yeargain is on Twitter at @yeargain.

This episode was hosted by Michael L. Smith, Assistant Professor of Law at St. Mary’s University School of Law. Smith is on Twitter at @msmith750.

Hosted on Acast. See acast.com/privacy for more information.

Michael Smith on Library Crimes

Wed, 30 Aug 2023 18:20:32 GMT

In this episode, Michael Smith, Assistant Professor of Law at St. Mary's University School of Law, discusses his article "Library Crime," which will be published in the Drake Law Review. Smith describes the different kinds of crimes that are specific to libraries, how they differ from state to state, and why they exist. He reflects on library crimes and what they can tell us about libraries as institutions. And he explain how library crimes illuminate the purposes of criminal justice more generally. Smith is on Twitter at @msmith750.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jacob Gordon on Gang Violence & Just War Theory

Sat, 26 Aug 2023 20:18:51 GMT

In this episode, Jacob Gordon, a recent graduate of Harvard Law School, discusses his draft article "Gang Violence and Just War Theory." Gordon begins by explaining the basic premises of just war theory. He then describes common features of gangs, and how they often track with the features considered by just war theory. He argues that concepts drawn from just war theory can help us better understand the relative culpability of gang members for gang violence, and argues that gang participation should mitigate moral culpability for violence, at least in some circumstances.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Paul Gowder on the Rule of Law & Black Liberation

Tue, 22 Aug 2023 21:07:27 GMT

In this episode, Paul Gowder, Associate Dean of Research and Intellectual Life and Professor of Law at Northwestern University Pritzker School of Law, discusses his book The Rule of Law in the United States: An Unfinished Project of Black Liberation which is published by Hart Publishing and available as an open-access download. Gowder begins by discussing open-access publishing and the design on the book. He explains what he means by "the rule of law" and why he sees it as fundamentally tied to the historical project of black liberation. He reflects on how many of our governmental institutions provide only the illusion of the rule of law, and explains how and why the rule of law must be defended and expanded.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jordi Goodman on Attribution Norms

Thu, 17 Aug 2023 00:29:47 GMT

In this episode, Jordana R. Goodman, Assistant Professor of Law at Chicago-Kent College of Law, discusses her article "Ms. Attribution: How Authorship Credit Contributes to the Gender Gap," which is published in the Yale Journal of Law & Technology. Goodman begin by describing the "gender gap" and how it affects the practice of law. She explains how the "Matthew" and "Matilda" effects under-recognize the contributions of women in legal practice, and how lack of attribution helps perpetuate the gender gap. She describe her empirical study of attribution in patent practice. And she makes suggestions for how to increase attribution to women. Goodman is on Twitter at @Jordi_Goodman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kenneth Adams on the Style of Contract Drafting

Sun, 25 Jun 2023 20:12:35 GMT

In this episode, Kenneth A. Adams, an attorney and expert on contract drafting, discusses his book, "A Manual of Style for Contract Drafting," which is published by the ABA. Adams describes how he became interested in the style of contract drafting and why he thinks it is often so bad. He explains how contract drafting can be improved and why better drafted contracts are preferable. And he provides specific examples of improved drafting from his book. In the course of the interview, Adams also provides comments on a short contract I drafted. You can see his written comments here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lisa Ramsey on Trademark Infringement & the First Amendment

Sat, 17 Jun 2023 21:36:47 GMT

In this episode, Lisa P. Ramsey, Professor of Law at the University of San Diego School of Law, discusses the Supreme Court's recent decision in Jack Daniel's v. VIP products in light of her article "Raising the Threshold for Trademark Infringement to Protect Free Expression," which she co-authored with Christine Haight Farley, and which is published in the American University Law Review. Ramsey begins by describing what happened in the Jack Daniel's case and why the Supreme Court's opinion is narrower than a lot of commenters realize. She explains why cases like Jack Daniel's present First Amendment problems, and how those problems can be avoided by more robust defenses to trademark infringement and dilution. Ramsey is on Twitter at @LPRamsey.

Ramsey also wrote an essay on the Jack Daniel's v. VIP case for Eric Goldman's Technology & Marketing Law Blog, which you can read here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Brian McBrearty on Forensic Musicology

Fri, 05 May 2023 20:25:16 GMT

In this episode, Brian McBreary, a forensic musicologist, explains what forensic musicologists do and how they analyze music. He describes how he became a forensic musicologist and the process by which forensic musicologists approach the analysis of songs as expert witnesses in copyright infringement litigation. And he specifically reflects on recent copyright infringement cases involving Marvin Gaye songs. McBrearty hosts the website Musicologize and is on Twitter at @brianmcbrearty.

Hosted on Acast. See acast.com/privacy for more information.

Sara Gras on Podcasting as Legal Scholarship

Fri, 10 Mar 2023 16:06:21 GMT

In this episode, Sara Gras, Associate Professor and Executive Director of the Peter W. Rodino, Jr. Law Library Center for Information & Technology at Seton Hall University School of Law, discusses her article "Positioning Podcasting as Legal Scholarship," which will be published in the Utah Law Review. Here is the abstract:

Technology has revolutionized legal practice, education, and society generally, yet the availability of new forms of digital media has not significantly changed the locus of legal scholarship. This Article examines whether our collective understanding of where scholarship can exist should expand to include podcasting as a formally acknowledged medium for legal scholarship.

This episode was hosted by Noah Chauvin. Chauvin is on Twitter at @NoahChauvin.

Hosted on Acast. See acast.com/privacy for more information.

Elise Maizel on Reform Corporate Attorney-Client Privilege

Thu, 02 Mar 2023 04:15:34 GMT

In this episode, Elise Bernlohr Maizel, Acting Assistant Professor of Lawyering at NYU Law School, discusses her article "The Case for Downsizing the Corporate Attorney-Client Privilege." Maizel begins by describing the attorney-client privilege and work product doctrine. She explains why the attorney-client privilege doctrine has always been a poor fit for corporate clients. And she proposes a new model for the attorney-client privilege in the corporate context that is both more conceptually coherent and practically desirable. Maizel is on Twitter at @eliseconstance.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mike Kasdan on Web3 Lawyering

Wed, 25 Jan 2023 05:54:50 GMT

In this episode, Michael J. Kasdan, a partner at Wiggin and Dana LLP, discusses his work as a lawyer in the Web3 space. Among other things, Kasdan discusses how intellectual property affects Web3 markets, including how Web3 companies are using their intellectual property rights in new and unexpected ways.

This episode was hosted by Sidhant Raghuvanshi, an LLM student at UC Berkeley School of Law.

Hosted on Acast. See acast.com/privacy for more information.

Aliza Shatzman on Judicial Accountability

Fri, 13 Jan 2023 23:37:39 GMT

In this episode, Aliza Shatzman, President and Founder of The Legal Accountability Project, discusses her new article, "The Conservative Case for the Judiciary Accountability Act," which is published in the Harvard Journal on Legislation. Schatzman observes that the federal judiciary has a harassment problem and describes her own experience of harassment. She describes the Judicial Accountability Act, which would impose Title VII requirements on the federal judiciary, among other protections. And she explains why conservative lawmakers should support the legislation.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ari Cohn on the Kids Online Safety Act

Fri, 09 Dec 2022 21:39:09 GMT

In this episode, Ari Cohn, Free Speech Counsel at Tech Freedom, discusses the proposed Kids Online Safety Act, which the Senate is currently considering. Cohn begins by explaining the history of KOSA and similar previous bills, what KOSA is supposed to accomplish, and how it's supposed to accomplish that goal. He explains why KOSA as drafted presents intractable practical and First Amendment problems. And he argues that Congress should reject KOSA in its entirety. Cohn is on Twitter at @AriCohn.

A current version of KOSA is available here.

Tech Freedom's letter opposing KOSA is available here.

A coalition letter opposing KOSA is available here.

Additional information is available here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Neil Chilson on FTC Rulemaking & AI

Fri, 09 Dec 2022 17:34:18 GMT

In this episode, Neil Chilson, a senior research fellow for technology and innovation at Stand Together and former chief technologist at the FTC, discusses the FTC's proposal to create a trade regulation rule on commercial surveillance and data security. Chilson begins by discussing the FTC's history of rulemaking and why this rulemaking proposal is important. He reflects on what the FTC might be trying to achieve in this rulemaking process and discusses some potential concerns. He also discusses his own public comments, some of which he produced using an AI text generator, in order to express concerns about the potential effect of regulation on the development of AI tools. Chilson is on Twitter at @neil_chilson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Polcz on Authorship Norms Among Songwriters

Fri, 02 Dec 2022 18:24:29 GMT

In this episode, Sarah Polcz, a fellow at Stanford Law School, discusses her articles "Co-Creating Equality," which will be published in the Southern California Law Review, and "Loyalties & Royalties," which will be published in the Hastings Law Journal. Polcz describes her empirical research on the distribution of songwriting credit in the music business. She explains how authorship norms among songwriters differ from the default rules of copyright because of the incentives that are salient to bands. And she reflects on what her work can tell us about copyright incentives more broadly. Polcz is on Twitter at @SPolcz.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Schwarcz, Wolff & Woods on Privilege & Cybersecurity

Wed, 23 Nov 2022 02:12:05 GMT

In this episode, Daniel Schwarcz, Fredrikson & Byron Professor of Law at the University of Minnesota Law School, Josephine Wolff, Associate Professor of Cybersecurity Policy at the Fletcher School at Tufts University, and Daniel W. Woods, Lecturer of Cybersecurity at the University of Edinburgh School of Informatics, discuss their article "How Privilege Undermines Cybersecurity," which will be published in the Harvard Journal of Law & Technology. They begin by explaining what the attorney-client privilege and work product doctrines are and how they negatively affect cybersecurity investigations and the implementation of lessons learned from those investigations. They describe their qualitative study of lawyers and cybersecurity professionals conducting cybersecurity investigations. And they make recommendations about how courts could amend their approach to privilege to improve cybersecurity outcomes.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 24: Michele Colonna on the Art Market & the NFT Market

Thu, 27 Oct 2022 04:58:48 GMT

In this episode, Michele Colonna, an art collector, NFT advisor, and co-founder of Árthropo, a web3 native crypto art project, discusses his perspective on the art market and the NFT market. Colonna describes how he became interested in NFTs, how he views the relationship between the NFT market and the conventional art market, and where he sees the future of the NFT market heading. Colonna is on Twitter at @mcolonna65.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 113: McGruff's® SMART KIDS Album

Thu, 27 Oct 2022 01:36:50 GMT

In 1987, the National McGruff Campaign released McGruff's® SMART KIDS Album on cassette for $5. The album consisted of 11 songs ostensibly performed by McGruff the Crime Dog, explaining why drugs are bad. Here's the track list:

Winners Don’t Use
No. No, No!
Marijuana
Inhalants
Cocaine & Crack
Alcohol
Just Say No
Smart Kids
Make Your Body Last
I’ll Decide on My Own
I’m Glad I’m Me

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 23: Robin Schmidt on Journalism in the Metaverse

Tue, 18 Oct 2022 15:54:53 GMT

In this episode, Robin Schmidt, a journalist covering web3, decentralized finance, NFTs, and the metaverse. Schmidt explains how he became interested in the web3 space and how he made the move from commercial motion picture production to journalism. He describes his work at The Defiant creating video journalism covering developments in decentralized finance, and his approach to creating that content. And he describes his new project BasedAF which will focus on the metaverse. You can watch Schmidt's work for The Defiant here. He is on Twitter at @IamSuperMassive.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Scott Shapiro on War & International Law

Thu, 06 Oct 2022 17:11:51 GMT

In this episode, Scott J. Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, discusses his book The Internationalists: How a Radical Plan to Outlaw War Remade the World (Simon & Schuster 2018) and his essay "Putin Can’t Destroy the International Order by Himself," both of which he co-authored with Oona A. Hathaway, Gerard C. and Bernice Latrobe Smith Professor of International Law. Shapiro is on Twitter at @scottjshapiro.

This episode was hosted by Paula, a 2L at Michigan Law School. She is on Twitter at @polapetit.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 22: Christa Laser on NFTs & Intellectual Property

Tue, 04 Oct 2022 08:34:20 GMT

In this episode, Christa Laser, Assistant Professor of Law at Cleveland-Marshall College of Law, discusses her work on blockchain, NFTs, and intellectual property, from the perspective of a law professor and former intellectual property litigator. Among other things, she discusses blockchain patents, copyright in NFT images, and trademark in NFT brands. Laser is on Twitter at @ChristaLaser.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anjali Vats on Critical Race Theory & Intellectual Property

Tue, 04 Oct 2022 07:30:56 GMT

In this episode, Anjali Vats, Associate Professor of Law at the University of Pittsburgh School of Law, discusses her book "The Color of Creatorship: Intellectual Property, Race, and the Making of Americans," which is published by Stanford University Press. She explains how critical race theory can and should inform our understanding of the history of intellectual property. Vats is on Twitter at @raceip.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

William Organek on Mass Tort Bankruptcies

Tue, 04 Oct 2022 06:57:23 GMT

In this episode, William Organek, program fellow at the bankruptcy project at Harvard Law School, discusses his new article, "A Bitter Result": Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies. Billy explains why he thinks that creditors in the Purdue Pharma bankruptcy received a better result than they would have if some Sackler family members were forced to file their own bankruptcy cases. In particular, he talks about balancing monetary and dignitary interests in bankruptcy cases, and the uses of examiners and trustees to achieve certain non-monetary objectives. Despite these outcomes, Organek maintains that this was a "bitter result" and explains how we might do better in the future. Organek's article was published earlier this year in the peer-reviewed American Bankruptcy Law Journal and is available on SSRN.

This episode was hosted by Matthew Bruckner, an associate professor at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Andrea Bopp Stark & Geoffrey Walsh on Carceral Bankruptcy

Tue, 04 Oct 2022 06:36:34 GMT

In this episode, Andrea Bopp Stark and Geoffrey Walsh, both staff attorneys at the National Consumer Law Center, discuss their work on fines and fees in bankruptcy case, with a particular focus on their article, Sentenced to a Life of Debt: It Is Time for a Reassessment of How Bankruptcy Law Intersects with Fines and Fees to Keep People in Debt. Geoff and Andrea explain how state and local governments have funded mass incarceration through the imposition of fines and fees in the criminal law arena and how this undermines many of the policy rationales articulated by the Supreme Court in Kelly v. Robinson, which made it much more difficult to discharge criminal justice debt in bankruptcy cases. We discuss possible solutions, including treating this debt like tax debt and why an analogy to tax debt is better than an analogy to student loan debt. Stark and Walsh have published several articles on this topic, including the one we primarily discussed, which is available in the Federal Sentencing Reporter and on the NCLC website.

This episode was hosted by Matthew Bruckner, an associate professor at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Paul Edelblut on Lucy v. Zehmer

Tue, 26 Jul 2022 14:51:24 GMT

In this episode, Paul Edelblut, the grandson of Welford O. Lucy, discusses the iconic 1954 contract case Lucy v. Zehmer and what he learned about it from his grandfather.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jorge Contreras on Gene Patents

Tue, 28 Jun 2022 02:21:53 GMT

In this episode, Jorge L. Contreras, Professor of Law at the University of Utah College of Law, discusses his book "The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA," which is published by Algonquin Books. Contreras describes the landmark Supreme Court patent case Association for Molecular Pathology v. Myriad Genetics and explains why it was important. He recounts the story of the case and how he reported on it. And he reflects on what it can tell us about patent policy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jordana Goodman on Authorship Credit and the Gender Gap

Tue, 10 May 2022 20:46:32 GMT

In this episode, Jordana Goodman, Visiting Clinical Assistant Professor at the Boston University School of Law, discusses her new article Ms. Attribution: How Authorship Credit Contributes to the Gender Gap. She argues that misattribution in the authorship of legal work disparately impacts underrepresented members of the legal profession, with a focus on women in patent law. In her article, Professor Goodman reports empirical findings from a large novel dataset of agency actions and responses during the patent examination process in the United States Patent and Trademark Office. She also addresses the larger professional and cultural implications of these findings and proposes reforms. Professor Goodman’s article is forthcoming in the Yale Journal of Law & Technology and is available on SSRN. She is on Twitter at @Jordi_Goodman.

This episode was hosted by Saurabh Vishnubhakat, Professor in the School of Law and Professor in the Dwight Look College of Engineering at Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.

Disclosure: Professors Goodman and Vishnubhakat are now collaborating on a follow-up paper that explores the gender gap among attorneys in administrative patent litigation before the USPTO Patent Trial and Appeal Board.

Hosted on Acast. See acast.com/privacy for more information.

Aliza Shatzman on Holding Judges Accountable

Fri, 29 Apr 2022 02:02:23 GMT

In this episode, Aliza Shatzman, an attorney and advocate based in Washington, DC, discusses her article "Untouchable Judges? What I've learned about harassment in the judiciary, and what we can do to stop it," which will be published in the UCLA Journal of Gender & Law. Here is the abstract:

Drawing from the author’s own experience of gender discrimination, harassment, and retaliation during her clerkship and in the years following it by a former DC Superior Court judge, this Article analyzes the deficits in current federal and DC judicial reporting systems to demonstrate the urgent need for reform. I argue that harassment in the judiciary is pervasive, due to both enormous power disparities between judges and law clerks, and various institutional barriers that perpetuate misconduct and discourage reporting. I survey existing methods of judicial discipline in both the federal and DC Courts and argue that these provide insufficient redress for workplace misconduct. I then discuss the Judiciary Accountability Act (JAA) (HR 4827/S 2553), which would finally protect judiciary employees, including law clerks and federal public defenders, under Title VII of the Civil Rights Act of 1964, enabling employees to sue their harassers and seek damages for harm done to their careers, reputations, and future earning potential. Furthermore, I argue that the DC Courts should be included in the JAA, because they are Article I courts created and regulated by Congress, and DC Courts judges are arguably federal judges for Title VII and disciplinary purposes. I also offer a variety of other proposed reforms, which would both strengthen the JAA and provide additional protections to uniquely vulnerable judiciary employees. I conclude by reflecting on my attempts to report the misconduct I experienced, how the systems failed me when I tried to report, and my efforts to seek justice for myself and accountability for the misbehaving former judge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Henry Thompson on Mafia Courts

Wed, 23 Feb 2022 05:18:21 GMT

In this episode, Henry A. Thompson, a Ph.D. student in economics at George Mason University, discusses his article "Cosa Nostra Courts." Here is the abstract:

This paper uses economic reasoning to analyze the traditions and institutions of one of the most successful criminal organizations in modern history: La Cosa Nostra (LCN). Drawing on recently declassified FBI reports, the paper's analysis shows that LCN's core institutions are best understood as attempts to protect its secrecy, an asset vulnerable to free riding by its own members. Individual members did not bear the full costs of secret-revealing police investigations and thus had a perverse incentive to resolve disputes violently. LCN preserved its secrecy by incentivizing peaceful reconciliation. La Cosa Nostra rules, and, more importantly, its informal court system, kept disputes from escalating into violence, thereby helping LCN avoid secrecy-threatening investigations. As a result, LCN has become one of the most successful and long-lived criminal organizations in the U.S.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 21: Laura Shin on the Story of Ethereum

Wed, 23 Feb 2022 04:08:29 GMT

In this episode, Laura Shin, journalist and host of the Unchained podcast, discusses her new book "The Cryptopians: Idealism, Greed, Lies, and the Making of the First Big Cryptocurrency Craze," which is published by Public Affairs. Shin describes how she became interested in cryptocurrency, how she told the story of the creation of Ethereum, and what she learned while researching the story.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Burstein & Saurabh Vishnubhakat on the Truth About Design Patents

Wed, 23 Feb 2022 03:51:44 GMT

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, and Saraubh Vishnubhakat, Professor of Law at Texas A&M University School of Law, discuss their article "The Truth About Design Patents," which will be published in the American University Law Review. Here is the abstract:

Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—rely on statistics and empirical conclusions that were methodologically questionable from the start, or have become outdated, or both. In this paper, we make two sets of contributions to that important and underdeveloped literature. First, we review the empirical studies of design patents thus far, including those that pre- and post-date the creation of the Federal Circuit, and we update the findings of those studies. Second, we consider a set of institutional questions that, to our knowledge, the prior literature has not even broached. Beyond the federal courts, we explore design patent enforcement at the ITC and the use of administrative process to challenge design patents in the Patent Trial and Appeal Board. These contributions put the design patent system into much-needed context with broader debates about U.S. intellectual property policy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 20: Sarah Moosvi on DAOs and the NFT Art Community

Wed, 23 Feb 2022 03:27:18 GMT

In this episode, Sarah Moosvi of Protean DAO, Tara Digital Collective and aGENDAdao discusses now she became interested in NFTs and DAOs. Among other things, she explains why DAOs are a useful tool for NFT artists, and how NFT artists use the DAO structure in their work. She also reflects on problems with the DAO structure, including inequities DAOs can perpetuate, especially in relation to members of minoritized communities. This interview was conducted in the convention center at Art Basel Miami Beach. Moosvi is on Twitter at @m00sv1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 19: Simon Indelicate on Creating an NFT Collection

Wed, 19 Jan 2022 03:43:55 GMT

In this episode, Simon Indelicate of The Indelicates describes the creation and sale of his first NFT collection, which consisted of 30 "perpetual admission tickets" for an "imaginary theme park" called Arcadia Park. Simon describes his career as an independent musician, including the creation of the Arcadia Park album. He explains how he repurposed the album for an NFT collection, and why it was consistent with his long-standing objections to the music industry and how it uses copyright. He discusses his experiences, offering advice to other musicians interested in creating NFTs. And he reflects on the future of his project. Simon Indelicate is on Twitter at @simonindelicate and Arcadia Park is at @ArcadiaParkNews.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rebecca Curtin on Fanny Holmes's Impact on Bleistein

Wed, 19 Jan 2022 02:57:04 GMT

In this episode, Rebecca Curtin, Professor of Law at Suffolk University Law School, discusses her article "The Art (History) of Bleistein," which will be published in the Journal of the Copyright Society. Curtin begins by explaining why Justice Holmes's opinion in Bleistein v. Donaldson Lithographing Co., 188 U.S. 239 (1903) is such a landmark of copyright doctrine. She observes that Holmes made many unusual and unnecessary observations about the nature of art in the opinion, and argues that his perspective was influenced by his wife, Fanny Holmes, who was a successful artist, working in the medium of embroidery. She describes Fanny Holmes's work, why it has been largely lost to history, and how it might have affected Holmes's opinion. Curtin's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 18: Aleksandra Artamonovskaja on the Art Market & the NFT Market

Fri, 26 Nov 2021 19:11:45 GMT

In this episode, Aleksandra Artamonovskaja, co-founder of Electric Artifacts and head of marketing at Fragcolor, discusses her work curating digital art and NFTs. Artamonovskaja begins by describing her background in the traditional art market. She explains how she became interested in digital art and NFTs, and how the rapid rise of the NFT market has changed the art world. She reflects on what those changes mean for artists and collectors. And she discusses some of the trends in the art market she finds especially interesting. Artamonovskaja is on Twitter at @aljaparis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 17: DEAFBEEF on Creating Generative Art on the Blockchain

Fri, 26 Nov 2021 01:07:36 GMT

In this episode, DEAFBEEF, an NFT artist who creates generative audiovisual art completely on the blockchain, describes his artistic process and experiences in the NFT space. Tyler begins by describing his background in engineering, computer, science, animation, and music. He explains how he has used computer code to create generative works of audiovisual art for many years. He describes how he got interested in making art on the blockchain, how he conceptualizes the blockchain in relation to his work, and how his work has been received. He reflects on his experiences in the NFT market. And he describes his plans going forward. DEAFBEEF is on Twitter at @_deafbeef.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 112: Social Security Messages

Tue, 23 Nov 2021 20:05:47 GMT

This is an LP of PSAs created by the Social Security Administration. This recording is from the Internet Archive Great 78 Project.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 16: Luke Barwikowski on Engineering NFT and Web3 Projects

Tue, 23 Nov 2021 19:50:47 GMT

In this episode, Luke Barwikowsky, a sofeware engineer and founder and CEO of pixels.online, discusses his work in the NFT space. He begins by explaining his background in software engineering. He reflects on his initial skepticism of NFTs and Web3, and why he changed his mind. He discusses his work creating different platforms, focusing on how and why he has integrated NFTs into those platforms. And he reflects on the future of the NFT space and Web3. Barwikowski is on Twitter at @whatslukedoing.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 15: Loucas Braconnier on Creating Conceptual Art NFTs

Tue, 23 Nov 2021 16:22:26 GMT

In this episode, Loucas Braconnier, an NFT artist known as Figure 31, discusses his artwork and experiences in the NFT space. He begins by describing how he got interested in coin trading and DeFi during art school. He explains how he made the transition to creating digital works in the form of NFTs. He describes the process of conceptualizing and creating works like LYAM (Last Year at Marienbad) and SALT. And he reflects on how his work is informed by the nature of the NFT medium. He discusses why the NFT market has been a benefit to himself and other artists. And he reflects on the future of the NFT market and his own work. Braconnier is on Twitter at @figure31_.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 14: Yohei Nakajima on a Venture Capitalist's Perspective on NFTs

Fri, 19 Nov 2021 03:31:16 GMT

In this episode. Yohei Nakajima, a General Partner at Untapped Capital and the creatpr of PixelBeasts, discusses his work in the NFT space. He begins by describing his experiences as a venture capitalist. He explains how he became interested in NFTs and began creating his own NFT projects. He discusses how he decided to create the PixelBeasts NFT project, and how the project developed over time. He reflects on what he learned creating the project, and how it has inflected his understanding of the NFT space. And he discusses how he sees the NFT space developing in the future. Nakajima is on Twitter at @yoheinakajima.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 13: Thibault Schrepel on Blockchain + Antitrust & NFTs

Mon, 15 Nov 2021 19:35:04 GMT

In this episode, Thibault Schrepel, Associate Professor of Law at VU Amsterdam, discusses his new book "Blockchain + Antitrust

The Decentralization Formula," which is published by Edward Elgar, as well as his perspective on NFTs. Schrepel begins by discussing how his study of antitrust law caused him to become interested in blockchain, and why he sees them as complements, rather than antagonists. He explains why regulators should take a light touch when regulating blockchain, in order to preserve its pro-competitive effects, and why participants in blockchain markets should embrace some forms of regulation, while opposing others. He also reflects on the extraordinary growth of the NFT market, how regulators should approach it, and what NFTs might be used for in the future. Schrepel is on Twitter at @LeConcurrential.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 12: Waambat on Making Digital Art & Selling NFTs

Sat, 13 Nov 2021 22:42:15 GMT

In this episode, Waambat, a digital artist currently working with NFTs, discusses her experiences in the digital art space. Waambat begins by explaining how she became interested in digital art. She describes some of her early work, and how it was exhibited in a YouTube "biennial" at the Guggenheim Museum. She explains how her work developed over time, and why she immediately saw NFTs as an attractive new model for digital art. She describes her experiences in the NFT market, including her interactions with collectors and other artists. And she reflects on the future of the NFT market as a space for artists. Waambat is on Twitter at @waambat.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 11: Jason "Artnome" Bailey on the Origins & Future of the NFT Market

Sat, 13 Nov 2021 17:39:01 GMT

In this episode, Jason "Artnome" Bailey discusses the emergence of the NFT market and his role in its development. He begins by describing the origins of his interest in art, and specifically in digital art. He discusses his involvement in digital and generative art, and his creation of the artnome.com platform for art analytics. He explains how artnome led to his interest in NFTs and how the NFT market emerged in 2017 and 2018. He describes the rapid growth of the NFT market, and the ways he has engaged with it, through projects like Green NFTs and the new Club NFT platform. He reflects on why NFTs are important and how they are reshaping how we think about art and the art market. And he speculates about the future of the NFT market. Bailey is on Twitter at @artnome.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 10: Kelani Nichole on Digital Art in the NFT Space

Sat, 13 Nov 2021 17:01:26 GMT

In this episode, Kelani Nichole, the founder of Transfer Gallery, discusses the history of digital art and how digital artists have interacted with the NFT space. She begins by briefly describing the long history of digital art and her own involvement in the curation of digital art, including at Transfer Gallery. She reflects on how the rapid growth of the NFT market has dramatically increased interest in digital art, both historical and contemporary. She explains how she approaches the curation of digital art in light of NFTs, and how she has helped artists negotiate their relationship to NFTs. She reflects on how NFTs fail to reflect or support some of the concerns about meaning and control that are important to many artists. And she discusses the future of digital art. Nichole is on Twitter at @KelaniNichole.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 9: Trent Elmore on Decentralized Finance & Digital Art

Sat, 13 Nov 2021 16:28:45 GMT

In this episode, Trent Elmore, a co-founder of JPG, the New Media Curation Protocol, discusses his work in decentralized finance and NFTs. Elmore begins by explaining his interest in art and background in advertising and decentralized finance. Among other things, he discusses YAM Finance and other decentralized finance projects he created and developed. He explains how he became interested in NFTs and his role in the creation of JPG. He discusses on the rapid growth of the NFT market and how he expects NFTs to be used in the future. And he reflects on why some people have such a negative reaction to NFTs and the NFT market. Elmore is on Twitter at @_trente_.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 8: Adam McBride on NFT Archaeology

Sat, 06 Nov 2021 16:20:21 GMT

In this episode, Adam McBride, a popular podcaster and self-described "NFT archaeologist," among many other things, discusses his book "NFT Ape," how he became interested in NFTs, and how he sees the market for NFTs. McBride begins by describing his early interest in cryptocurrency and how his interest shifted to NFTs. He explains why early NFT projects are especially desirable, and describes how he discovered some of those projects and helped bring them to market. He reflects on what people find compelling about particular NFT projects and where he expects the NFT market to go in the future. And he discusses his new book, "NFT Ape," which is available on Amazon. McBride podcasts at The Adam McBride Show and is on Twitter at @adamamcbride.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 7: Kevin McCoy on the Invention of NFTs

Fri, 29 Oct 2021 20:38:12 GMT

In this episode, Kevin McCoy, a pioneering digital artist and Associate Professor in the Department of Art and Art Professions at New York University, discusses his work on cryptographic art, in.collaboration with Jennifer McCoy. McCoy begins by describing his artistic practice and the origins of his interest in cryptographic art and the blockchain. He explains how he conceived of using the Namecoin blockchain to create a token pointing to a particular artwork in 2013, and demonstrated the creation of such a token in 2014. He describes the initial reception of that project and the first such token he created, which was titled "Quantum," and reflects on how perceptions of the project changed over time. He also explains why he thinks tokens are a transformational technology, and identifies areas in which he expects them to play an important role. McCoy is on Twitter at @mccoyspace.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 6: Abraham Sutherland on the Reporting of Cryptocurrency & NFT Transactions

Thu, 28 Oct 2021 20:12:56 GMT

In this episode, Abraham Sutherland, an independent lawyer working in the crypto space, discusses the taxation and reporting of cryptographic assets, specifically the pending proposal to require the reporting of transactions in digital assets valued in excess of $10,000. In his essay, "The Proposal to Regulate Digital Asset Transactions Should Be Struck," published in TaxNotes, and in a research report for the Proof of Stake Alliance, Sutherland argues that the extension of rules governing cash transaction to transactions in all digital assets is unworkable and nonsensical. He explains why it would have undesirable consequence, and would be practically impossible for taxpayers to satisfy.

In addition, Sutherland announces my receipt of the 2004 Law & Aesthetics Creative Writing Award in the form of an NFT, and discusses the tax and reporting implications of my award.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 5: Mitchell F. Chan on Conceptualizing the Blockchain

Thu, 28 Oct 2021 18:09:25 GMT

In this episode, Mitchell F. Chan, a prominent conceptual artist, describes his experiences creating conceptual art on the blockchain and reflects on why it is such a perfect medium for a conceptual art practice. Chan begins by explaining how he made the transition from creating works of conceptual art as large-scale installations into creating them on the blockchain. He describes how he decided in 2017 to translate Yves Klein's pioneering work of conceptual art "Zones of Immaterial Pictorial Sensibility" into an entirely new work that existed as a function of the blockchain and commentary on the relation between the art experience and art object: "Digital Zones of Immaterial Pictorial Sensibility." He reflects on the initial reception of that work, and how it came to be seen as a pioneering work of blockchain art. Among other things, he discusses his "Blue Paper" essay explaining the work. He also reflects on his more recent work, and on the future of NFTs. Chan is on Twitter at @mitchellfchan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 4: Steve Pikelny on How to Make It as a Crypto Artist

Thu, 28 Oct 2021 17:24:09 GMT

In this episode, Steve Pikelny, Internationally famous crypto artist, Jesus pamphlet collector, and CEO, CFO, CTO, COO of FastCashMoneyPlus.biz, discusses the secrets of how to make it as a crypto artist. Pikelny begins by discussing his work as an internet artist, creating websites hosting conceptual artworks informed by his experience in the financial services industry. He explains how he got interested in the nascent NFT market, and his experience working with artblocks.io. He also describes some of his new projects, and reflects on the future of NFTs. Pikelny is on Twitter at @steviepxyz.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 3: Sam Hart on Conceptual Art, the Blockchain & NFTs

Thu, 28 Oct 2021 16:42:50 GMT

In this episode, Sam Hart, a researcher, organizer, and curator working in various capacities at the Interchain Foundation and Other Internet, discusses the development of the blockchain as a medium for conceptual art and his role as an article, curator, and theorist in that space. Hart begins by describing his background in technology and conceptual art, and how his interest in blockchain developed in relation to the Occupy Wall Street movement. He reflects on how blockchain helps enable new forms of organizations, including "decentralized autonomous organizations" or DAOs. He discusses the early history of blockchain art, including his own work in that space. And he reflects on the future of the space. Hart is on Twitter at @hxrts.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 2: Charles Colman on the Law of Crypto & NFTs

Sat, 23 Oct 2021 21:37:34 GMT

In this episode, Charles Colman, a lawyer and legal scholar turned crypto investor and legal strategist discusses his path to crypto investing and his thoughts on the dynamics of the NFT ecosystem. Colman begins by explaining how he became interested in and learned about cryptocurrencies and the NFT sector. He reflects on what he sees as some of the most important legal questions in the space, with a focus on regulation. He discusses how NFTs work and why people are interested in them. And he reflects on the possible futures of the NFT marketplace. Colman is on Twitter at @CColmanLaw and @blawgchain.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Simon Indelicate on the Art & Economics of Musicianship

Sat, 23 Oct 2021 20:15:42 GMT

In this episode, Simon Indelicate, a member of the English band The Indelicates, among other things, discusses his new albums Arcadia Park and Starfield Lounge, as well as his essay "Why Your Music is Worthless (and How to Sell it Anyway)." Indelicate begins by describing the inspiration for and process of creating Arcadia Park and Starfield Lounge. He then explains how his essay "Why Your Music is Worthless (and How to Sell it Anyway)" grew out of his experience of the music industry and observations about how it was changing. The essay explains why music is no longer scarce, and how that fundamentally changed the economics of making and selling music. And he reflects on how writing the essay and putting it into practice has informed his subsequent career. Indelicate is on Twitter at @simonindelicate.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

NFT Notes 1: Sam Spike on Curating on the Blockchain

Fri, 22 Oct 2021 21:49:48 GMT

This is part of a series of episodes featuring prominent figures in the NFT and blockchain communities.

In this episode, Sam Spike, a co-founder of JPG: The New Media Curation Protocol and a curator on FingerprintsDAO, discusses his work collecting and curating NFT-based art. He begins by describing how he made the transition from studying historical conceptual art to curating conceptual art NFTs. He explains how JPG enables anyone to curate "playlists" of NFT art. He describes the mission the FingerprintsDAO and the nature of the work it collects. And he reflects on the near future of art on the blockchain. Spike is on Twitter at @_samspike_.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cathy Gellis on Internet Policy & Section 230

Fri, 22 Oct 2021 19:27:03 GMT

In this episode, Cathy Gellis, a lawyer, scholar, and legal commentator, discusses her work on internet policy and Section 230 of the Communications Decency Act. Gellis begins by explaining her work in the internet policy space. She describes the origins, purposes, and consequences of Section 230, and why it is so important to enabling free speech on the internet. She also discusses current proposals to change Section 230 and why she thinks they are a bad idea. Gellis is on Twitter at @CathyGellis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mike Masnick on Scarcity, Abundance & NFTs

Sun, 17 Oct 2021 07:53:20 GMT

In this episode, Mike Masnick, founder and CEO of the Copia Institute and editor of the Techdirt blog, discusses his work on internet governance and the economics of abundance. He begins by discussing his book "Approaching Infinity," which reflects on what it means to move from a world of scarce resources to one of infinite digital resources. He also discusses his article "Protocols, Not Platforms: A Technological Approach to Free Speech," which asks how the regulation of the internet affects its structure and use. And he describes his new project, "Newly Finite Themes," which will use both of these frames to explore how digital scarcity could create a new internet ecosystem. Masnick is on Twitter at @mmasnick.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Logan Strother on Judicial Rhetoric and Institutional Legitimacy

Thu, 14 Oct 2021 20:15:12 GMT

In this episode, Logan Strother, Assistant Professor of Political Science at Purdue University, discusses his article, "An Experimental Investigation of the Effect of Supreme Court Justices’ Public Rhetoric on Perceptions of Judicial Legitimacy," which he co-authored with Colin Glennon, as well as his other scholarship on judicial legitimacy. Strother observes that Supreme Court justices often argue that the Court is an apolitical, neutral arbiter of disputes, in order to increase the institutional legitimacy of the Court. He then presents experimental evidence showing that this legitimizing rhetoric appears to work, especially on people who agree with the outcome of the Court's decisions. Strother is on Twitter at @LoganRStrother.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Thomas J. Tobin on Copyright & Higher Education Quality

Wed, 13 Oct 2021 17:20:20 GMT

In this episode, Thomas J. Tobin, an author, speaker, and scholar of higher education quality discusses his work on copyright education and distance learning. Among other things, he discusses how became interested in distance learning, how it lead to an interest in copyright policy and education, and the different ways in which he has advanced that conversation. He also describes the process of creating his comic book "The Copyright Ninja," and how it is used by copyright educators. Tobin is on Twitter at @ThomasJTobin. He has also shared the following links:

UW-Madison Center for Teaching, Learning, & Mentoring: https://ctlm.wisc.edu/
The Pre-Raphaelite Critic: https://mathcs.duq.edu/~tobin/PR_Critic/
"Copyright for Distance Educators" (2000), Distance Learning Administration conference: http://mathcs.duq.edu/~tobin/cv/essay.dla.02.ppt
"Copyright for Distance Education" (2001), Intellectual Property and Digital Information in Higher Education: Problems and Solutions. Temple University: http://mathcs.duq.edu/~tobin/cv/essay.temple.01.rtf
Copyrightx: https://cyber.harvard.edu/teaching/copyrightx
"Training Your Faculty about Copyright when the Lawyer Isn't Looking" (2014), Online Journal of Distance Learning Administration: https://www.westga.edu/~distance/ojdla/summer172/tobin172.html
Kneece, M. (2015). The Art of Comic Book Writing: https://www.penguinrandomhouse.com/books/220559/the-art-of-comic-book-writing-by-mark-kneece/
Michael Watson, comic-book artist: https://www.facebook.com/5KWATTS
The Copyright Ninja (2017): https://squareup.com/store/thomasjtobin (US), http://mathcs.duq.edu/~tobin/cv/copyright.ninja.canada.html (Canada)

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ben Edwards on Self-Regulatory Organizations & Judicial Risk

Fri, 20 Aug 2021 04:51:26 GMT

In this episode, Benjamin P. Edwards, Associate Professor of Law and Director of the Public Policy Clinic at the University of Nevada Las Vegas William S. Boyd School of Law, discusses his draft article "Supreme Risk." Edwards explains that the United States financial markets are regulated primarily by self-regulatory organizations or "SROs" supervised by government agencies. He discusses his history of SROs, and observes that they can insulate financial markets from systemic political risk. But he notes that they are vulnerable to judicial risk, especially now that the Supreme Court seems poised to question the constitutional legitimacy of their structure. He reflects on the different potential constitutional problems, and explains how SROs can help mitigate judicial risk. Edwards is on Twitter at @BenPEdwards.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Grace McLaughlin on Nonsense Marks

Wed, 04 Aug 2021 03:42:08 GMT

In this episode, Grace McLaughlin, a recent graduate of Harvard Law School, discusses her note "Fanciful Failures: Keeping Nonsense Marks off the Trademark Register," which is published in the Harvard Law Review. McLaughlin begins by explaining what "nonsense marks" are and why some companies register them. She observes that nonsense marks frustrate the expectations of trademark doctrine, primarily because they linguistically fail to function as marks. She explains how trademark examiners should identify nonsense marks, and differentiate them from merely weak marks. And she reflects on what nonsense marks can teach us about the application of trademark doctrine. McLaughlin is on Twitter at @graceyphus.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ashley Rubin on Qualitative Research Methodology

Sat, 24 Jul 2021 19:12:24 GMT

In this episode, Ashley T. Rubin, Associate Professor of Sociology at the University of Hawai‘i at Mānoa, discusses her new book, "Rocking Qualitative Social Science: An Irreverent Guide to Rigorous Research," which is published by Stanford University Press. Rubin begins by explaining what qualitative research is, how it differs from quantitative research, and why qualitative research can answer questions that quantitative research can't. She describes what qualitative researchers do and why they do it. She covers key concepts in producing reliable qualitative data and meaningful assessment of that data. And she explains why objections to qualitative research misunderstand its methodologies and goals. Rubin's website is here, and she is on Twitter at @ashleytrubin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lee Montgomery on Making Art with Radio & More

Sat, 24 Jul 2021 18:28:17 GMT

In this episode, Lee Montgomery, Associate Professor of Experimental Art and Technology at the University of New Mexico, discusses the intersection of artistic practice and the law. Among other things, he describes his Neighborhood Public Radio project, which was featured in the 2008 Whitney Biennial, and its reception by National Public Radio. He reflects on the relationship between analog and digital communication, and how the law affects his artistic practice, and those of other artists. Montgomery's work is available here, and he is on Twitter at @bcast_version.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Eric Segall on the Hubris of the Chief Justice

Sat, 24 Jul 2021 14:36:20 GMT

In this episode, Eric J. Segall, Ashe Family Chair Professor of Law at Georgia State University College of Law, discusses his forthcoming essay "John Roberts: Hubris-in-Chief." Segall reflects on the tension between Chief Justice Roberts's reputation as an institutionalist and the radical positions he has taken in many cases. He argues that this reflects a hubris that is bad for the Supreme Court as an institution, and reflects poorly on Roberts. In particular, Roberts's opinions in cases involving affirmative action and voting rights adopt aggressive positions and distort precedent in order to reach a desired result. Segall is on Twitter at @espinsegall.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Zachary Kaufman on Digital Bad Samaritans

Sat, 24 Jul 2021 13:46:27 GMT

In this episode, Zachary D. Kaufman, Associate Professor of Law and Political Science at the University of Houston Law Center, discusses his article "Digital Age Samaritans," which is published in the Boston College Law Review. Kaufman begins by describing "bad samaritan" laws that impose liability on certain people who fail to report crimes or other harms. He observes that these laws are common, but rarely used, and poorly suited to modern form of digital communication. He discusses a case study of a sexual assault that was videostreamed live, and how bad samaritan laws could apply to digital bypasses. He also presents a model bad samaritan law for the digital age. Kaufman is on twitter at @zacharykaufman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anthony Moffa on the Empirics of Agency Rulemaking

Sat, 24 Jul 2021 12:56:17 GMT

In this episode, Anthony Moffa, Associate Professor of Law at the University of Maine School of Law, discusses his articles, "Word Limited: An Empirical Analysis of the Relationship Between the Length, Resiliency, and Impact of Federal Regulations" and "Strength In Numbers (of Words): Empirical Analysis of Preambles and Public Comments," both of which will be published in the Nevada Law Journal. Moffa presents two empirical studies of the length of agency rules, intended to test hypotheses about why individual rules have gotten longer. In the first paper, the evidence shows that length doesn't protect rules from judicial review, but is correlated with social benefit. In the second, the evidence shows that the length of the preamble of a rule is affected by the number of public comments. Moffa reflects on what we can learn from these finding, and what we might want to study going forward. Moffa is on Twitter at @AntMoffa.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 10: Herbert A. Simon, Rationality in Psychology and Economics (1986)

Fri, 23 Jul 2021 21:55:38 GMT

In 1986, the American economist, political scientist and cognitive psychologist Herbert Simon published "Rationality in Psychology and Economics" in the Journal of Business. Continuing with Simon's critique of neoclassical assumptions of economic behavior, Simon asserts that the standard of rationality used in neoclassical economic analysis is insufficient to analyze the real world. In particular, he critiques the over-use of assumptions in the works of Gary Becker and others, that he contends makes economic science unreplicable and ascientific. "Research into the decision-making process within economic organizations" won Simon the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel in 1978.

This article was read by Luce Nguyen, who is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 9: Herbert A. Simon, Organizations and Markets (1991)

Fri, 23 Jul 2021 21:53:34 GMT

In 1991, the American economist, political scientist and cognitive psychologist Herbert Simon published "Organizations and Markets" in the Journal of Economic Perspectives. It provides a critique of neoclassical and new institutional economic assumptions of organizational behavior. "Research into the decision-making process within economic organizations" won him the The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel in 1978. Simon provides a theory of organizations in economic systems in both capitalist and non-capitalist economies in this paper.

This article was read by Luce Nguyen, who is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Christine Abely on Country of Origin Designations

Fri, 23 Jul 2021 05:34:39 GMT

In this episode, Christine Abely, faculty fellow at New England Law Boston, discusses her article "E-Commerce Transactions and Country of Origin Marking for Imported Products: A Gap Between Statutory Purpose and Legal Requirements," which is published in the Virginia Journal of International Law. Abely describes the history of country of origin designations in customs law, and how they were intended to protect consumers by providing them with salient information about consumer products. She observes that consumers may not currently get as much information about the origin of products purchased online as they want or deserve. And she discusses legislative proposals to mandate additional disclosures. Abely is on Twitter at @CEAbely.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Joan Howarth on Lesbian History

Fri, 16 Jul 2021 00:50:45 GMT

In this episode, Joan Howarth, Distinguished Visiting Professor at University of Las Vegas William S. Boyd School of Law and Dean Emerita of Michigan State University College of Law, discusses her article "First and Last Chance: Looking for Lesbians in Fifties Bar Cases," which is published in the Souther California Review of Law and Women's Studies. Howarth begins by discussing the cases and archival records she used to tell the stories of lesbians living in the San Francisco Bay Area in the 1950s. She reflects on the dehumanizing language police, prosecutors, and judges used to describe gay people at the time, and how the cases still preserve a valuable record of the lives and experiences of gay people. She also discusses the process of archival research and how it can helpfully inform legal scholarship. Howarth is on Twitter at @JoanHowarth1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sharfman & Deluard on Indexing to the S&P 500

Thu, 15 Jul 2021 18:21:31 GMT

In this episode, Bernard Sharfman and Vincent Deluard discuss their article, "How Discretionary Decision-Making Has Created Performance and Legal Disclosure Issues for the S&P 500 Index." Bernard Sharfman is a Senior Corporate Governance Fellow at the RealClearFoundation, a member of the Journal of Corporation Law’s editorial advisory board, and a former Visiting Assistant Professor of Law at the University of Maryland School of Law and the Case Western Reserve University School of Law. Vincent Deluard is the global macro strategist for StoneX, where he authors weekly research reports on global macro trends, flows, European capital markets and quantitative topics. Vincent advises large pension funds and other institutional investors on asset allocation and risk management. Sharfman is on Twitter at @s_sharfman and Deluard is on Twitter at @VincentDeluard.

They discuss how the discretionary nature of the S&P 500's Index Committee creates legal and performance issues. In particular, they discuss how the exclusion of Tesla and dual-class share structures are examples of how this discretion poorly serves investors. They discuss potential proposed solutions, offer their own solutions, and conclude by discussing what investors, scholars, and policymakers should take away from their article. This episode was hosted by Luce Nguyen, who is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Nodurft, Botting & Mahn on Cybersecurity Risk Management

Wed, 16 Jun 2021 04:13:34 GMT

In this episode, Ross B. Nodurft, Senior Director of Cybersecurity Services at Venable LLP, Alexander Botting, Senior Director of International Cybersecurity Services at Venable LLP, and Amy Mahn, an international policy specialist in the United States Department of Commerce National Institute of Standards and Technology (NIST) Applied Cybersecurity Division, discuss cybersecurity risk management, especially in relation to standards-setting. They begin by describing their work, including an ongoing series of public events organized by NIST and the Center for Cybersecurity Policy and Law, bringing together cybersecurity professionals to discuss needs and best practices in managing cybersecurity risk. They explain how NIST develops standards for managing cybersecurity risk, and why those standards have been successful. And they reflect on the future of the standards-setting process. Nodurft is on Twitter at @RossNodurft, Botting is at @alexbotting, and NIST is at @NIST.

The NIST Cybersecurity Framework is available here. You can sign up for the Cybersecurity Risk Management Virtual Event Series here. And you can watch an event titled "Promoting Interoperability through Standards & Frameworks" here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Etienne Toussaint on Blackness as Fighting Words

Tue, 15 Jun 2021 06:50:13 GMT

In this episode, Etienne C. Toussaint, Associate Professor of Law at the University of the District of Columbia David A. Clarke School of Law, discusses his article "Blackness as Fighting Words," which is published in the Virginia Law Review Online. Toussaint begins by explaining how the First Amendment "fighting words" doctrine resonates with Black experience of policing and racial injustice. He observes that the state and the police treat blackness and Black dissent as a form of fighting words, excluded from protection. And he reflects on what it means for how we think about speech in relation to other constitutional rights. Toussaint is on Twitter at @EtienneT_Esq.

This episode was hosted by Maybell Romero, Felder-Fayard Associate Professor of Law at Tulane University School of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Evan Bernick on Eliminating Constitutional Law

Tue, 15 Jun 2021 03:50:10 GMT

In this episode, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown University Law Center, discusses his article "Eliminating Constitutional Law," which will be published in the South Dakota Law Review. Bernick begins by briefly describing the different ways legal theorists talk about the concept of law and how they are different. He observes that some legal theorists have argued that the law requires us to adopt particular methodologies of constitutional interpretation, and explains why he thinks they are wrong. He argues that we should eliminate reliance on legalism from constitutional decisionmaking, and reflects on what that would mean. Bernick is on Twitter at @evanbernick.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Friedman on the Bar Exam

Sat, 12 Jun 2021 00:42:48 GMT

In this episode, David A. Friedman, Associate Dean for Strategic Initiatives and Professor of Law at Willamette University College of Law, discusses his article "Do We Need a Bar Exam ... for Experienced Lawyers?," which will be published in the UC Irvine Law Review. Friedman begins by describing the controversy that erupted over the administration of the bar exam during the Covid pandemic. He observes that the bar exam is supposed to ensure consumers that lawyers are competent, but most lawyers who get disciplined for misbehavior or incompetence have decades of experience. He suggests that if we insist on testing new lawyers, we should be testing longtime lawyers as well, because they present a larger risk to the public. Friedman is on Twitter at @profdaf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ryan Muldoon on Club Goods & Democracy

Thu, 10 Jun 2021 22:58:28 GMT

In this episode, Ryan Muldoon, Director of the Philosophy, Political Science and Economics Program and Associate Professor of Philosophy at the University of Buffalo, discusses his work on club goods and democracy. Muldoon begins by explaining how club goods are different from private and public good. He observes that club goods can both increase and decrease equity and efficiency. He reflects on how to determine whether a particular club good is good or bad, and how to regulate club goods more effectively. Muldoon is on Twitter at @RyanLMuldoon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rachel Lopez on Academic Titles

Thu, 10 Jun 2021 03:52:45 GMT

In this episode, Rachel E. Lopez, Director of the Andy and Gwen Stern Community Lawyering Clinic and Associate Professor of Law at Drexel University Thomas R. Kline School of Law, discusses her essay "Unentitled: The Power of Designation in the Legal Academy," which will be published in the Rutgers Law Review. Lopez explains why academic titles matter, and how they reify academic hierarchies. She reminds us how academic hierarchies use titles. And she reflects on potential alternatives. Lopez is on Twitter at @Rachel_E_Lopez.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anya Bernstein & Glen Staszewski on Judicial Populism

Thu, 10 Jun 2021 02:23:03 GMT

In this episode, Anya Bernstein, Professor of Law at SUNY Buffalo School of Law, and Glen Staszewski, Professor of Law and A.J. Thomas Faculty Scholar at Michigan State University College of Law, discuss their article "Judicial Populism," which will be published in the Minnesota Law Review. Bernstein and Staszewski begin by explaining what they mean by populism, and why they think it is antidemocratic. They describe how populism affects judging. And they reflect on how we can avoid it. Bernstein is on Twitter at @anyabernstein.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cynthia Meyers on the Radio Blacklist

Wed, 09 Jun 2021 19:12:12 GMT

In this episode, Cynthia Meyers, Professor of Communication at the College of Mount Saint Vincent, discusses her work on the history of radio blacklisting, including her book "A Word from Our Sponsor: Admen, Advertising, and the Golden Age of Radio." Meyers explains how and why the blacklist worked, focusing on the incentives of sponsors, broadcasters, writers, and performers. She provides critical context that helps explain why sponsors and broadcasters were receptive to complaints, and why those incentives changed. Meyers is on Twitter at @AnneHummert.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Brian Larson on Endogenous Citation

Sat, 24 Apr 2021 15:06:13 GMT

In this episode, Brian N. Larson, Associate Professor of Law at Texas A&M University School of Law, discusses his article "Endogenous and Dangerous," which will be published in the Nevada Law Journal. Larson begins by observing that judicial opinions often include endogenous citations, or citations that don't appear in the briefing of either party. He presents the results of an empirical study of copyright fair use cases designed to identify when and why judges used endogenous citations. And he argues that courts should allow parties to brief endogenous citations used to support substantive conclusions. Larson is on Twitter at @Rhetoricked.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Weber on Athletes & Immigration Law

Thu, 22 Apr 2021 17:25:17 GMT

In this episode, David P. Weber, Professor of Law at Creighton University School of Law, discusses his article "Athletes in Transit: Why the Game is Different in Sports and the Visas Should be Too," which will be published in the Tulane Law Review. Weber begins by noting the scholarly consensus that immigration is generally a net positive to the national economy, and observes that this is especially true in the case of immigrant athletes, but is often frustrated by the immigration laws. He explains that there are many different visas that professional and amateur athletes can use to immigrate to or visit the United States, but that they all have problems. Among other things, they are excessively subjective, unpredictable, and unfair. He argues for reform, both by rolling back current procedure and by liberalizing athlete visas. Weber is on Twitter at @DavidPWeber.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Noah Chauvin on Free Speech & its Critics

Sun, 18 Apr 2021 22:26:56 GMT

In this episode, Noah Chauvin, a recent graduate of William & Mary Law School and a current judicial clerk, discusses his scholarship on free speech, including his article "Governments 'Erasing History' and the Importance of Free Speech," which will be published in the Northern Illinois University Law Review, and his book review, "Anthony Leaker's Against Free Speech: Shadowboxing with Free Speech Principles," which will be published in the South Carolina Law Review. Chauvin begins by reflecting on contemporary criticisms of free speech principles, identifying what he considers their strongest arguments and explaining why they are wrong. He discusses why he was disappointed by Leaker's arguments against free speech, as compared to arguments made by other critics. And he explains why we should be wary of arguments criticizing free speech principles. Chauvin is on Twitter at @NoahChauvin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jamie Abrams on Feminist Legal Pedagogy

Fri, 16 Apr 2021 21:00:14 GMT

In this episode, Jamie Abrams, Professor of Law at the University of Louisville Brandeis School of Law, discusses her articles "Legal Education's Curricular Tipping Point," which will be published in the Hofstra Law Review, and "Feminist Pedagogy in Legal Education," which will be published in the Oxford Handbook of Feminism and Law in the United States. Abrams begins by explaining how feminism and feminist theory has historically informed legal pedagogy. She reflects on how the COVID-19 pandemic has forced legal pedagogy to adapt to changed circumstances, and how many law professors have adopted reforms suggested by feminist theory. And she argues that legal pedagogy should retain those reforms, in order to become more effective and more inclusive. Abrams's scholarship is on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Seth Benzell on Regulating Facebook

Mon, 12 Apr 2021 05:01:21 GMT

In this episode, Seth G. Benzell, Assistant Professor at Chapman University Argyros School of Business and Economics, discusses his work on how to understand and regulate Facebook, which he co-authored with Avinash Collis. You can read their article, "How to Govern Facebook: A Structural Model for Taxing and Regulating Big Tech," or their white paper, "Modeling Effective Regulation of Facebook." Benzell begins by explaining how their study differs from other studies. He describes the data they collected and how they analyzed it. And he reflects on how the data enabled them to evaluate the likely effectiveness and efficiency of different approaches to regulations. Benzell is on Twitter at @SBenzell.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kurt Schneider on Lawyering from the Client's Perspective

Thu, 08 Apr 2021 02:34:41 GMT

In this episode, Kurt Schneider, former CEO of the Harlem Globetrotters, entrepreneur, and host of the Smart Drivel podcast, discusses the entertainment industry, his experiences working with lawyers, and his love of martinis. Schneider begins by explaining his background in the entertainment industry at Disney, WWE, and the Harlem Globetrotters, among other companies. He reflects on his experiences working with lawyers, including when they were helpful or not so helpful, and what he looked for in a lawyer. He discusses how entertainment industry executives think about intellectual property. And he explains why a gin martini with a twist is the perfect cocktail. Schneider is on Twitter at @KurtMSchneider8.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Amy Cyphert on Predicting Recidivism

Sat, 03 Apr 2021 22:39:03 GMT

In this episode, Amy Cyphert, Lecturer in Law and Director of the ASPIRE Office at the West Virginia University College of Law, discusses her article "Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk," which is published in the Seton Hall Law Review. Cyphert begins by explaining how the First Step Act changed the way the Department of Justice makes decisions about when to release particular people from federal prison, including in response to the COVID pandemic. Specifically, she discusses the new PATTERN system, which provides a framework for placing people in different risk categories, based on both static and dynamic features. She observes that it may be an improvement on previous, more subjective methods, but still lacks the transparency necessary to evaluate it for accuracy and bias. She argues that it is a good first step, but more steps are needed. Cyphert is on Twitter at @CyphertAmy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cathay Smith on Weaponizing Copyright

Tue, 30 Mar 2021 23:36:59 GMT

In this episode, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article "Weaponizing Copyright." Smith begins by explaining that "weaponizing" copyright is using it for non-copyright ends. In theory, copyright is supposed to be about ensuring that copyright owners reap the economic value of the works they own. But sometimes, copyright owners use their copyright to accomplish non-economic goals. Often, those goals are laudable, like punishing racist speech or removing revenge porn from the internet. But they can also be bad, especially when they involve the suppression of critical speech. Smith reflects on that tension and how it might be resolved, through the lens of many different examples. Smith is on Twitter at @CathaySmith.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Evan Bernick on Constitutional Hedging

Mon, 29 Mar 2021 23:46:28 GMT

In this episode, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown, discusses his article "Constitutional Hedging." Bernick begins by explaining that "constitutional hedging" is when judges consider the merits and demerits of multiple theories of constitutional interpretation when deciding how to answer a question, rather than pre-committing to one preferred theory. He describes how judges might engage in constitutional hedging, and observes that it may be a more systematic version of how many judges already answer constitutional questions. He also reflects on how constitutional hedging squares with different normative theories of law, as well as legal realism. Bernick is on Twitter at @evanbernick.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

J. Remy Green & Austin A. Baker on Names

Sun, 28 Mar 2021 00:01:26 GMT

In this episode, J. Remy Green, a partner at Cohen & Green PLLC and a teacher at Boston University Law and Baruch College at the City University of New York, and Austin A. Baker, a postdoctoral assistant professor at the Rutgers Center for Cognitive Science, discuss their article "There is No Such Thing as a Legal Name: A Strange, Shared Delusion." They begin by explaining how there is no universal definition of a "legal name," even though most people and institutions assume there is. They describe the different ways that the law uses names. And they argue that the law can and does allow people to use the names they want. They also reflect on the harms caused by refusing to use someone's correct name. Green is on Twitter at @j_remy_green, and Baker is at @AustinACBaker.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Brian L. Frye on Conceptual Law

Fri, 26 Mar 2021 19:31:01 GMT

In this episode, Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law, discusses the history of his professional career and the relationship between his art practice and his legal scholarship. Among other things he reflects on how he became interested in the law and how he became a copyright scholar. He explains how fair use could help art historians. And he he discusses his use of legal scholarship as a medium for conceptual art.

This episode was hosted by Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art. Buskirk is on Twitter at @martha_buskirk.

Hosted on Acast. See acast.com/privacy for more information.

Mike Dunford on Learning & Teaching Copyright Law

Thu, 25 Mar 2021 19:07:39 GMT

In this episode, Michael Dunford, a PhD student at Queen Mary University of London, discusses his copyright scholarship and his role as a copyright educator on Twitter. Dunford begins by explaining his path to studying copyright law. He describes the thesis of his dissertation, which reflects on why it's so hard to solve the policy problem posed by fanworks. He also discusses how he became an important voice on Twitter and how he sees that role. Dunford is on Twitter at @questauthority.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nicholas Bagley on Fetishizing Administrative Procedure

Tue, 23 Mar 2021 21:50:49 GMT

In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, discusses his article "The Procedure Fetish," which was published in the Michigan Law Review. Bagley begins by observing that administrative procedure has both costs and benefits. He argues that we fetishize administrative procedure, telling ourselves it provides benefits it can't deliver, at the cost of preventing agencies from regulating more effectively. He argues that administrative procedure pushes regulation in a libertarian or "status quo" direction. And he reflects on why we have chosen to put our administrative eggs in a procedural basket. Bagley is on Twitter at @nicholas_bagley.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Teneille Brown on Dying

Fri, 19 Mar 2021 06:35:53 GMT

In this episode, Teneille Ruth Brown, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses her article "Denying Death," which was published in the Arizona Law Review. Brown begins by explaining how she became interested in writing about the information doctors give cancer patients. She explains how and why doctors often given cancer patients misleading information about their diagnosis and prognosis. And she reflects on how that harms patients, by making it harder for them to make informed decisions. She makes suggestions about how doctors could provide more helpful information. And she discusses the impact of her article. Brown is on Twitter at @TeneilleBrown.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jozef White on Record Labels

Thu, 18 Mar 2021 02:35:26 GMT

In this episode, Jozef White, the founder of the Tabula Rasa Record Company, discusses the state of the music business and where it should go. He begins by explaining what the Tabula Rasa Record Company is and why he created it. He reflects on what artists want, and why some of them find Tabula Rasa attractive. And he talks about where he expects the project to go. White is on Twitter at @thejozefwhite.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Ley on the Myth of Sex Addiction

Thu, 18 Mar 2021 00:19:01 GMT

In this episode, Dr. David Ley, clinical psychologist and sex therapist, discusses the myth of "sex addiction" and his 2015 article Forensic Applications of "Sex Addiction" in US Legal Proceedings, published in Current Sexual Health Reports. He begins by discussing the history of the concept of "sex addiction," which is neither a formal diagnosis described under the DSM-V and has no standardized definition otherwise. Dr. Ley then explains how sex addiction and associated treatments are used as tools for avoiding responsibility for unhealthy and offending behavior, rather than addressing other, true causes such as narcissism. He then draws connections not only between those offering treatment for sex addiction and "pornography addiction," but also anti-masturbation movements like "NoFap," with white supremacist groups. Dr. Ley then highlights resources for sex workers to get access to sex-positive and non-judgmental mental healthcare. He closes by exhorting listeners to have deeper, more meaningful conversations about sex rather than continuing to have the "sensational, knee-jerk...blame sex" reaction so common as a response to many deeply entrenched social ills.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Felix Chang on Trusts & Estates Policy

Wed, 17 Mar 2021 05:40:37 GMT

In this episode, Felix B. Chang, Associate Dean of Faculty and Research, Professor of Law, and Co-Director of the Corporate Law Center, at the University of Cincinnati College of Law, discusses his article "How Should Inheritance Law Remediate Inequality?" Chang begins by explaining why trusts and estates law is relevant to inequality. He argues that trusts and estates law should focus on intergenerational economic mobility, and why that is the right metric. He explains how trusts & estates policy has gotten mobility wrong in the past. And he explains how it could do better. Chang is on Twitter at @changlawprof.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stephen Bainbridge on Corporate Purpose

Tue, 16 Mar 2021 01:36:40 GMT

In this episode, Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law at UCLA College of Law, discusses his article "BRT, Stakeholders and Corporate Purpose," which was published in The Corporate Board. Bainbridge begins by describing the current consensus on the legal obligations of board members, or the lack thereof. He explains why he disagrees with scholars who argue that board members should have duties to both shareholders and stakeholders. And he reflects on what his position means, as a practical matter. Bainbridge is on Twitter at @PrawfBainbridge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Teece on Static & Dynamic Competition

Thu, 11 Mar 2021 22:38:06 GMT

In this episode, David J. Teece, Thomas W. Tusher Professor in Global Business & Faculty Director of the Tusher Center for the Management of Intellectual Capital, at the University of California Berkeley Haas School of Business, discusses his draft article "Big Tech, Big Data and Competition Policy: Favoring Dynamic Over Static Competition," which he co-authored with Nicolas Petit. Teece begins by explaining the concepts of static and dynamic competition. He observes that conventional competition policy has focused on static competition, and argues that is a mistake, because dynamic competition produces much larger long-terms gains. He suggests that policy should focus on long-term consumer welfare and the encouragement of dynamic capabilities. Teece is on Twitter at @David_J_Teece.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Courtney Cox on Lying

Tue, 09 Mar 2021 00:37:25 GMT

In this episode, Courtney Cox, Associate Professor of Law at Fordham University School of Law, discusses her article "Legitimizing Lies." Cox begins by observing the people disagree about what counts as a lie in the first place, depending on their normative concerns. She observes that the law sometimes requires lies, for example in the context of trade secret law. She explains that lying is a "dual-use technology" that can be good or bad, depending on how it is used. And she reflects on what different kinds of lies can teach us about regulation of lying. Cox is on Twitter at @CoxLaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ann Bartow & Ryan Vacca on Justice Ginsburg's Copyright Jurisprudence

Sun, 07 Mar 2021 14:13:04 GMT

In this episode, Ann Bartow and Ryan Vacca, who are both Professors of Law at the University of New Hampshire Franklin Pierce School of Law, discuss their article "Ruth Bader Ginsburg's Copyright Jurisprudence." They begin by explaining why they decided to write an article about Justice Ginsburg, and specifically about her copyright jurisprudence. The survey her impact on copyright law, and reflect on how her copyright jurisprudence reflects her broader approach to judging, pointing to themes like intergovernmental deference, incrementalism, and stoicism, among other things. They also push back against the conventional wisdom that Justice Ginsburg was only every pro-copyright. Bartow is on Twitter at @profabartow.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Faisal Chaudhry on Property as Rent

Sat, 06 Mar 2021 17:51:03 GMT

In this episode, Faisal Chaudhry, Assistant Professor of Law & History and Hanley Institute Sustainability Scholar at the University of Dayton, discusses his article "Property as Rent," which will be published in the St. John's Law Review. Chaudhry begins by explaining the differences between the classical and neoclassical economic concepts of rent. He reflect on how the economic concepts of rent and property changed. And he explains why the classical concept of rent and property can help us better understand the existing securitized market for real estate and how to fix it.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Martha Buskirk on Art & Copyright

Sat, 27 Feb 2021 01:19:43 GMT

In this episode, Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art, discusses her new book "Is It Ours?: Art, Copyright, and Public Interest," which will be published by the University of California Press. Buskirk begins by reflecting on why art and copyright should care about each other. She describes particular examples of tension between the two, including the work of artists like Jeff Koons, Richard Prince, and Cady Noland, among others. And she explains how reflecting on that tension can help us better understand both art and copyright, and what we want them to achieve. Buskirk is on Twitter at @martha_buskirk.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Judge Lee Rudofsky on the Work of a Federal Judge

Thu, 25 Feb 2021 19:44:20 GMT

In this episode, Judge Lee Rudofsky of the United States District Court for the Eastern District of Arkansas discusses the work of a federal judge. Judge Rudofsky begins by describing his path to the judiciary, as well as the nomination and confirmation process. He explains the experience of learning how to do the job of judging and what he looks for in a law clerk. And he reflects on the kind of judge he wants to be.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

James Baker on Artificial Intelligence & National Security Policy

Tue, 23 Feb 2021 18:55:17 GMT

In this episode, the Honorable James E. Baker, Professor of Law at Syracuse University College of Law, Director of Institute for Security Policy and Law, and Professor of Public Administration in the Maxwell School of Citizenship and Public Affairs, discusses his new book "The Centaur’s Dilemma: National Security Law for the Coming AI Revolution," which is published by the Brookings Institution Press. Baker begins by explaining why he thinks artificial intelligence requires us to think about the relationship between people and machines in new ways. He describes some of the national security implications of artificial intelligence technology and its implementation. And he reflects on how policymakers should think about those questions.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Steve Fuller on the Post-Truth Condition

Fri, 19 Feb 2021 21:57:43 GMT

In this episode, Steve Fuller, Professor of Sociology at the University of Warwick, discusses his new book, "A Player's Guide to the Post-Truth Condition: The Name of the Game" which is published by Anthem Press. Fuller begins by explaining what he means by the "post-truth condition," and how it affects the way we think about the production of knowledge. He observes that democracy implies a decentralization of the production of knowledge, and reflect on how that is in tension with "academic rentiership." He also discusses how the pandemic has made the post-truth condition especially salient. And he offers some suggestions on how scholars can embrace the post-truth condition, rather than fighting it. Fuller is on Twitter at @ProfSteveFuller.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Robert Anderson on Analytics for Law Review Submissions and Publishing

Wed, 17 Feb 2021 00:13:40 GMT

In this episode, Robert Anderson, Professor of Law at Pepperdine University Caruso School of Law, introduces ScholarSift, a new analytics platform for law reviews he created with co-founder Trent Wenzel. He discusses initially identifying the need for a platform like ScholarSift and distinguishes it from other search functions with which listeners may already be familiar, while relating the basic mechanics of use. He describes how ScholarSift's algorithm is different than those used by other services and how it can lead to greater citation counts for women, people of color, and other scholars from marginalized communities. He then predicts how ScholarSift could lead to curtailing the volume of submissions made to law reviews by legal scholars, lightening the burden on both authors and law reviews. He also explains how it could be a useful tool for law students even outside the law review context. Anderson is on Twitter at @ProfRobAnderson.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Michael Higdon on Migratory Divorce

Fri, 12 Feb 2021 00:30:58 GMT

In this episode, Michael Higdon, Associate Dean for Faculty Development and Professor of Law at the University of Tennessee Knoxville College of Law, discusses his article "If You Grant It, They Will Come: The History and Enduring Legal Legacy of Migratory Divorce." Higdon begins by explaining what migratory divorce is, and why it developed in response to the family law of the 19th and early 20th century. He describes political and legislative responses to migratory divorce, and why the practice eventually came to an end with the adoption of no-fault divorce. And he argues that the story of migratory divorce can illuminate other areas of family law. Higdon is on Twitter at @MichaelJHigdon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Scott Shapiro on Representing Documentary Filmmakers

Thu, 11 Feb 2021 03:04:42 GMT

In this episode, Scott J. Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, discusses the DocProject, a new program of the Media Freedom and Information Access Clinic at Yale Law School. Shapiro describes the origins of the DocProject, and the kinds of advice it provides to documentary filmmakers about potential liability. He explains why that kind of advice is so important for documentary filmmakers, and provides suggestions about when filmmakers should start thinking about those issues. Shapiro is on Twitter at @scottjshapiro.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Steph Tai on Regulating the Meaning of Meat

Fri, 05 Feb 2021 02:52:05 GMT

In this episode, Steph Tai, Professor of Law at the University of Wisconsin Law School, discusses their article "Legalizing the Meaning of Meat," which is published in the Loyola University Chicago Law Journal. Tai begins by explaining the historical development of the meaning of meat, and different kinds of foods that have been considered meat in different places at different times. They continue by describing the current state of meat alternative foods, including plant-based, insect-based, and cultured foods. They outline current efforts to define the meaning of meat legislatively and why those efforts have largely failed. And they reflect on broader philosophical questions on how and why the meaning of the term "meat" matters. Tai is on Twitter at @YoStephTai.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Giorgio Angelini, Arthur Jones & Louis Tompros on Matt Furie & Pepe the Frog

Wed, 03 Feb 2021 03:10:22 GMT

In this episode, Giorgio Angelini and Arthur Jones, the filmmakers of the documentary "Feels Good Man," which won the Sundance 2020 Special Jury Prize, and Louis Tompros of WilmerHale, discuss artist Matt Furie, his character Pepe the Frog, Pepe's memeification and appropriation by the alt-right, and Furie's legal battle to save Pepe. They describe Furie's creation of the Pepe character, how Pepe became an internet meme, and why Pepe became a symbol of hate speech. They describe how Furie used copyright law to prevent the commercialization of Pepe by alt-right pundits, focusing on the legal strategy and how they explained their theory of the case to the court. Angelini is on Twitter at @giorgieangelini and Tompros is on Twitter at @LouisTompros.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Bashar Malkawi on National Security and International Trade

Thu, 07 Jan 2021 23:40:12 GMT

In this episode, Bashar Malkawi, Global Professor of Practice in Law at the University of Arizona James E. Rogers College of Law, discusses his work on national security and international trade. He begins by explaining why national security exception to international trade agreements can be a problem, especially national boycotts. He claims that the arguments in favor of broad boycotts are unconvincing and that they should be avoided. And he reflects on how international organizations can discourage boycotts and other trade restrictions. Malkawi's article "Economic Boycotts: The Interaction of National Security and International Economic Law" is forthcoming in the Academy of Legal Studies in Business National Proceedings (2021).

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Joseph Diedrich on the Chevron & the Rational Basis Test

Wed, 30 Dec 2020 20:42:27 GMT

In this episode, Joseph S. Diedrich, an Associate at Husch Blackwell LLP, discusses his article "Separation, Supremacy, and the Unconstitutional Rational Basis Test," which will be published in the Villanova Law Review. Diedrich begins by explaining what the rational basis test is and where it came from. He argues that it violates the separation of powers, by absolving courts of the obligation to judge in certain cases. And he analogizes to the Chevron Doctrine to explain why that is a problem. Diedrich is on Twitter at @JSDiedrich.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mary Hannon on Diversifying the Patent Bar

Mon, 28 Dec 2020 19:33:13 GMT

In this episode, Mary T. Hannon, a law student at DePaul University College of Law and patent agent at Marshall, Gerstein & Boren LLP, discusses her article "The Patent Bar Gender Gap: Expanding the Eligibility Requirements to Foster Inclusion and Innovation in the U.S. Patent System," which is published in IP Theory. Hannon begins by explaining what the Patent Bar is, why it matters, and how one becomes a member. She observes that the qualifications for becoming a member of the Patent Bar are antiquated and arbitrary, and effectively exclude many women, for no good reason. She argues that reforming those requirements would increase the diversity of the patent bar and reflect the realities of innovation in the modern era. Hannon is on Twiter at @marythannon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stephen Griffin on "Optimistic Originalism"

Tue, 22 Dec 2020 21:48:22 GMT

In this episode, Stephen M. Griffin, W.R. Irby Chair and Rutledge C. Clement Jr. Professor in Constitutional Law at Tulane University Law School, discusses his article "Optimistic Originalism and the Reconstruction Amendments," which will be published in the Tulane Law Review. Griffin begins by describing what he calls "optimistic originalism," or originalism that argues the "rights revolution" of the 20th century is consistent with the original meaning of the Reconstruction Amendments. Griffin explains the argument presented by optimistic originalists, why it is historically unconvincing, and how we should think about constitutional change.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

University of Chicago Law Review Online Symposium, Episode 3: COVID-19 and Criminal Justice

Sat, 19 Dec 2020 17:35:38 GMT

In a special partnership with The University of Chicago Law Review Online and the Academy for Justice, Ipse Dixit brings you a three part series on COVID-19 and Criminal Justice. This symposium of essays, hosted by The University of Chicago Law Review Online, was organized by the Academy for Justice. The contributors include leaders of criminal justice and health law centers, and scholars of criminal legal systems, whose works discuss the intersection of Criminal Justice and the COVID-19 pandemic. Contributors include Valena E. Beety (ASU), Brandon L. Garrett with Deniz Ariturk and William E. Crozier (Duke), Sharon Dolovich (UCLA), Maybell Romero (Northern Illinois), Pamela R. Metzger with Gregory J. Guggenmos (SMU Deason Center), Barry Friedman (NYU) with Robin Tholin, and Jennifer Oliva (Seton Hall).

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 3 of the resulting three part series, Romero speaks with Deniz Ariturk and William Crozier about their piece coauthored with Brandon Garrett, Virtual Criminal Courts, and Pam Metzger and Greg Guggenmos about their piece, COVID-19 and the Ruralization of U.S. Criminal Court Systems. Ariturk is a researcher at the Duke Law Center for Science and Justice and the Duke Moral Attitudes and Decision Making Lab, and Crozier the Research Director at Duke’s Center for Science and Justice. Metzger is the inaugural Director of the Deason Criminal Justice Reform Center at SMU Dedman School of Law, and Guggenmos is as consulting statistician at Deason.

Crozier is on Twitter at @WilliamCrozierIV, Metzger at Friedman at @ProfPamMetzger, and Romero at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Anat Alon-Beck on Alternative Venture Capital

Fri, 18 Dec 2020 20:59:45 GMT

In this episode, Anat Alon-Beck, Assistant Professor of Law at Case Western Reserve University School of Law, discusses her article "Alternative Venture Capital: The New Unicorn Investors," which will be published in the Tennessee Law Review. Alon-Beck begins by explaining how she became interested in unicorn firms and their financing. She describes the rise of unicorn firms and how they have affected the investment landscape. She reflects on recent efforts to make it easier for retail investors to invest in private offerings. And she argues that regulators should be careful about how they proceed. Alon-Beck is on Twitter at @anatalonbeck.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

University of Chicago Law Review Online Symposium, Episode 2: COVID-19 and Criminal Justice

Fri, 18 Dec 2020 15:07:15 GMT

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 2 of the resulting three part series, Romero speaks with Jennifer Oliva about her piece, Policing Opioid Use Disorder in a Pandemic, and Barry Friedman about his piece, Policing the Pandemic. Oliva is an Associate Professor at Seton Hall Law where she specializes in health law and policy, FDA law, drug policy, evidence, and complex litigation. Friedman is a Professor of Law at NYU, and is the founding director of NYU’s The Policing Project, which works with all stakeholders to ensure that policing is transparent, equitable, and democratically accountable.

Oliva is on Twitter at @jenndoliva, Friedman at @barryfriedman1, and Romero at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Remco Heesen & Liam Bright on Peer Review

Fri, 18 Dec 2020 02:03:25 GMT

In this episode, Remco Heesen, Senior Lecturer in Philosophy at the University of Western Australia School of Humanities, and Liam Kofi Bright, Assistant Professor in the Department of Philosophy, Logic, and Scientific Method at the London School of Economics, discuss their article "Is Peer Review a Good Idea?," which is published in the British Journal for the Philosophy of Science. They begin by explaining what peer review is, how it came to be, and what it is supposed to accomplish. They observe that peer review doesn't appear to actually deliver any of its purported benefits, and comes with many costs. They argue that we should eliminate pre-publication peer review, and use other methods of evaluating the quality of scholarship. For more information, see their subsequent article "Jury Theorems for Peer Review," which they co-authored with Marcus Arvan. Bright is on Twitter at @lastpositivist, Heesen is at @RemcoHeesen, and Arvan is at @MarcusArvan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

University of Chicago Law Review Online Symposium, Episode 1: COVID-19 and Criminal Justice

Thu, 17 Dec 2020 14:03:46 GMT

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 1 of the resulting three part series, Romero speaks with Sharon Dolovich about her piece, Mass Incarceration, Meet COVID-19, and Valena Beety about her piece, Pre-Trial Dismissal in the Interest of Justice: A Response to COVID-19 and Protest Arrests. Dolovich is Professor of Law at UCLA, and the founding director of the UCLA Prison Law and Policy Program, which is just entering its 7th year. She also spearheads the UCLA Law COVID-19 Behind Bars Data Project. Professor Beety is professor of law at Arizona State University Sandra Day O’Connor College of Law and the deputy director of the Academy for Justice, a criminal justice center connecting research with policy reform.

Dolovich is on Twitter at @SharonDolovich, Beety at @valenabeety, and Romero at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Gregory Dickinson on Online Liability

Wed, 16 Dec 2020 00:12:55 GMT

In this episode, Gregory M. Dickinson, a Fellow at the Stanford Law School Program in Law, Science and Technology, discusses his article "Rebooting Internet Immunity," which will be published in the George Washington Law Review. Dickinson begins by explaining what Section 230 of the Communications Decency Act does and why it was enacted. He reflects on how it has shaped the evolution of the internet, and why many people increasingly think it needs to be amended or repealed. He proposes a revision of Section 230 to focus the immunity it provides on content moderation, and not more traditional product liability claims.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 111: The Devil & Daniel Webster (1938)

Tue, 15 Dec 2020 23:56:23 GMT

This episode of Columbia Workshop, a dramatization of Stephen Vincent Benet's The Devil and Daniel Webster, first aired on August 6, 1938.

Hosted on Acast. See acast.com/privacy for more information.

Katya Assaf Zakharov and Tim Schnetgoke on Graffiti

Tue, 15 Dec 2020 00:15:18 GMT

In this episode, Katya Assaf Zakharov, Assistant Professor of Law in the Hebrew University of Jerusalem Faculty of Law and the DAAD Center for German Studies, and Tim Schnetgoeke, a professional photographer, discuss their article "Reading the Illegible: Can Law Understand Graffiti?," which will be published in the Connecticut Law Review. They begin by explaining what graffiti is and what makes it unique. They observe that copyright law and other legal doctrines lack the capacity to property account for graffiti and its motives. And they argue that there should be a right to create graffiti, in order to transform urban spaces.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Clark Neily on Judicial Engagement

Mon, 14 Dec 2020 22:54:51 GMT

In this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his book, "Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government," which is published by Encounter Books. Neily begins by explaining how judges decided constitutional questions, and how they distinguish between different kinds of constitutional questions. He observes that some constitutional claims get real judicial review, and others get "fake" judicial review, under the "rational basis" test. He argues that the rational basis test is an abdication of judicial responsibility, and that it should be eliminated. Neily is on Twitter at @ConLawWarrior.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Virginia Postrel on the History of Textiles

Tue, 08 Dec 2020 22:40:22 GMT

In this episode, Virginia Postrel, an award-winning journalist and independent scholar, discusses her new book "The Fabric of Civilization: How Textiles Made the World," which is published by Basic Books. Postrel begins by explaining why fabric, a product we now take for granted, used to be very costly. She discusses the different technologies that enabled the mass-production of fiber, thread, fabric, and dyes. And she describes the social technologies that facilitated the distribution of fabric. She also reflects on the social meaning of fabric, and potential future developments in the area. Postrel is on Twitter at @vpostrel.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lori Johnson & Melissa Love Koenig on Aristotle & the Ethics of Narrative

Sat, 05 Dec 2020 23:58:06 GMT

In this episode, Lori D. Johnson, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, and Melissa Love Koenig, Associate Professor of Legal Writing at Marquette University Law School, discuss their article "Walk the Line: Aristotle & The Ethics of Narrative," which is published in the Nevada Law Journal. They observe that the power of narrative can conflict with the duty of zealous representation and the attorney's duties as an office of the court. And they explain how attorneys can draw on wisdom from Aristotle's Ethics to avoid this problem. Johnson is on Twitter at @LoriDelandeyJ.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rod Blagojevic on Law School Exams

Fri, 04 Dec 2020 02:17:22 GMT

On December 3, 2020, Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law, commissioned Rod Blagojevich, former Governor of Illinois, to create a Cameo for her criminal law class. The result is truly epic.

Hosted on Acast. See acast.com/privacy for more information.

Guha Krishnamurthi on Confessions

Thu, 03 Dec 2020 18:46:06 GMT

In this episode, Guha Krishnamurthi, Assistant Professor of Law at South Texas College of Law Houston, discusses his article "The Case for the Abolition of Criminal Confessions," which was honored in the 2021 AALS scholarly papers competition. Krishnamurthi begins by explaining why confessions are terrible evidence of guilt. He observes that criminal defendants often have incentives to falsely confess, and that juries give confessions far more weight than they deserve. He defines confessions as admissions of guilt, not other kinds of evidence. And he argues that we should exclude confessions from criminal trials. Krishnamurthi is on Twitter at @GGKrishnamoomoo.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Brian Leiter on Judicial Decisionmaking

Fri, 27 Nov 2020 21:28:07 GMT

In this episode, Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, Director of the Center for Law, Philosophy, and Human Values at the University of Chicago Law School, discusses his article "The Roles of Judges in Democracies: A Realistic View," which is published in the Journal of Institutional Studies, and will appear in his forthcoming book From a Realist Point of View. Leiter begins by observing that realism about democracy ought to cause us to reject concerns about countermajoritarianism. He argues that judges must exercise discretion in decisionmaking, and makes suggestions about how progressive judges should think about exercising discretion. Leiter is on Twitter at @BrianLeiter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Liam Sunner on Trade Agreements, Human Rights & Intellectual Property

Thu, 26 Nov 2020 01:34:59 GMT

In this episode, Liam Sunner, Assistant Lecturer in the Maynooth University Department of Law, discusses his work on international trade agreements, human rights, and intellectual property. He describes the introduction of human rights clauses in international trade agreements, as well as neo-colonialist critiques of their use. He observes that countries are increasingly forming international intellectual property agreements, which may also incorporate a human rights element. And he reflects on how human rights principles should guide international intellectual property agreements. Sunner is on Twitter at @iamshirtacus.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Copyright in a Nutshell for Artists & Filmmakers

Tue, 24 Nov 2020 05:11:41 GMT

Copyright in a Nutshell for Artists & Filmmakers

Brian L. Frye

Introduction

Hello! Welcome to this introduction to copyright for artists and filmmakers. I’m Brian L. Frye. I’m a professor of law at the University of Kentucky College of Law, where I teach copyright law, among other things. But I’m also an artist and a filmmaker. I earned an MFA in film from the San Francisco Art Institute, was included in the 2002 Whitney Biennial, and co-produced the documentary film Our Nixon, which premiered at SXSW and was broadcast on CNN. So, I understand copyright not only from the perspective of a lawyer, but also from the perspective of an artist and a filmmaker.

The purpose of this lecture is to help you understand copyright law and how it affects artists and filmmakers. Hopefully, they will provide practical information that will be useful for practicing artists and filmmakers. Obviously, I can’t even begin to explain all of copyright law in an hour. But I will address the most important concepts and help you understand how they apply to art and movies.

I’ll begin by asking why copyright exists in the first place. There are lots of ways to answer that question. For example, some people think the purpose of copyright is to help authors profit from their works. Other people think it’s to help authors control the use of their works. And still others think it’s to benefit the public, by encouraging authors to create works in the first place. Maybe all of those reasons are true. Often, they all point to the same answer. But sometimes they conflict with each other. And when they do, we have to ask which reason is the most important and why.

Next, I’ll ask what copyright protects. The answer is, almost everything! Copyright protects the original elements of a work of authorship. But it is very forgiving. Essentially, an element of a work is original so long as it isn’t copied from another work.

I’ll ask how you get a copyright, and what you should do once you have one. The answer is, it’s easy! As soon as you create a work, you own a copyright in all of its original elements. No need to do anything else. But you can and should register the work with the Copyright Office, if you think it might have commercial value, because you usually can’t enforce your copyright without registering it.

I’ll ask how long a copyright lasts. The answer is, almost forever! Currently, the copyright term is usually the life of the longest-lived author of a work, plus an additional 70 years. The exception is that copyright in works created for an employer lasts 95 years from creation or 120 years from publication, whichever expires first. When the copyright term ends, a work falls into the public domain, which means that anyone can use it in any way they like, without asking permission.

I’ll ask what copyright does. The answer is, it gives authors certain exclusive rights to use the works they create. Specifically, copyright gives authors the exclusive right to copy, sell, and show their works, as well as the exclusive right to create new works based on their works. Of course, authors can sell those rights to others. And there are also certain limits on their exclusive rights, including fair use.

I’ll ask what counts as copyright infringement. The answer is, any use of a work that violates one of the exclusive rights of the copyright owner may be infringing, unless the owner gave permission. In other words, copying a work, selling copies of a work, and presenting a work to the public all may be copyright infringement. Likewise, using elements of a work to create a new work may also be copyright infringement, if the new work is sufficiently similar to the original.

I’ll ask what happens to copyright infringers. The answer is, nothing good! The copyright owner can not only force them to stop infringing, but also force them to pay damages. Copyright owners who prove infringement are always entitled to actual damages, but many copyright owners are also entitled to statutory damages, which may be substantial, even if the cost of the infringement was trivial.

And I’ll ask what fair use is and why it matters. The answer is that it’s the most important exception to copyright infringement, because it ensures that copyright permits free speech. Among other things, the First Amendment prevents the government from limiting speech, without a really good reason. Copyright necessarily limits speech, by preventing people from using works in certain ways without permission. Fair use says that copyright owners can’t stop people from criticizing or discussing their works.

Obviously, there’s a lot more to copyright than these eight questions. But I think they will help you better understand what copyright is for, what it protects, what it prohibits, and what it permits. And maybe most importantly, I hope they encourage you to ask what copyright actually does, whether it is effective, and how we could improve it.

What is Copyright?

You may have heard people talk about “intellectual property,” a blanket term for ownership of expressions and ideas. Copyright is a kind of intellectual property that protects original works of authorship. Other kinds of intellectual property include patent, which protects novel inventions and discoveries, trademark, which protects distinctive marks used in commerce, and trade secret, which protects confidential commercial information. While we refer to all of these things as intellectual property, they don’t really have anything to do with each other, other than that they all protect “knowledge goods,” or valuable concepts.

People often confuse the different kinds of intellectual property. That’s a problem, because they protect different things in different ways. For example, in order to get a patent, you have to describe your invention to the Patent Office and explain why it is new. If you get a patent, it can only protect the new thing you invented, and other people can use your invention to create other new things. In order to get a trademark, you have to use a symbol in a way that communicates information to consumers. For example, you could use the word “apple” to tell consumers who made a computer. Or you could use the word “amazon” to tell consumers who is selling a book. For what it’s worth, a commercial publisher uses the phrase “in a nutshell” to identify its legal study aids, but they did not publish this lecture or essay, and I have nothing to do with them. Are you confused?

Anyway, copyright gives authors ownership of the works they create. Or rather, copyright says that no one can copy, sell, or show a protected work, without the 7author’s permission. Copyright has existed for a long time, more or less since the printing press made it possible to publish books. Copyright forced publishers to compete by selling different books, rather than by selling the same books for lower prices.

The Constitution gave Congress the power to create copyright in the United States, and it did. In the United States, copyright is created almost entirely by federal law. While most other countries have also created copyright, different countries protect copyright in different ways. However, most countries have joined the Berne Convention for the Protection of Literary and Artistic Works, which provides some common ground.

People disagree about the purpose of copyright. In the United States, most people think the purpose of copyright is to encourage authors to create new works. If copyright didn’t exist, people wouldn’t have to pay for works of authorship, and it would be hard for authors to make a profit. Copyright means authors can force people to pay, which encourages them to create more works. This is an economic theory of copyright, because it says that the purpose of copyright is to benefit the public, by encouraging authors to produce works the public wants.

But many people think the purpose of copyright is really to protect authors. Some people think that authors have a natural right to own and control the works they create. After all, a work doesn’t exist until an author creates it. Surely people ought to be able to control the things they create? Other people think authors ought to be able to control the use of the works they create, because they express the autonomy and personality of the author. Why shouldn’t people be able to control the use of their ideas and expressions? These are moral theories of copyright, because they say the purpose of copyright is to protect the rights of authors.

Theories of copyright matter, because they shape what copyright protects and prohibits. We decide what copyright should do by asking what copyright is for. Often, economic and moral theories of copyright reach the same results. But sometimes they don’t. For example, the economic theory of copyright says people can use a work, so long as they pay for it. But the moral theories say authors can stop people from using their works, even if they are willing to pay. So, is copyright about compensation or control? As always, it depends. But how we answer that question shapes both copyright and the freedom of speech.

What Does Copyright Protect?

Copyright protects original works of authorship fixed in a tangible medium. That’s a mouthful, but it doesn’t mean much. As a practical matter, copyright protects just about everything you create. Obviously, copyright protects books, songs, paintings, and movies. But that’s not all. Copyright protects a lot more besides. Every email, tweet, instagram, tiktok, snapchat, and text is also protected by copyright, so long as it’s arguably unique, even in the most trivial way.

But I’ll be more specific. The Supreme Court held that a work of authorship is original and can be protected by copyright only if it was independently created by the author of the work and reflects some minimal degree of creativity. Independently created just means not copied. Even the most banal work is independently created, so long as it isn’t a copy of another work. After all, most emails aren’t copied, and every snapshot is by definition unique.

Of course, copyright also requires creativity. While it’s unclear what creativity requires, it clearly doesn’t require much. The Supreme Court held that copyright couldn’t protect a white pages telephone directory, because it totally lacked creativity. But it implied that copyright could protect anything else.

Some works of conceptual art might not be protected by copyright, if they are sufficiently abstract. But the overwhelming majority of works are obviously protected. As a rule of thumb, if your work consists of more than an abstract idea, it’s almost certainly protected by copyright.

What’s more, copyright protects every original part of a work. So, if you create a work, you own the work as a whole, but you also own all of the original elements of the work. Obviously, copyright protects the sentences in a literary work and the images in a pictorial work, but it may also protect a particular way of expressing an idea in literary or pictorial form.

But copyright can’t protect abstract ideas, only particular expressions of those ideas. In other words, as the elements of a work get more abstract, they get less copyright protection, until they get none at all. Or rather, copyright can protect a particular way of expressing an idea, but can’t protect the idea itself.

An important thing to remember is that copyright only protects intangible works of authorship, not particular copies of those works. So, copyright protects the text of a novel, not particular books. But copyright also protects the intangible work of authorship expressed in a painting or sculpture, not the physical object itself.

How Do You Get a Copyright?

I bet you’ve heard people talk about copyrighting their work of authorship or telling you to copyright something you’ve created. They don’t know what they’re talking about. Copyright isn’t a verb. You can’t copyright anything, because copyright automatically protects works of authorship, as soon as they are created and recorded.

The Copyright Act provides that copyright protects original works of authorship fixed in a tangible medium. In other works, as soon as you create something and create a record of what you created, it’s protected by copyright, automatically. You wrote down a poem? It’s protected by copyright. You recorded a song? It’s protected by copyright. You made a video? It’s protected by copyright.

Of course, you can also register your work with the Copyright Office. Registration doesn’t create copyright ownership. But it does give copyright owners certain valuable rights, including the right to sue for copyright infringement, and the right to demand statutory damages, as opposed to actual damages, which may often bee nominal.

Copyright registration is easy and relatively inexpensive, and you can do it online. If you’ve created a work you think might have commercial value, it might make sense for you to register it. You might even be able to register several works at the same time. But you don’t need to register your works in order to own a copyright in them. And it probably doesn’t make sense to register them, unless you want to be able to stop people from using them without your permission.

Anyway, whether or not a work is registered, the author can only own the original elements. Sometimes, they are quite valuable, but more often than not, they aren’t. More often than not, copyright is a way for people to accept that the dream is over, because no one is offering a better deal.

Who Owns a Copyright?

In theory, copyright ownership is simple. If you create a work of authorship, you own the copyright in the work you created. But in practice, it can get complicated. After all, some works are created by many different people, and many works are created for an employer.

When people create a work together, everyone who participates is an author and a copyright owner, so long as they contribute an original element that copyright can protect and everyone agrees they are a co-author. So, if you have the idea for a work, but don’t actually participate in creating it, you aren’t an author or copyright owner, because copyright can’t protect ideas. And if you edit a work created by someone else, you aren’t an author or a copyright owner, unless the original author agrees.

Co-authors own the copyright in a work jointly. In other words, all of the authors own the entire work collectively, and all of the authors can use the work in any way they like, so long as they don’t harm the value of the work, and share any profits with the other owners. Of course, the owners of a work can make more complicated agreements about how to use the work and share profits, as well.

If a work is created by an employee for an employer, then it is a “work made for hire,” and the employer is the author for the purpose of copyright ownership. For some works, like movies, everyone can agree that the work is a work made for hire in a signed contract. But many works, like books and paintings, can be works made for hire only if the person who creates them is actually an employee, which usually means they have to be on payroll.

Copyright is a property right, so it can be transferred, like any other property right. While the author of a work is the initial copyright owner, the author can transfer copyright ownership to someone else. Authors can even transfer copyright ownership before they even create a work. In addition, copyright owners can transfer as much or as little of their copyright as they want. If you own the copyright in a movie, you can sell it to someone else, or you can sell part of the copyright, like the right to show the movie in a particular place, in a particular way, for a particular period of time.

When authors sell their copyright in a work, they may eventually be able to get it back. The Copyright Act allows authors to terminate the transfer of copyright after 25 years, by following certain procedures. However, the person who created a work can terminate its transfer only if they were the initial author and copyright owner. In other words, an employee can’t reclaim the copyright in a work made for hire, because they were never the author in the first place.

How Long Does a Copyright Last?

The length of copyright protection has gradually increased over time. Initially, copyright lasted 14 years, but could be renewed for another 14 years. Every once in a while, Congress made the copyright last longer, until it lasted 56 years. Then, in 1976, Congress revised the Copyright Act to make copyright last until all of the authors of a work died, plus an additional 50 years. And in 1998, Congress made copyright last an additional 20 years.Today, copyright usually lasts for the life of the author or authors of a work, plus an additional 70 years. However, because the author of a work made for hire is usually a company, copyright in those works lasts for 95 years from publication or 120 years from creation, whichever ends first.

When the copyright in a work ends, it enters the public domain, which means no one owns it anymore, and anyone can use it in any way they like. Every year, on January 1, works published 95 years earlier enter the public domain. So, in 2020, works published in 1925 entered the public domain.

In theory, copyright is supposed to ensure that works are available to the public, by giving copyright owners an economic incentive to publish them. But in reality, most of the works protected by copyright aren’t worth anything when they are created, and even those that are worth something quickly lose their value. As a result, many works are unavailable, because the copyright owner can’t be bothered to publish them. But copyright means that no one else can publish them either. Scholars have observed that public domain works are far more widely available than works protected by copyright, precisely because people can make them available without worrying about infringement.

Many people think copyright lasts too long and protects too many things. They think more works should be in the public domain and people should be able to use copyrighted works more freely. Unfortunately, the law isn’t on their side. Congress assumes people want to own whatever they create, and tends to make copyright stronger and longer, rather than shorter and weaker. In fact, the Copyright Act doesn’t even provide a way for people to put works they own in the public domain.

Accordingly, people who want less copyright protection created Creative Commons licenses, which enable copyright owners to give people permission to do things copyright prohibits. After all, if copyright owners can sell their rights, they can also give them away. The most popular Creative Commons license is the CC-BY license, which permits people to use a work in any way they like, so long as they credit it to the author. But there is also a CC0 version, which declares a work to be in the public domain.

What Does Copyright Do?

Copyright gives copyright owners the exclusive right to use the work they own in certain ways. That’s why we call it a property right. It creates the right to exclude people from using a work without permission. Broadly speaking, copyright gives copyright owners four exclusive rights: reproduction, distribution, presentation, and adaptation.

The reproduction right is the essence of copyright. It says that copyright owners have the exclusive right to create copies of the works they own. In order to use a work, you need a copy of it. The reproduction right enables copyright owners to control access to a work by controlling the creation of copies. Of course, it is often observed in the breach. People often create copies of works, without even realizing they are infringers. After all, if you’ve ever created a mixtape for your friend, or written down the lyrics of your favorite song, you’ve infringed the reproduction right.

The distribution right reflects the reality of copyright ownership. The primary purpose of copyright is to enable copyright owners to profit from the works they own. Accordingly, copyright owners care about commercial uses of their works, but don’t care about private uses. The distribution right gives copyright owners the exclusive right to distribute copies of their works to the public. Or to put it more bluntly, only copyright owners can sell copies of their works.

The most important limitation on the distribution right is the first sale doctrine, which says that copyright owners can only control the distribution of a particular copy of their work the first time it is sold. The first sale doctrine is why we have used bookstores and record stores. Only the copyright owner can create and sell copies of a book or record. But once they sell a copy, it’s just a thing, and the owner can sell it like any other thing.

The transition from physical to digital media is a problem for copyright, because it’s unclear how to distinguish between a work and copies of a work. It used to be that copyright protected a story or a song, but not a particular book or record. But what is the difference between a story and text file, or a song and an audio file? What does it mean to own a digital file, if anything?

The internet is also a problem for copyright because it makes reproducing and distributing works essentially free. Back in the day, it was expensive to make copies of a work and make them available. Now, it’s effortless and free. Suddenly, copyright ownership is pure profit, with little or no risk, once a work proves popular. But how much should copyright owners be able to charge, as their costs evaporate? Copyright was designed for a world in which reproduction and distribution were costly. Does it make any sense in a world where they are free?

The presentation right gives copyright owners the exclusive right to publicly display or perform the works they own. It used to be that public display and performance was how copyright owners made money. For example, when people went to movie theaters, the public performance right enabled movie producers to profit from every screening. Today, the public display and performance rights are important primarily because they supplement the distribution right.

The adaptation right gives copyright owners the exclusive right to create derivative works, or new works based on a work they own. Typically, that means translating a work into a different language, transforming it into a different medium, or creating a sequel. But the adaptation right is much broader. It gives copyright owners the exclusive right to use any original element of the work they own, which means every sentence of a book, riff in a song, or sequence in a movie might be protected by copyright.

Almost everything we create is a derivative work, even though we don’t realize it. The Copyright Acts says that a derivative work is a work that incorporates an original element of a previously existing work. Well, most works owe at least something to an existing work. And quoting or paraphrasing an existing work is a great way to make your work a derivative work, at least from a copyright perspective. We tell ourselves that works are original, but in reality almost all of them are based on something else. And we like it that way. People tend to like familiar things, and dislike weird ones. Most people don’t like creativity all that much. A little bit is fine, but don’t overdo it.

Anyway, while most people think copyright protects works as a whole, it actually protects every element of a work, no matter how small, as long it qualifies for copyright protection. Of course, copyright protects almost everything, so almost every element of a work is protected by copyright, whether or not the author even realizes it. For better or worse, any element of a work that makes people think about the work is probably protected by copyright, and lots more besides!

Copyright also gives artists special protections. In 1990, Congress passed the Visual Artists Rights Act, which gave artists the rights of attribution and integrity, in order to bring United States copyright law in line with the Berne Convention. The attribution right enables artists to prevent plagiarism and the right of integrity enables artists to prevent the destruction of their works. But VARA doesn’t really do all that much. It only applies to unique works, only protects important works, and can be waived by the artist. When a work is valuable, the owner usually wants to attribute and protect it. The only time VARA really matters is when the owner of a work wants to get rid of it. Many recent VARA disputes involve graffiti. When a property owner wants to demolish a decorated building, in order to create a new one, who’s in the right? It all depends on how you think about copyright ownership.

What Is Copyright Infringement?

Copyright is a property right. The primary purpose of copyright is to prevent people from using a work without permission. And any commercial use of a work might be infringing. But of course, it depends. In order to prove copyright infringement, a copyright owner has to show the defendant actually copied a protected element of the work, and that the works are similar, because of the copied element.

Actual copying matters, because most works are similar to each other. Or rather, copyright only protects the original elements of a work, but most works aren’t all that original, and people have a disconcerting tendency to arrive at the same ideas at the same time. Sometimes, works are similar because of copying. But often, it’s just a coincidence. It’s not unusual for people to have similar ideas at the same time.

But copyright infringement also requires substantial similarity. In other words, a new work infringes a previously existing work only if it actually copies elements of the previously existing work, and is substantially similar to that work, because of what it copied.

Different courts have different ideas about how to identify substantial similarity. Some courts identify the protected elements that the allegedly infringing work copied, and ask whether copying those elements constitutes infringement. Other courts just compare the two works, and ask whether they are similar. Obviously, how you ask the question affects the outcome. On one level, more copyright protection is good for artists and filmmakers, because it enables them to exercise more control over their works, and claim more profits. But on another level, its bad, because copyright makes it harder for artists and filmmakers to use existing works in order to create new works.

More often than not, artists and filmmakers want to have it both ways. They want to be able to use existing works when it’s convenient. But they also want to control the use of the works they create. How should we square the circle? Should we let authors control how people use their works, or should we let people use works however they like?

You’ve probably heard about plagiarism. It’s similar to copyright infringement, but different. Copyright gives authors certain rights to control how their works are used, in order to enable them to make a profit from selling their works. Plagiarism norms allow people to copy and use works without permission. They only require attribution. But if you copy a work without attribution, the plagiarism police will make you sorry.

Notably, plagiarism norms protect works and elements of works that copyright can’t protect. Copyright can’t protect ideas, but plagiarism norms do. Copyright says you can copy ideas willy-nilly. But the plagiarism police will punish you if you copy ideas without attributing them to their “owner.” Similarly, copyright says you can use public domain works in any way you like, but the plagiarism police disagree. For example, copyright says that I can publish The Importance of Being Earnest by Brian L. Frye. After all, it’s a public domain work, and I can use it in any way I like. But plagiarism norms say I can’t, and the plagiarism police would punish me if I tried.

What Happens to Copyright Infringers?

Copyright enables copyright owners to profit from their works. But it also lets them force other people to shut up. When a copyright owner notices that someone is using their work without permission, they can tell them to stop. If the work is registered with the Copyright Office, they can also file an infringement action. Even if you prove infringement, it can be hard to prove damages. But the Copyright Act enables copyright owners who register their works to claim statutory damages, which can be substantial, even if there is no evidence of actual harm. In fact, statutory damages can be as much as $150,000 per infringement, although courts usually award less. Still, the risk of damages can encourage defendants to settle, even if the infringement claim is weak.

Copyright owners can also seek an injunction, to prevent an infringer from using their work. The problem is that injunctions can infringe free speech. After all, copyright owners are usually happy for people to use their works. If they want people to stop, it’s usually because they want to control what people have to say. But sometimes, people use copyright because they don’t have any other choice. For example, some people have used copyright to suppress images and videos of themselves. It’s understandable that people would use any tool available to protect themselves. But should they have to rely on copyright? After all, it applies to some offensive works, but not others. Or should we find another way to suppress offensive works?

But the internet has its own rules. Many people think the internet is a copyright-free zone. Wrong! But it can be hard to enforce copyright on the internet, not only because so many internet users are anonymous, but also because the internet is just too vast to monitor.

Anyway, most copyright owners want to stop popular platforms like YouTube and the Internet Archive from providing infringing content. Not to mention illicit pirate sites. In 1998, Congress passed the Digital Millennium Copyright Act or DMCA. Among other things, section 512 of the DMCA gave websites a safe harbor to protect them from copyright infringement liability for third-party content. Under the DMCA, if a copyright owner tells a website that someone has uploaded an infringing file, the website is immune from liability if it takes down the content. If the person who uploaded the content objects to the takedown, the copyright owner has to file an infringement action. If they don’t the website can restore the file.

What is Fair Use?

Copyright prevents people from using works without permission. But copyright has many exceptions. The most important exception is fair use, which provides that people can use works without permission, if they have a good reason. Essentially, copyright says that copyright owners have an exclusive right to use the works they own in order to make money. But fair use says that everyone else has a right to use those works in order to talk about them, so long as they aren’t competing with the copyright owner.

In other words, copyright says that the copyright owner of a book has the exclusive right to reproduce and sell copies of the book. But the fair use doctrine says that other people have the right to copy parts of the book in order to criticize it, or comment on its reception. Fair use ensures that copyright owners can’t abuse copyright, by preventing them from asserting copyright claims against infringers who are engaging in protected speech.

The fair use doctrine has existed for a long time. In fact, a version of the fair use doctrine is probably as old as copyright itself. After all, when publishers invented copyright in the 17th century, it reflected industry norms and expectations, same as always. When copyright became a property right, rather than a cartel norm, courts recognized certain exceptions, which came to be known as fair use. And when the United States created copyright law, courts read fair use into the statute.

Eventually, Congress codified the fair use doctrine in the Copyright Act of 1976. At least in theory, the codification wasn’t supposed to change the law. Among other things, it identified four factors that courts should consider when determining whether an unlicensed use of a copyrighted work is a protected fair use:

Whether the use transforms the original work;
Whether the original work is factual or fictional;
How much of the original work is used; and
Whether the new work is a substitute for the original work.

Typically, the first factor is the most important. Courts tend to ask whether the use of a work is transformative. If they answer yes, it’s almost always a fair use. The problem is that no one knows what “transformative” means. Sometimes, a use is transformative if consumers can tell the difference between the original work and the new work. But sometimes it isn’t. After all, a court held that Blurred Lines infringed Got to Give It Up, even though no one could possibly confuse the two songs. Sure, they are similar, but they aren’t the same. Transformativeness says changing a work avoids copyright infringement, but it doesn’t tell us how much change is necessary.

At the end of the day, courts don’t actually rely on the fair use factors, any more than they rely on any other doctrinal test. In reality, they ask themselves whether a use is infringing, and use the test to explain their decision. So, a use is transformative if the judge thinks it should be protected, and not transformative if the judge thinks it should be infringing.

The Supreme Court has explicitly recognized that copyright owners can’t prevent people from making fun of their works. But it hasn’t done a great job of explaining the scope of the fair use doctrine. Many people think fair use protects parody, and little more. They’re wrong. Fair use can protect any critical use of a work that isn’t a substitute for the work it criticizes.

Many people are critical of fair use. Some of them think it goes too far. After all, why should people be able to use a copyrighted work without permission, or even paying a licensing fee? But others think it doesn’t go far enough. The copyleft advocate Lawrence Lessig famously referred to fair use as “the right to hire a lawyer,” because it can be hard to know whether you are protected, and expensive to defend yourself, if a copyright owner disagrees.

But copyright maximalists and copyright skeptics both go too far. Yes, there’s a lot of copyright infringement, and it can be hard for copyright owners to stop it. But works are made to be used. And users have rights too, whether or not authors like it. For example, fans can and should be able to use the works they love to create new works, especially when they do it for free. Sure, some authors don’t like it. But when you create a popular work, public commentary comes with the territory.

As for copyright skeptics, they’re right that fair use can be dangerous ground. But at the same time, we do fair use all the time, without even thinking about it. After all, quoting an article is technically infringing, but fair use. And yet, we don’t think of it that way. Rather, we just think of it as non-infringing. The purpose of fair use is to force us to have a conversation about the kinds of uses we want copyright owners to be able to control, and the kinds of uses we want to protect.

And things have begun to change, especially for filmmakers. Thanks to the efforts of copyright lawyers like Michael Donaldson, filmmakers who claim fair use can insure themselves against the risk of copyright litigation. If you can insure yourself against a risk, you can safely ignore it. As a consequence, filmmakers take full advantage of the fair use doctrine.

Artists have always ignored copyright, using whatever they like to create their works. As Picasso famously observed, good artists copy, but great artists steal. Actually, he probably lifted the quip from someone else. The point is that artists usually don’t care about copyright, because they typically create and sell unique objects, not copies. But some artists have been hit with copyright infringement actions anyway. Andy Warhol copied the image he used for his popular Flowers paintings, and ultimately paid a licensing fee. More recently, Jeff Koons and Richard Prince have been sued for copyright infringement, with mixed results. Maybe artists need a way to insure themselves against copyright infringement actions, too?

At the end of the day, the purpose of the fair use doctrine is to ensure that people can use copyrighted works in productive ways. Does it always accomplish that goal? No. But at the very least, fair use encourages people to think about what copyright is supposed to do, and what it is supposed to accomplish.

Hosted on Acast. See acast.com/privacy for more information.

Carmen Gonzalez on Climate Change & Migration

Mon, 23 Nov 2020 22:54:41 GMT

In this episode, Carmen G. Gonzalez, Morris I. Leibman Professor of Law at Loyola University Chicago School of Law, discusses her article "Climate Change, Race, and Migration," which is published in the Journal of Law and Political Economy. Gonzalez begins by explaining the relationship between capitalism and climate change. She observes that the global North has a moral obligation to address climate change. And she argues that the current models for addressing the problem are inadequate. She advocates for an approach based on self-determination.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Ian Ross on Street Culture & Convict Criminology

Sat, 21 Nov 2020 03:56:48 GMT

In this episode, Dr. Jeffrey Ian Ross, Professor in the School of Criminal Justice and College of Public Affairs and Research Fellow at the Center for International and Comparative Law and the Schaefer Center for Public Policy at the University of Baltimore, discusses his work on street culture and convict criminology. Ross begins by explaining the study of street culture as an academic discipline, and how it can inform our understanding of urban sociology. He then describes the field of convict criminology, or criminology from the perspective of people with personal experience with the criminal justice system. Among other things, he explains how incarcerated, formerly incarcerated, and criminal justice affected people bring a critical perspective to criminology. Ross is on Twitter at @jeffreyianross.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tara Leigh Grove of Versions of Textualism

Thu, 19 Nov 2020 01:37:44 GMT

In this episode, Tara Leigh Grove, Charles E. Tweedy, Jr. Endowed Chairholder in Law at the University of Alabama School of Law, discusses her article "Which Textualism?," which is published in the Harvard Law Review. Grove begins by explaining the conventional understanding of statutory interpretation as a disagreement between purposivism and textualism. She observes that there is a split within textualism between formalistic and flexible approaches, and points out that different versions of textualism can reach different results, as in Bostock v. Clayton County (2020). She argues that formalistic textualism is better, because it constrains judges more effectively and hews more closely to the legislative process. Grove is on Twitter at @TaraLeighGrove1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Elizabeth Berenguer on Critical Legal Rhetoric

Wed, 18 Nov 2020 04:07:15 GMT

In this episode, Elizabeth Berenguer, Associate Professor of Law at Stetson University College of Law, discusses her article "Gut Renovations: Using Critical and Comparative Rhetoric to Remodel How the Law Addresses Privilege and Power," which is co-authored by Lucy Jewel and Teri A. McMurtry-Chubb, and which will be published in the Harvard Latinx Law Review. Berenguer begins by explaining how traditional legal rhetoric encodes troubling assumptions. She explains how alternative forms of rhetoric can help us question discriminatory policies and advance justice and equality. And she provides some examples of how we can implement alternative rhetorical forms. Berenguer is on Twitter at @BerenguerProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ilan Wurman on the Fourteenth Amendment

Tue, 17 Nov 2020 01:19:33 GMT

In this episode, Ilan Wurman, Associate Professor of Law at Arizona State University Sandra Day O'Connor College of Law, discusses his new book "The Second Founding: An Introduction to the Fourteenth Amendment," which is published by Cambridge University Press. Wurman begins by explaining his concept of constitutional originalism and how it applies to the 14th Amendment. He discusses the concepts of due process, equal protection, and privileges and immunities, and explains how his interpretation differs from the conventional wisdom. He explains why his interpretation is more consistent with the original meaning of the 14th Amendment. And it reflects on why it might be an appealing approach, especially given a conservative Supreme Court. Wurman is on Twitter at @ilan_wurman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Roy Shapira on Law & Reputation

Sat, 14 Nov 2020 17:54:56 GMT

In this episode, Roy Shapira, Associate Professor at IDC Herzliya in Israel, discusses his book "Law and Reputation: How the Legal System Shapes Behavior by Producing Information," which is published by Cambridge University Press. Shapira begins by describing the law and economics argument that reputation effects can make legal enforcement unnecessary, as well as responses to that argument. He observes that neither approach captures the true relationship between law and reputation, which is a kind of feedback loop, in which each informs and enables the other. He describes how that relationship works, how it produces information, and how we can make it more effective.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Etienne Toussaint on Justice and Community Economic Development

Sat, 14 Nov 2020 00:48:19 GMT

In this episode, Etienne C. Toussaint, Associate Professor of Law at the University of the District of Columbia David A. Clarke School of Law, discusses his article "Dismantling The Master’s House: Toward A Justice-Based Theory of Community Economic Development," which is published in the University of Michigan Journal of Law Reform. Drawing on personal experience, Toussaint begins by describing the history of community economic development, and how typically employs place-based and person-based approached. He discusses new approaches to community economic development, including social impact bonds. And he argues that all of these approaches fail to develop communities, because they rely on neoclassical and neoliberal models of value, rather than justice and the values that inhere in communities themselves. Toussaint is on Twitter at @EtienneT_Esq.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Marie-Amélie George on the LGBTQIA Movement

Sat, 14 Nov 2020 00:10:49 GMT

In this episode, Marie-Amélie George, Assistant Professor of Law at Wake Forest Law, discusses her article "Expanding LGBT," which will be published in the Florida Law Review. George begins by providing a brief history of the LGBT movement. She introduces the concept of LGBTQIA, which includes queer, intersex, and asexual persons. She explores how those identities broaden and complicate sexual and gender identity. And she reflects on how they can be incorporated. George is on Twitter at @ProfMAGeorge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alex Sinha on Progressive Virtue Ethics

Wed, 11 Nov 2020 02:28:59 GMT

In this episode, G. Alex Sinha, Assistant Professor of Law at Quinnipiac University School of Law, discusses his article "Virtuous Law-Breaking," which will be published in the Washington University Jurisprudence Review. Sinha begins by explaining what virtue ethics and virtue jurisprudence are, and how they differ from other ethical and jurisprudential theories. He observed that virtue ethics is often used to justify politically conservative beliefs, but argues that it can also justify progressive beliefs, especially when viewed through the lens of self-respect. Sinha is on Twitter at @AlexSinha.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 110: Guy A. Thompson, Address on the Laying of the Cornerstone of the Supreme Court Building, October 13, 1932

Tue, 10 Nov 2020 17:17:21 GMT

On October 13, 1932, Guy A. Thompson, President of the American Bar Association, delivered an address in Washington, D.C., on the occasion of the laying of the cornerstone for the new Supreme Court Building. The address was recorded on an acetate disc, which was donated to the Supreme Court by Thompson's grandson. The recording begins with a reporter setting the scene, followed by Thompson's address. The acetate disc is currently in the collection of the Supreme Court of the United States. Many thanks to Professor Zvi S. Rosen of SIU Law for bringing this recording to my attention, and to Matthew Hofstedt and Fred Schilling of the Supreme Court of the United States for making the recording available to me.

Hosted on Acast. See acast.com/privacy for more information.

Samantha Zyontz on Patent Trolls and the Alice Decision

Mon, 09 Nov 2020 21:52:11 GMT

In this episode, Samantha Zyontz, postdoctoral research fellow in intellectual property at Stanford Law School and a fellow of the Stanford Center for Law and the Biosciences, discusses her new article Does Alice Target Patent Trolls?, coauthored with Mark Lemley. They argue that the Supreme Court’s 2014 patent-eligibility decision in Alice v. CLS Bank has had a mixed impact, including some surprising results. Dr. Zyontz explains that biotechnology and life science-related patents are more likely than software or IT-related patents to survive an Alice challenge in court litigation. However, it is individual inventors and inventor-started companies—not patent trolls—who are most likely to lose their patents. The full article has been accepted to the Journal of Empirical Legal Studies and is available on SSRN. Dr. Zyontz is on Twitter at @SZyontz.

Hosted on Acast. See acast.com/privacy for more information.

Dan Burk on AI, Art & Creativity

Fri, 06 Nov 2020 23:30:13 GMT

In this episode, Dan L. Burk, Chancellor’s Professor of Law and Faculty Director of the AI Global Public Policy Institute at the University of California Irvine School of Law, discusses his article "Thirty-Six Views of Copyright Authorship, By Jackson Pollock," which will be published in the Houston Law Review. Burk begins by explaining the origin of his article in a short story by Roger Zelazny, focusing on Hokusai's series of 36 paintings of Mount Fuji. He observes that focusing on how copyright works in practice can help us understand its relation to creative practice more effectively than thinking about it as an abstraction. And he reflects on how AI presents new challenges to received wisdom about how creativity works.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ezra Rosser on Legal Academia

Thu, 05 Nov 2020 23:32:59 GMT

In this episode, Ezra Rosser, Professor of Law and Associate Dean of the Part-Time and Evening Division at American University Washington College of Law, discusses his essay "On Becoming 'Professor:' A Semi-Serious Look in the Mirror," which was published in the Florida State University Law Review. Rosser begins by explaining the context in which he wrote the essay. He reflects on storytelling and the form of legal scholarship. And he explains how his perspective has changed since he wrote the essay. Rosser is on Twitter at @EzraRosser.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mike Madison on Soccer, Law & Technology

Thu, 05 Nov 2020 23:04:12 GMT

In this episode, Michael J. Madison, Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh School of Law, discusses his article "Fair Play: Notes on the Algorithmic Soccer Referee," which will be published in the Vanderbilt Journal of Entertainment & Technology Law. Madison begins by explaining how the rules of soccer or "football" give the referee a degree of discretion absent from other professional sports. He observes that the introduction of video playback is changing how the rules of soccer are administers, and he reflects on what the "polycentric" decisionmaking of soccer can tell us about integrating AI and other technology into the law.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Colin Starger on Pretrial Detention

Mon, 02 Nov 2020 22:29:32 GMT

In this episode, Colin Starger, Professor of Law at the University of Baltimore School of Law, discusses his essay "The Argument that Cries Wolfish," which is published in the MIT Computational Law Report. Starger begins by explaining what pretrial detention is and why it is a problem. He describes his empirical study, which shows that many innocent people are detained before trial, with inadequate evidence of guilt. And he argues that this practice is inconsistent with the constitutional principle of innocent until proven guilty. Starger is on Twitter at @ColinStarger.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

F.E. Guerra-Pujol on Adam Smith in Love

Mon, 02 Nov 2020 21:49:15 GMT

In this episode, Enrique Guerra-Pujol, Associate Instruct of Law at the University of Central Florida College of Business, discusses his draft article "Love and Liberty: A Short History of Adam Smith in Love." Guerra-Pujol begins by explaining who Adam Smith was, focusing on his prominence as a moral philosopher. He explains how little we know about Smith's personal life, and presents new evidence suggesting that Smith had two unhappy love affairs. And he reflects on how Smith's personal life can inform our understanding of his moral philosophy. Guerra-Pujol is on Twitter at @lawscholar.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rachel Slepoi on Bostock & Gender Theory

Sun, 01 Nov 2020 22:25:02 GMT

In this episode, Rachel Slepoi, a law student at the University of Virginia School of Law, discusses her article "Bostock's Inclusive Queer Frame," which will be published in the Virginia Law Review Online. Slepoi begins by explaining what happened in Bostock, and how it grew out of Title VII jurisprudence on the meaning of "sex." She reflects on how the Court's textualist opinion in Bostock relates to gender theory. And she reflect on what Bostock means for the future of Title VII and gender jurisprudence. Slepoi is on Twitter at @timorousathome.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Josh Douglas on Voting Rights Litigation

Fri, 30 Oct 2020 01:12:01 GMT

In this episode, Joshua A. Douglas, Ashland, Inc-Spears Distinguished Research Professor of Law at the University of Kentucky College of Law, discusses his essay "Undue Deference to States in 2020 Election Litigation." Douglas begins by outlining the election litigation happening this year, and reflects on the likelihood of further litigation. He explains how federal courts evaluate the constitutionality of state action affecting the right to vote, in relation to other fundamental rights. He argues that the standard is too deferential, and that courts should put a higher burden on states to justify their actions. And he outlines different ways of achieving that goal. Douglas is on Twitter at @JoshuaADouglas.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Taleed El-Sabawi on Alternatives to Policing

Wed, 28 Oct 2020 22:49:12 GMT

In this episode, Taleed El-Sabawi, Assistant Professor of Law at Elon University School of Law, discusses her article, "A Model for Defunding: An Evidence-Based Statute for Behavioral Health Crisis Response," which she co-authored with Jennifer J. Carroll. El-Sabawi begins by explaining the need to reform police response to behavioral health crises. She describes her study of the Portland, Oregon CAHOOTS program, which uses trained mental health professionals rather than police. She observes that it is safer and more effective than police response, which was essentially a default approach. And she provides suggestions about how to make a broader transition to a new approach. El-Sabawi is on Twitter at @el_sabawi.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ian Ayres & Fredrick Vars on Reducing Gun Violence

Tue, 27 Oct 2020 00:30:11 GMT

In this episode, Ian Ayres, Deputy Dean and William K. Townsend Professor of Law at Yale Law School, and Fredrick E. Vars, Ira Drayton Pruitt, Sr. Professor of Law at the University of Alabama School of Law, discuss their new book "Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights," which is published by Harvard University Press. They begin by explaining that their book explores methods of reducing gun violence that rely on voluntary choice, rather than coercion. Among other things, they propose giving people the ability to voluntarily relinquish their gun rights, which they argue would prevent many deaths caused by suicide. They also offer other proposals that would recognize the right of property owners to exclude guns from their property.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tarra Simmons on Redemption & Running for Office

Mon, 26 Oct 2020 20:08:13 GMT

In this episode, Tarra Simmons, an attorney and candidate for Washington State Representative, discusses her experiences running for public office. She begins by describing her incarceration, how she came to attend law school, and how she successfully fought for admission to the Washington Bar. She reflects on her experiences, and how they inform her legislative priorities, especially in relation to criminal justice reform. And she offers thoughts for those who find themselves in her former circumstances. Simmons is on Twitter at @TarraSimmons5.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kathryn Brown on Art, Money & Aesthetic Atheism

Fri, 23 Oct 2020 22:11:59 GMT

In this episode, Kathryn Brown, Lecturer in Art History and Visual Culture at Loughborough University, discusses her article "Disappearing acts: Fictitious capital, aesthetic atheism, and the artworld," which is published in the Journal of Visual Art Practice. Brown begins by briefly describing the history of the relationship between art and markets. She argues that "aesthetic atheism" has turned art objects into financial instruments. And she asks how that shift has affected the way museums collect and display art. Brown is on Twitter at @arthistory_kjb.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rory Van Loo on Regulating the Internet

Fri, 23 Oct 2020 02:29:45 GMT

In this episode, Rory Van Loo, Associate Professor of Law at Boston University School of Law, discusses his article "Federal Rules of Platform Procedure," which will be published in the University of Chicago Law Review. Van Loo begins by describing how internet companies regulate the content produced by their users, reflecting on some examples of mishandled decisions. He explains the incentives for internet companies, in relation to the incentives for older industries. And he argues that there may be room for more robust regulatory interventions. Van Loo is on Twitter at @RoryVanLoo.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nathan Richardson on Deference

Thu, 22 Oct 2020 18:48:40 GMT

In this episode, Nathan D. Richardson, Associate Professor of Law at the University of South Carolina School of Law, discusses his article "Deference is Dead (Long Live Chevron)," which will be published in the Rutgers Law Review. Richardson begins by explaining what Chevron deference is an how it is supposed to work. He observes that courts don't seem to actually observe Chevron deference in many circumstances. And he asks whether that is a problem. Richardson is on Twitter at @ndrichardson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Adrian Ho on Open Access Casebooks

Wed, 21 Oct 2020 00:52:13 GMT

In this episode, Adrian Ho, Director of Digital Scholarship at the University of Kentucky Library, discusses the library's alternative textbook grant program and its focus on open educational resources. Ho explains why open access is important and how it benefits students. He describes the University of Kentucky's program to promote open access scholarship. And he reflects on the future of the program.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

evelyn douek on Proportionality & Probability in Content Moderation

Fri, 09 Oct 2020 19:49:27 GMT

In this episode, evelyn douek, Lecturer in Law and doctoral candidate at Harvard Law School, discusses her article "Governing Online Speech: From 'Posts-As-Trumps' to Proportionality and Probability," which will be published in the Columbia Law Review. douek begins by explaining how internet platforms have typically relied on a categorical approach to content regulation, and why it has failed. She argues that they should adopt an approach that is relies on proportionality and is sensitive to probability. She observes that this will also require more transparency, but could produce far more effective content moderation policies. douek is on Twitter at @evelyndouek.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Burstein, Rajec & Sawicki on Writing an Open-Access Patent Law Casebook

Fri, 09 Oct 2020 16:35:40 GMT

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, Sarah R. Wasserman Rajec, Professor of Law at William & Mary Law School, and Andres Sawicki, Professor of Law at the University of Miami School of Law, discuss their draft, open-access Patent Law casebook, which will be available for adopting for the Fall 2021 semester. You can read a chapter from the casebook here. Among other things, they explain the goals of the casebook, and why it is important to create and assign open-access casebooks. Burstein is on Twitter at @design_law, Rajec is at @SarahRajec, Sawicki is at @apublicgood, and the casebook is at @PatentLawBook.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mihailis Diamantis on Corporate Insanity

Thu, 08 Oct 2020 22:33:29 GMT

In this episode, Mihailis Diamantis, Associate Professor of Law at the University of Iowa College of Law, discusses his article "The Corporate Insanity Defense," which will be published in the Journal of Criminal Law and Criminology. Diamantis observes that nothing about the insanity defense prevents its application to a corporation. He argues that in some circumstances, corporations fail to control their agents, despite making the best possible effort. In some circumstances, the corporation is arguably "insane" because it lacks the volition to make a wrongful act. Under those circumstances, it would be counterproductive to punish the corporation. Diamantis is on Twitter at @ProfDiamantis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mason Marks & Dustin Marlan on the Regulation & Use of Psychedelics

Thu, 08 Oct 2020 19:25:13 GMT

In this episode, Mason Marks, Assistant Professor at Gonzaga University School of Law and Edmond J. Safra/Petrie-Flom Center Joint Fellow-in-Residence at Harvard University, and Dustin Marlan, Assistant Professor at University of Massachusetts College of Law Dartmouth, discuss their work on the regulation and use of psychedelics. Marks's scholarship is available here, and Marlan's scholarship is available here. They begin by explaining what psychedelics are and their emerging medical uses. They reflect on the strict regulation of psychedelics, and how it limits research into medical uses, as well as infringing on civil liberties. Marks in Twitter at @MasonMarksMD and Marlan is at @DustinMarlan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Muñiz, Wright & Alvarado on Conflicts in Joint JD/PhD Programs

Wed, 07 Oct 2020 23:53:02 GMT

In this episode, Raquel Muñiz, Assistant Professor at Boston College Lynch School of Education and Human Development, Dwayne Kwaysee Wright, Visiting Assistant Professor of Higher Education Administration at the George Washington University, and Rafael Alvarado, a graduate student at Pennsylvania State University, discuss their article, "Joint Identities?: A Self-Case Study of the Professional Identity Development of J.D./Ph.D. Professionals in Education Law," which they co-authored with Vanessa Miller and J. Queen McGrew, and which will be published in the Journal of Law & Education. They begin by explaining the different experience of being a law student and a graduate student in education, and how it creates conflicts that can result in a divided professional identity. They discuss their self-study of that experience, and how it could help schools better integrate those disciplines.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jen Reise on Teaching Transactional Lawyering Remotely

Tue, 22 Sep 2020 21:11:51 GMT

In this episode, Jennifer Randolph Reise, Visiting Professor of Law at Mitchell Hamline School of Law, discusses her article "Moving Ahead: Finding Opportunities for Transactional Training in Remote Legal Education," which will be published in the William Mitchell Law Review. Reise explains how teaching transactional lawyering requires a different approach than teaching litigation. She reflects on how the pandemic and remote learning have created both challenges and opportunities for adopting new methods in legal pedagogy. And she describes some of her own approaches to teaching transactional lawyering remotely in a business associations class. Reise is on Twitter at @JenReise.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Pierre Schlag on the Law Review Article as Literary Form

Tue, 22 Sep 2020 12:52:05 GMT

In this episode, Pierre Schlag, University Distinguished Professor & Byron R. White Professor of Law, discusses his article "The Law Review Article," which is published in the University of Colorado Law Review. Here is the abstract:

What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.

Drawing upon methodological advances and new learning far beyond anything thought previously possible, we investigate “the law review article” qua genre. What is it? What does it do? What are its implications? How does it make you feel?

By teasing out the infrastructural determinations section by section, we demonstrate rigorously that there is both far more (and far less) going on than meets the eye. In what is the first instance in the history of the United States (and perhaps the world) we describe in each section of the law review article (e.g., Part I, Part II) whatever that description is performing. This is what we mean by “performative study.”

With this approach, the reader can experience first-hand what the law review article does to him or her IRL. In a more conventional vein, it is hoped that this Article will be useful to junior legal scholars, young scholars’ workshops, elite law school boot camps, faculty evaluation committees, associate deans for research, law review editors and law school deans everywhere.

The article closes with a call for improvements to the law review genre, cooperative federalism, daylight savings time, and the nature of the universe generally. The article is addressed not merely to The Court, but to The President, to Congress, and, of course, to “We the People.” Perhaps more than anything, we call for further sustained study of “the law review effect.” A sequel, entitled “Dissertation Disease,” is currently contemplated in order to undertake a similar study of the University Press Monograph.

Among other things, Schlag reflects on whether "The Law Review Article" is actually a law review article, or something else; how the form of legal scholarship determines the content of legal scholarship; and why legal scholarship is so banal.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alfred Steiner on the Practice of Law & the Practice of Art

Thu, 17 Sep 2020 22:16:43 GMT

In this episode, Alfred Steiner, a lawyer at Mauriel Kapouytian Woods and an artist, discusses the relationship between his legal and artistic practices, especially his work in conceptual art. Steiner begins by describing his background as an artist and how he became a lawyer. He reflects how his legal practice informs his artistic practice, and vice versa. And he describes some of his works of conceptual art that reflect on and illuminate legal doctrine and practice, including copyright and economics of the art market. Steiner is on Twitter at @alfredsteiner.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Cover image: Alfred Steiner, Your Non-creative Photograph (Brian L. Frye edition).

Hosted on Acast. See acast.com/privacy for more information.

Cathay Smith on Political Fair Use

Thu, 17 Sep 2020 20:11:35 GMT

In this episode, Cathay Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article Political Fair Use. Professor Smith identifies an emerging tendency among courts to give special weight to political expression in cases involving copyright infringement and fair use, and she argues that this kind of special treatment has led to important departures from traditional fair use analysis and Supreme Court guidance. The article is forthcoming in the William & Mary Law Review and is available on SSRN. Professor Smith is on Twitter at @CathaySmith.

Hosted on Acast. See acast.com/privacy for more information.

David Friedman on Impostor Scams

Wed, 16 Sep 2020 01:03:13 GMT

In this episode, David A. Friedman, Professor of Law at Willamette University College of Law, discusses his article "Impostor Scams," which will be published in the Michigan Journal of Law Reform. Friedman begins by explaining what an impostor scam is and describing the long history of impostor scams. He observes that impostor scams are a huge problem, and are facilitated by new technology. He argues that the government can and should do more to fight impostor scams, especially by giving more of the responsibility to intermediaries best able to limit them. Friedman is on Twitter at @profdaf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Schendel on Fostering Self-Assessment

Tue, 15 Sep 2020 00:02:51 GMT

In this episode, Sarah J. Schendel, Assistant Professor of Academic Support at Suffolk University Law School, discusses her article "What You Don't Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students," which is published in the Pace Law Review. Schendel begins by explaining what self-assessment is, how it works, and why it is essential to learning. She discusses why traditional law school pedagogy doesn't always facilitate self-assessment. And she reflects on how law professors can incorporate self-assessment into their teaching. Schendel is on Twitter at @s_james_s.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Greer Donley on Contraceptive Equity

Fri, 11 Sep 2020 02:24:31 GMT

In this episode, Greer Donley, Assistant Professor of Law at the University of Pittsburgh School of Law, discusses her article "Contraceptive Equity: Curing the Sex Discrimination in the ACA's Mandate," which is published in the Alabama Law Review, and was the winner of the 2019-2020 Haub Law Emerging Scholar Award in Women, Gender & Law. Donley begins by explaining what she means by "contraceptive equity," reflecting on the fact that health policy tends to place an implicit burden on women to manage contraception. She observes that the ACA covers female contraception, but not male contraception, and argues that limits access to the methods of contraception women have available to them. And she argues that a more neutral contraception policy would help women and increase gender equity. Donley is on Twitter at @GreerDonley.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Janet Freilich on Matching and Digging at the Patent Office

Fri, 11 Sep 2020 02:15:00 GMT

In this episode, Janet Freilich, Associate Professor of Law at the Fordham University School of Law and Visiting Associate Professor at the Boston University School of Law, discusses her new article Matching and Digging: Evidentiary Analysis at the Patent Office. Professor Freilich argues that when it comes to two important and distinct forms of evidentiary analysis—matching versus digging—patent examiners are better at one than the other, with important consequences for patent quality. In her article, Professor Freilich applies this insight to ongoing debates about the relationship between patent prosecution and patent litigation and about the use of artificial intelligence in the Patent Office. Professor Freilich’s article is forthcoming in the Fordham Law Review.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 8: Louis M. Kohlmeier, Jr., "God Save This Honorable Court: The Supreme Court Crisis, Part 2" (1972)

Mon, 07 Sep 2020 19:41:25 GMT

Part 2: Nixon Scores in Court

In the aftermath of the 1968 election, Richard Nixon was President of the United States and John Mitchell was his Attorney General. Chief Justice Earl Warren followed through on retiring from the Supreme Court, and Associate Justice Abe Fortas was forced out of his seat by a wave of scandal at almost the same time. In his wake, Nixon's first nominee, Warren Burger, ascended remarkably easily to become Chief Justice. However, things became far more complicated when Nixon tried to make good on the Southern Strategy's promises by nominating a strict constructionist from the South. Clement Haynsworth, Jr. and G. Harrold Carswell weren't destined to be justices, but their brush with power revealed a lot about the politics of modern Supreme Court nominations and Nixon's plans to engineer a sharp right-wing turn for the Court.

Timestamps:

[00:00:00] Part 2 Introduction

[00:01:53] 07) Into Nixon's Lap (Fortas)

[00:38:01] 08) Nixon Runs With The Ball (Burger)

[01:16:29] 09) Nixon Scores in Court

[01:42:10] 10) Nixon Fumbles (Haynsworth)

[02:19:17] 11) Nixon Fumbles Again (Carswell)

"God Save This Honorable Court" (https://archive.org/details/godsavethishonor00kohl/page/n7) by Louis M. Kohlmeier, Jr.(https://en.wikipedia.org/wiki/Louis_M._Kohlmeier_Jr.)

This episode of Lex Phonographica was read by Mike Overby of Amicus Lectio. You can find the individual chapters on the Internet Archive.

Hosted on Acast. See acast.com/privacy for more information.

Stephen Stanwood on Trademark Education & Open-Access Law

Fri, 04 Sep 2020 20:27:33 GMT

In this episode, Stephen Stanwood, a trademark lawyer based in California, discusses his work as a trademark law educator and his role in the open-access law movement. Stanwood begins by explaining how he became interested in trademark law, and how he came to start his own practice. He reflects on what he has learned about solo practice, especially in relation to his trademark education activities. Specifically he discusses why he makes trademark videos, how he makes them, and the ways in which they have affected his practice. He also discusses his role in the open-access law movement, as well as the future of legal practice. Stanwood is on Twitter at @stephenstanwood.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Akshat Agrawal on Indian Copyright Law & Policy

Thu, 03 Sep 2020 20:21:02 GMT

In this episode, Akshat Agrawal, a recent graduate of the Jindal Global Law School and law clerk to Justice Pratibha M. Singh of the Delhi High Court, discusses his work on Indian copyright law, specifically focusing on copyrightable subject matter from an anti-colonialist perspective. Agrawal describes the sources of Indian copyright law and the current state of Indian copyright doctrine. He observes certain doctrinal tensions that have recently emerged in the law. And he explains why he thinks Indian copyright law should adopt doctrines specific to Indian cultural production, rather than copying colonial copyright concepts. Agrawal is on Twitter at @PhilIPnPolicy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tiffany Li on Privacy in the Pandemic

Thu, 03 Sep 2020 20:00:05 GMT

In this episode, Tiffany C. Li, Visiting Clinical Assistant Professor at Boston University School of Law and a fellow at the Yale Information Society Project, discusses her article "Privacy in Pandemic: Law, Technology, and Public Health in the Covid-19 Crisis." Li begins by identifying the many ways in which the current pandemic implicates privacy law, from testing and contract tracing to distance learning. She discusses the ways in which the law protects privacy and the ways in which many privacy values aren't fully realized. She explains why AI and other automated approaches may introduce bias issues. And she reflects on why privacy is essential to public health. Li is on Twitter at @tiffanycli.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jim Maloney on Nunchaku Law

Wed, 02 Sep 2020 02:37:47 GMT

In this episode, James M. Maloney, an attorney and adjunct professor at SUNY Maritime College, discusses his work on nunchaku law and the Second Amendment, as well as his career in the maritime industry. He begins by explaining what nunchaku are, how he became interested in them, and why they were illegal under New York law. He describes the circumstances of his arrest and conviction for the possession of nunchaku, and the long path to getting the New York law prohibiting nunchaku overruled. Eventually, Stephen Colbert dubbed Maloney "Professor Nunchucks." Maloney is on Twitter at @maloney_esq.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Monica Reida on Trademark in Podcast Elements

Wed, 02 Sep 2020 00:45:33 GMT

In this episode, Monica D. Reida, a law student at Marquette University Law School, discusses their article "You Must Roll 18 or Higher for Your Claims to Succeed: Common Law Trademarks, Unauthorized Merchandise, and the Podcast 'The Adventure Zone.'" Reida begins by describing The Adventure Zone podcast & how its producers think about their ownership and control of its elements. They discuss the ways in which the podcast's fans enforce the producers desires to prohibit commercial fan art related to the show. And they reflect on which elements of the show are most likely to qualify for trademark protection. Reida is on Twitter at @monica_reida.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Meera Deo on Legal Academia

Tue, 01 Sep 2020 03:34:30 GMT

In this episode, Meera E. Deo, Professor of Law at Thomas Jefferson School of Law, discusses her book "Unequal Profession: Race and Gender in Legal Academia," which is published by Stanford University Press. Deo begins by describing her research & her methodology. She explains how the hiring & promotion process in legal academia discriminates against women & people of color. And she explains what we should do about it. Deo is on Twitter at @meeradeo.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Bernice Espinoza on Public Interest Lawyering for Immigrants

Thu, 27 Aug 2020 03:01:00 GMT

In this episode, Bernice Espinoza, removal defense staff attorney with Vital Immigrant Defense and Advocacy Services (VIDAS Legal) of Sonoma County, shares her story of a life-long dedication to activism and advocacy. After law school, she became a public defender and a crimmigration specialist, eventually joining VIDAS to provide critical legal services to the immigrant community. Espinoza has also been a poet since childhood, and shares a few of her works with us while discussing how her practice has influenced her art and her art her practice. She exhorts those who are able to consider giving to VIDAS to support their mission of providing free legal services to immigrants who otherwise could not afford them.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Jennings on Podcasting

Thu, 27 Aug 2020 02:15:51 GMT

In this episode, Andrew Jennings, a Lecturer in Law and the Teaching Fellow for the Corporate Governance & Practice program at Stanford Law School, and the founder of the Business Scholarship Podcast, discusses his experiences as a legal scholarship podcast host. He explains how he became interested in podcasting, how he conceptualized the Business Scholarship Podcast, and what he has learned in the process of producing the show. Among other things, he offers practical advice on programming, interviewing, and producing. Jennings is on Twitter at @akjennings.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lea Brilmayer & Daniel Listwa on Choice of Law Theory

Sat, 22 Aug 2020 01:20:44 GMT

In this episode, Lea Brilmayer, Howard M. Holtzmann Professor of Law at Yale Law School, and Daniel B. Listwa, a litigation associate at Wachtell, Lipton, Rosen & Katz, discuss their article "A Common Law of Choice of Law," which will be published in the Fordham Law Review. They begin by explaining why choice of law questions are so important to the resolution of legal disputes. They describe the history of choice of law theory. And they argue that the existing theories cannot resolve those problems. They propose a common law theory of choice of law, and suggest that it could solve many problems in the new restatement.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Christopher Jon Sprigman on Jurisdiction Stripping & Constitutional Change

Fri, 14 Aug 2020 00:10:01 GMT

In this episode, Christopher Jon Sprigman, Professor of Law at New York University School of Law, discusses his article "Congress's Article III Power and the Process of Constitutional Change," which will be published in the NYU Law Review. Sprigman begins by explaining how Article III of the Constitution permits Congress to drastically limit the Supreme Court's jurisdiction. He argues that Congress could effect constitutional change by prohibiting the Supreme Court from reviewing the constitutionality of legislation. And he suggests that it would make constitutional law more democratically legitimate. Sprigman is on Twitter at @CJSprigman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Promises, Promises on Jacob & Youngs v. Kent

Wed, 12 Aug 2020 01:42:45 GMT

In August 2020, David Hoffman, Professor of Law at the University of Pennsylvania Carey Law School, and Tess Wilkinson-Ryan, Professor of Law and Psychology at the University of Pennsylvania Carey Law School, launched Promises, Promises, a podcast on contract law. This is an episode in which they discuss the case Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921).

Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Lipshaw on the Shareholder Wealth Maximization Theory

Tue, 11 Aug 2020 23:44:39 GMT

In this episode, Jeffrey Lipshaw, Professor of Law at Suffolk University Law School, discusses his article "The False Dichotomy of Corporate Governance Platitudes," which will be published in the Journal of Corporation Law. Lipshaw begins by discussing his background as a corporate lawyer and how it informs his perspective on corporate law theory. He describes the dominant shareholder wealth maximization theory of corporate governance, and explains why he thinks it doesn't and shouldn't control how directors actually make decisions. And he explains how we ought to think about shareholder interests in relation to the business judgment rule.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Leigh Goodmark on Domestic Partner Violence

Fri, 07 Aug 2020 19:04:28 GMT

In this episode, Leigh Goodmark, Marjorie Cook Professor of Law and Co-Director of the Clinical Law Program at the University of Maryland Carey School of Law, discusses her book Decriminalizing Domestic Partner Violence: A Balanced Policy Approach to Intimate Partner Violence. Goodmark begins by discussing the history of prosecution of domestic violence in the United States and its eventual criminalization starting in the 1970s. She then discusses how this focus on criminalization essentializes victims of intimate partner violence. Goodmark explains the disparate impact of neoliberal economic policies on communities of color and the poor, as well as explaining mechanisms underlying economic abuse of intimate partners. The then discusses different models for approaching intimate partner violence that and how those are more effective and equitable than criminalization.

Professor Goodmark’s scholarship is available on SSRN and you can find her on Twitter at @LeighGoodmark This episode was hosted by Maybell Romero, Associate Professor of law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Sue Provenzano on Pleading Standards & Speech Act Theory

Thu, 06 Aug 2020 22:59:56 GMT

In this episode, Susan E. Provenzano, William Trumbull Professor of Practice at Northwestern University Pritzker School of Law, discusses her article "Can Speech Act Theory Save Notice Pleading?," which will be published in the Indiana Law Journal. Provenzano begins by describing the history of notice pleading, and how it was changed by Twombly and Iqbal. She breaks down how the introduction of "plausibility" affected notice pleading, and how courts and scholars have reacted. She argues that speech act theory can help clarify the content of a complaint, and enable courts to focus on plausibility more clearly. Provenzano's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Julie Tamerler on Copyright in Rock Climbing Routes

Tue, 04 Aug 2020 20:12:41 GMT

In this episode, Julie Tamerler, a recent graduate of Villanova University Charles Widger School of Law and incoming judicial law clerk, discusses her article "Indoor Rock Climbing: The Nuts and Bolts of Routesetting Copyright Protection Post-Star Athletica," which will be published in the Jeffrey S. Moorad Sports Law Journal. Tamerler begins by explaining how indoor rock climbing routes are created and how many options route-makers have. She reflects on how the Supreme Court's Star Athletica decision changed the relationship between functionality and expression in copyrightable subject matter, and why the change probably makes rock climbing routes copyrightable subject matter. And she discusses whether that is a good thing.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Matthew Reid Krell & Brian L. Frye on Academic Plagiarism Norms

Mon, 03 Aug 2020 23:45:06 GMT

In this episode, Matthew Reid Krell, Lecturer in the Faculty of Law at the University of the West Indies, Cave Hill Campus, discusses the article "Plagiarism is Not a Crime" (Duquesne Law Review) with its author, Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Krell begins by summarizing the article, and explaining why he found some of the arguments convincing and other arguments less convincing. Frye responds to Krell's observations. Then they engage in further discussion of the article. Krell is on Twitter at @ReidKrell and Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Raff Donelson on Natural Punishment

Mon, 03 Aug 2020 23:10:19 GMT

In this episode, Raff Donelson, Assistant Professor of Law at Penn State Dickinson Law, discusses his draft article "Natural Punishment." Donelson begins by describing the concept of natural punishment, and why the existence of a natural punishment should diminish the need for other forms of punishment. He explains how the application of natural punishment would work in practice. And he reflects on how the concept of natural punishment should inform our understanding of criminal punishment more generally. Donelson's scholarship is available on SSRN. Donelson is on Twitter at @RaffDonelson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Swan on Discriminatory Dualism

Sun, 02 Aug 2020 16:57:18 GMT

In this episode, Sarah L. Swan, Assistant Professor of Law at Florida State University College of Law, discusses her article "Discriminatory Dualism," which is published in the Georgia Law Review. Swan begins by describing what she means by discriminatory dualism, how it differs from other kinds of discrimination, and how it has manifested in policing, housing, and sexual harassment. She explains how to identify discriminatory dualism and why it can be so effective. And she provides some advice on how to resist it. Swan is on Twitter at @islswan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rebecca Bratspies and Charlie LaGreca-Velasco on Legal Comic Books

Sat, 01 Aug 2020 17:05:08 GMT

In this episode, Rebecca M. Bratspies, Professor of Law at CUNY School of Law and founding director of the CUNY Center for Urban Environmental Reform, and Charlie LaGreca-Velasco, an artist and founder of Comic Book Classroom, Denver Comic Con, and the Denver Independent Comics and Art Expo, discuss their "Mayah's Lot" comic book on environmental justice, as well as related comic book projects. Bratspies and LaGreca-Velasco begin by explaining how the came to work on the project. They discuss the development of the comic and how they use it pedagogically. And they discuss upcoming projects. Bratspies is on Twitter at @RBratspies.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law, and Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Frye is on Twitter at @brianlfrye and Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Marsha Griggs on the Bar Exam

Tue, 28 Jul 2020 20:22:51 GMT

In this episode, Marsha Griggs, Associate Professor of Law and Director of Academic Support and Bar Passage at Washburn University School of Law, discusses her article "An Epic Fail," which will be published in the Howard Law Journal. Griggs begins by recounting the history of the bar exam. She briefly describes how the pandemic affected the administration of the bar exam this year. She explains the options available to bar examiners and the choices they have made. And she reflects on how the legal profession should think about attorney licensing. Griggs is on Twitter at @ProfessorGriggs.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stanley Fish on the First Amendment

Tue, 28 Jul 2020 16:18:13 GMT

In this episode, Stanley Fish, Professor of Law at Florida International University College of Law and Floersheimer Distinguished Visiting Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law, discusses his new book "The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump," which is published by Simon & Schuster. Fish begins by explaining why the concept of free speech presents such an intractable political problem. He reflects on how that problem plays out in relation to different particular issues, including hate speech and campus speech. He explains why religious speech presents uniquely difficult problems. And he closes by discussing how we should think about information and truth. Fish is on Twitter at @stanleyfish.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kiel Brennan-Marquez on Stare Decisis

Thu, 23 Jul 2020 20:29:20 GMT

In this episode, Kiel Brennan-Marquez, Associate Professor of Law and William T. Golden Scholar at the University of Connecticut School of Law, discusses his draft article "Revitalizing Stare Decisis." Brennan-Marquez begins by explaining why the doctrine of stare decisis is in a crisis moment, and why he thinks that is a problem. He proposes an alternative way of conceptualizing stare decisis, and he explains why he thinks we ought to prefer it. Brennan-Marquez's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sara Mayeux on the History of the Public Defender

Wed, 22 Jul 2020 00:46:56 GMT

In this episode, Sara Mayeux, Associate Professor of Law at Vanderbilt Law School, discusses her book "Free Justice: A History of the Public Defender in Twentieth-Century America," which is published by the University of North Carolina Press. Mayeux begins by describing the origins of the modern concept of the public defender in the Gilded Era. She explains how and why the idea was rejected, and how it was revived decades later. She also reflects on what the history of indigent criminal defense can tell us about the law as an institution and an ideology. Mayeux is on Twitter at @saramayeux.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Chip Stewart on Science-Fiction & the Law

Tue, 14 Jul 2020 21:58:43 GMT

In this episode, Daxton R. "Chip" Stewart, Professor of Journalism in the Bob Schieffer College of Communications at Texas Christian University, discusses his new book, "Media Law Through Science Fiction: Do Androids Dream of Electric Free Speech?," which is published by Routledge. Stewart begins by describing how he became interested in studying the law through the lens of science fiction, and how he interviewed many different science fiction authors as part of the research for his book. He reflects on why science fiction provides such a helpful tool for thinking about law and policy, especially in relation to copyright, privacy, and censorship. And he discusses many of the different stories, novels, and movies he uses as examples in the book. Stewart is on Twitter at @MediaLawProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Guadalupe Luna on the Treaty of Guadalupe Hidalgo

Mon, 13 Jul 2020 23:25:05 GMT

In this episode, Guadalupe Luna, Professor Emerita at the Northern Illinois University College of Law, discusses her article "This Land Belongs to Me: Chicanas, Land Grant Adjudication, and the Treaty of Guadalupe Hidalgo," which was published in the Harvard Latino Law Review. Luna begins by describing the Treaty of Guadalupe Hidalgo and what it was supposed to accomplish. She explains differences between Mexican and American land law at the time, and how American courts discriminated against Mexican landowners, especially women. And she reflects on the legacy of the treaty today. Luna is on Twitter at @gtluna1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nina Varsava on Precedent

Mon, 13 Jul 2020 17:54:34 GMT

In this episode, Nina Varsava, Assistant Professor of Law at the University of Wisconsin Madison Law School, discusses her essay "Precedent on Precedent," which will be published in the University of Pennsylvania Law Review Online. Varsava begins by explaining what happened in the recent Supreme Court case Ramos v. Louisiana (2020), and how it reflects the differing views of the Supreme Court justices on the nature of constitutional precedent. She explains the different positions, and reflects on how they might play out in the future. Varsava is on Twitter at @NinaVarsava.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ray Brescia on Technology & Social Change

Mon, 06 Jul 2020 22:37:53 GMT

In this episode, Raymond H. Brescia, Hon. Harold R. Tyler Chair in Law and Technology and Professor of Law at Albany Law School, discusses his book "The Future of Change: How Technology Shapes Social Revolutions," which is published by Cornell University Press. Brescia begins by talking about his own background as a community organizer and how it has informed his scholarship on social change. He explains the network theory of social change that he applies in the book, and how it reflects technological change. He then discusses several examples of how social movements have used technology, and why they were effective. He closes by reflecting on how social movements can use social media, and how to prevent its misuse. Brescia is on Twitter at @rbrescia.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Robert Farley on Intellectual Property and Military Technology

Fri, 03 Jul 2020 13:10:49 GMT

In this episode, Dr. Robert M. Farley, Senior Lecturer at the University of Kentucky Patterson School of Diplomacy and International Commerce, discusses his new book, "Patents for Power: Intellectual Property Law and the Diffusion of Military Technology," which he co-authored with Davida H. Isaacs, and is published by the University of Chicago Press. Farley begins by explaining why intellectual property is relevant to innovation in military technology, through the lens of international relations scholarship. He explains how firms in the defense industry use different kinds of intellectual property, and how states protect intellectual property internationally. He also reflects on why states respect international intellectual property laws relating to military innovations. Farley is on Twitter at @drfarls.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Croucher, Escontrias, Hudnell & Saadati-Soto on Diploma Privilege

Fri, 03 Jul 2020 02:52:56 GMT

In this episode, Emily Croucher (@emilydotgov), Pilar Escontrias (@XicanaRebelde), Efrain Hudnell (@EfrainJoshua1), and Donna Saadati-Soto (@SaadatiSoto), discuss their involvement with United for Diploma Privilege and its successes to date. They explain why diploma privilege is critical to safety and fairness, as we face the Covid-19 pandemic. They reflect on the response from different state bar examiners and state supreme courts, with many refusing to even acknowledge a problem. And they argue that we should abolish the bar exam entirely, in favor of a system of lawyer licensing that meaningfully reflects competence to practice.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nick Sciullo on Rhetoric in Hip Hop and Legal Scholarship

Fri, 26 Jun 2020 00:43:31 GMT

In this episode, Dr. Nick J. Sciullo, Assistant Professor of Communications at Texas A&M University Kingsville, discusses his article "Conversations with the Law: Irony, Hyperbole and Identity Politics or Sake Pase? Wyclef Jean, Shottas, and Haitian Jack - A Hip-Hop Creole Fusion of Rhetorical Resistance to the Law," which was published in the Oklahoma City University Law Review and reprinted in the book Hip Hop and the Law, which is published by Carolina Academic Press. Sciullo begins by describing who Wyclef Jean is and why his music provides a uniquely helpful lens for thinking about legal questions. He discusses the use of rhetoric and performance in Wyclef Jean's work, and reflects on how it can inform legal scholarship. Sciullo is on Twitter at @nickjsciullo.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Arin on Regulating Competition in Esports

Wed, 24 Jun 2020 18:40:30 GMT

In this episode, Michael Arin, a recent graduate of the University of Minnesota Law School and the student editor-in-chief of the Esports Bar Association Journal, discusses his note "Competing Competitions: Anticompetitive Conduct by Publisher-Controlled Esports Leagues," which is published in the Minnesota Law Review. Arin begins by explaining what esports are and why they resemble traditional sports in many ways. He discusses the critical role of copyright in esports, and how it affects competition in the industry. And he reflects on how we could use compulsory licenses the encourage competition. Arin is on Twitter at @ArinMJ.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

John Bergmayer on Regulating App Stores

Wed, 24 Jun 2020 18:15:03 GMT

In this episode, John Bergmayer, Legal Director at Public Knowledge, discusses his new white paper, "Tending the Garden: How to Ensure That App Stores Put Users First." Bergmayer begins by explaining how app stores work, how they can benefit consumers, and how they can cause consumer harm. He discusses the regulatory problems specific to app stores, and how they might be addressed most effectively. And he explains why the regulatory changes he proposes would benefit the entire market. Bergmayer is on Twitter at @bergmayer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jacob Victor on Utility-Expanding Fair Use

Tue, 23 Jun 2020 21:14:38 GMT

In this episode, Jacob Victor, Assistant Professor of Law at Albany Law School and Affiliated Fellow at the Yale Information Society Project, discusses his article "Utility-Expanding Fair Use," which will be published in the Minnesota Law Review. Victor begins by explaining what "utility-expanding" fair use is and how it differs from other kinds of "transformative" fair use. He reflects on when and why courts tend to find that utility-expanding uses are fair, and observes that the fair use doctrine might not always be the best solution. He suggests that compulsory licensing may offer an alternative method of encouraging utility-expanding uses of copyrighted works, better suited to some circumstances. Victor is on Twitter at @jacobmvictor.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

George Conk on Rutgers-Newark Law School in the 1960s and 70s

Tue, 23 Jun 2020 02:43:54 GMT

In this episode, George W. Conk, Adjunct Professor of Law and Senior Fellow of the Stein Center for Law & Ethics at Fordham Law School, discusses his article "People's Electric: Engaged Legal Education at Rutgers-Newark Law School in the 1960's and 1970's," which is published in the Fordham Urban Law Journal. Conk begins by describing the uniquely progressive legal education offered at Rutgers-Newark Law School in the 1960s and 70s. He explains why it was different from other law schools, and how its focus on engagement and reform affected its faculty and graduates, including his own career. Conk is on Twitter at @GeorgeConk.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sunny Stalter-Pace on Gertrude Hoffman & Imitation in Vaudeville Performance

Fri, 19 Jun 2020 20:13:15 GMT

In this episode, Sunny Stalter-Pace, Hargis Associate Professor of American Literature at Auburn University, discusses her book "Imitation Artist: Gertrude Hoffmann’s Life in Vaudeville and Dance," which is published by Northwestern University Press. Stalter-Pace begins by describing vaudeville performance at the turn of the century, and the particular style of Gertrude Hoffman. She explains how Hoffman's use of imitation can help us think about originality and creativity in the context of vaudeville. And she reflects on Hoffman's legacy. Stalter-Pace is on Twitter at @slstalter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Arpitha Kodiveri on Indian Environmental Law

Thu, 18 Jun 2020 23:44:41 GMT

In this episode, Arpitha Kodiveri, a graduate student at the European University Institute, discusses her article "Wildlife First, People Later?: Forest Rights and Conservation - Towards an Experimentalist Governance Approach," which is published in the Journal of Indian Law and Society. Kodiveri begins by describing Indian environmental law and why it has created tensions with indigenous communities. She discusses a case currently before the Indian Supreme Court, and she explains how she thinks the problems it presents should be resolved. Kodiveri is on Twitter at @arpithakodiveri.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tom Haley on Data Protection

Thu, 18 Jun 2020 01:18:22 GMT

In this episode Thomas Haley, Visiting Assistant Professor of Law at the University of Utah S.J. Quinney College of Law, discusses his paper, Data Protection in Disarray. The paper discusses how federal courts misapply standing doctrine in data breach cases. He is on Twitter at @TomHaley.

This episode was hosted by Benjamin P. Edwards, Associate Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law. He is on Twitter @benpedwards.

Hosted on Acast. See acast.com/privacy for more information.

Hadar Aviram on the Pathology of Parole

Wed, 17 Jun 2020 21:32:52 GMT

In this episode, Hadar Aviram, Professor of Law at UC Hastings Law, discusses her new book, "Yesterday's Monsters: The Manson Family Cases and the Illusion of Parole," which is published by the University of California Press. Aviram begins by describing how parole works in California. She explains why she decided to study the parole hearings of Charles Manson and the members of the Manson Family. She reflects on the Manson family's experience with the parole board. And she argues that it should help us see why we need to reform the parole process. Aviram is on Twitter at @aviramh.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ben Edwards on Regulating Financial Advisors

Tue, 09 Jun 2020 23:19:58 GMT

In this episode, Benjamin Edwards, Associate Professor of Law and Director of the Investor Protection Clinic at the University of Las Vegas William S. Boyd School of Law, discusses his article "Adversarial Failure," which will be published in the Washington & Lee Law Review. Edwards begins by explaining what brokers do in the financial services industry, and why the structure of the industry often fails to protect consumers. In particular, the "expungement" process enables brokers to hide customer complaints. He characterizes this as an "adversarial failure" and explain how we might be able to mitigate the problem. Edward is on Twitter at @BenPEdwards.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jeff Baker & Allison McKinney Timm on Immigration & Human Rights

Mon, 08 Jun 2020 22:10:37 GMT

In this episode, Jeffrey R. Baker, Clinical Professor of Law and Assistant Dean of Clinical Education and Global Programs at Pepperdine University Caruso School of Law, and Allyson McKinney Timm, founder and executive director of Justice Revival, discuss their article "Zero-Tolerance: The Trump Administration's Human Rights Violations Against Migrants on the Southern Border," which will be published in the Drexel Law Review. Baker and McKinney Timm begin by describing the Trump administration's immigration policies, especially in relation to families and children. They explain the terrible consequences, and how they violate international law. And they reflect on morality of those policies. Baker is on Twitter at @JRBProf and McKinney Timm is at @McKinneyTimm.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alex Platt on SEC Enforcement

Fri, 05 Jun 2020 22:03:26 GMT

In this episode Alexander Platt discusses his paper, Gatekeeping in the Dark. The paper addresses how an administrative agency's decisions can catalyze or inhibit private securities class action litigation. Platt argues out that the SEC should consider the collateral consequences of its decisions with an eye toward achieving an optimal level of enforcement. He is on Twitter at @AlexPlattTweets.

This episode was hosted by Benjamin P. Edwards, Associate Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law. He is on Twitter @benpedwards.

Hosted on Acast. See acast.com/privacy for more information.

Gautam Hans on Teaching Professional Responsibility

Fri, 05 Jun 2020 17:11:42 GMT

In this episode, Gautam Hans, Assistant Clinical Professor of Law at Vanderbilt Law School, discusses his article "How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study," which will be published in the Georgia State University Law Review. Hans begins by describing his goals in teaching professional responsibility. He explains why the Theranos story is useful in teaching professional responsibility concepts. And he reflects on his experience using the story in his own class. Hans is on Twitter at @dispositive.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Eric Segall & Adam Feldman on Law School Hiring

Thu, 04 Jun 2020 23:01:09 GMT

In this episode, Eric Segall, Kathy and Lawrence Ashe Professor of Law at Georgia State University College of Law, and Adam Feldman, creator of the Supreme Court blog Empirical SCOTUS, discuss their article, "The Elite Teaching the Elite: Who Gets Hired by the Top Law Schools?," which will be published by the Journal of Legal Education. Segall and Feldman begin by describing their research project and their findings. They observe that 95% of the professors teaching at top 10 law schools graduated from top 10 law schools, and a disturbingly high percentage of all law professors graduated from top 10 law schools, especially Harvard and Yale. They explain how this hiring preference effectively makes the LSAT the determinant of who becomes a law professor, and why it has many discriminatory effects. Segall is on Twitter at @espinsegall and Feldman is on Twitter at @AdamSFeldman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ilya Somin on Foot Voting

Wed, 03 Jun 2020 18:54:59 GMT

In this episode, Ilya Somin, Professor of Law at George Mason University Antonin Scalia Law School, discusses his new book "Free to Move: Foot Voting, Migration, and Political Freedom," which is published by Oxford University Press. Somin begins by explaining what foot voting is and how it is different from ballot box voting. He explains why foot voting can produce better outcomes than ballot box voting domestically, by enabling people to leverage knowledge and change their own circumstances. And he explains why immigration is also a kind of foot voting we should encourage. Somin will donate 50% of royalties from the book to charities serving refugees. He is on Twitter at @IlyaSomin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Liz Glazer on the Comedy of Law

Mon, 01 Jun 2020 19:18:18 GMT

In this episode, Elizabeth M. Glazer, a comedian, actors, singer, writer, and former law professor, discusses her career path, how she chose it, and why she finds it fulfilling. Glazer is on Instagram at @lizglazer and on Twitter at @ElizabethGlazer. You can watch her comedy routines on YouTube. She is also the host of the Finding Forty podcast. You can find Glazer's legal scholarship on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Diane Klein & Tobias Barrington Wolff on Title IX

Sat, 30 May 2020 00:28:59 GMT

In this episode, Diane Klein, Professor of Law at the University of La Verne College of Law, and Tobias Barrington Wolff, Jefferson B. Fordham Professor of Law at the University of Pennsylvania Carey Law School, discuss recent developments in Title IX, the rules governing campus sexual assault, and university disciplinary procedures.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sheldon Evans on Criminal Sentencing

Fri, 29 May 2020 16:57:12 GMT

In this episode, Sheldon A. Evans, Assistant Professor at St. John’s University School of Law, discusses his forthcoming article on federal criminal sentencing enhancements. Evans articulates several problems with the “categorial approach” to sentencing enhancements. In particular, he highlights how it leads to non-uniform results in practice, such that two people who commit the same underlying criminal conduct might receive disparate sentences depending on where the conduct occurred. Finally, Evans explains why he thinks a judicial solution to this problem is the best solution. We even talk briefly about bankruptcy! Evans’ new article, Categorial Nonuniformity, is forthcoming in the Columbia Law Review and is available on SSRN. Evans is on Twitter at @prawfsevans777.

This episode was hosted by Matthew Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Renee Nicole Allen on Podcast About Law Professors

Thu, 28 May 2020 19:28:05 GMT

In this episode, Renee Nicole Allen, Assistant Professor of Legal Writing at St. John’s University School of Law, discusses her new podcast, Law Profs are People Too. In this episode, Allen discusses what it’s like to start a new podcast, why she’s enthusiastic about the new project, and the most challenging parts of podcasting that no one talks about (hint: you may have to spend a lot of time in your closet). Allen and her podcast are both on Twitter at @profallentweets and @lawprofstoo. Season 2 of Law Profs are People Too begins in June.

This episode was hosted by Matthew Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Marc Randazza on Filming Porn

Thu, 28 May 2020 18:44:46 GMT

In this episode, Marc J. Randazza, a First Amendment and intellectual property attorney, discusses his article "The Freedom to Film Pornography," which was published in the Nevada Law Journal. Randazza begins by describing his experience representing porn producers, among other things. He explains why many people mistakenly think it is only legal to produce porn in California and New Hampshire, and why they are wrong. And he reflects on the relationship between porn and the First Amendment. Randazza in on Twitter at @marcorandazza.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Suja Thomas on Public Accommodations Discrimination

Tue, 26 May 2020 17:36:12 GMT

In this episode, Suja A. Thomas, Peer and Sarah Pedersen Professor of Law at the University of Illinois College of Law, discusses her article, "The Customer Caste: Lawful Discrimination by Public Businesses," which will be published in the California Law Review. Thomas begins by describing the history of anti-discrimination laws in relation to public accommodations and how courts have interpreted them. She observed that those interpretations preclude many discrimination claims, and argues that courts should interpret anti-discrimination statutes in light of the purpose of the law. She also discussed the relationship between public accommodation discrimination and employment discrimination. Thomas is on Twitter at @sujathomas3.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lee Strang on Originalism & Natural Law

Wed, 20 May 2020 18:45:42 GMT

In this episode, Lee J. Strang, John W. Stoepler Professor of Law & Values at the University of Toledo College of Law, discusses his book "Originalism's Promise: A Natural Law Account of the American Constitution," which is published by Cambridge University Press. Strang begins by explaining what he means by "originalism," and why he thinks the different versions of originalism are ultimately consistent with each other. He argues that courts should engage in "good-faith" originalism when interpreting the Constitution, and reflects on how that is consistent with good governance and the common good. And he suggests that this kind of originalism is consistent with how people actually think about constitutional values.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lara Bazelon on Victims' Rights and Restorative Justice

Wed, 20 May 2020 02:45:53 GMT

In this episode, Lara Bazelon, Professor of Law and Director of the Criminal Juvenile Justice Clinic and the Racial Justice Clinic at the University of San Francisco School of Law, discusses her article (co-authored with Bruce Green, Professor of Law at Fordham Law School), "Victims' Rights from a Restorative Justice Perspective," forthcoming in the Ohio State Journal of Criminal Law this year. Bazelon begins by discussing the "essentializing" of sexual assault victims, which wrongfully presumes that victims all have the same interests as each other and the state in criminal prosecutions of sexual assault. She then discusses recent victims' rights reforms, some of which continue to essentialize victims. Bazelon then introduces listeners to a new model that may prove more useful to crime victims than the usual mode of prosecution--restorative justice. She closes by highlighting some examples of jurisdictions successfully using a restorative justice approach to victims' rights. Bazelon is on Twitter at @larabazelon.

This episode was hosted by Maybell Romero, assistant professor of law at the Northern Illinois University College of Law. She is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

David Arditi on the Ideology of the Music Business

Wed, 20 May 2020 01:08:21 GMT

In this episode, David Arditi, Associate Professor of Sociology and Director of the Center for Theory at the University of Texas at Arlington, discusses his new book, "Getting Signed: Record Contracts, Musicians, and Power in Society," which will be published by Palgrave Macmillan. Arditi begins by describing the experience of the music business from the perspective of a musician. How explains how the idea of "getting signed" functions ideologically to compel musicians to pursue record contracts, even when they are not in the best interests of the musician. He also explains how audio streaming has changed the music business. Arditi is on Twitter at @david_arditi.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stephanie Barclay on Judicial Religious Exemptions

Mon, 18 May 2020 23:01:12 GMT

In this episode, Stephanie Barclay, Associate Professor of Law at Brigham Young University J. Reuben Clark Law School, discusses her article "The Historical Origins of Judicial Religious Exemptions," which will be published in the Notre Dame Law Review. Barclay begins by describing the current state of the law on judicial religious exemptions, as well as the conventional wisdom on the history of such exemptions. She argues that the conventional account misunderstands how antebellum judges understood their role in the interpretation of statutes in relation to constitutional principles. And she suggests that antebellum judges were more inclined to grant religious exemptions than commonly believed. Barclay is on Twitter at @shbarclay.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Guy Rub on Conceptual Art

Fri, 15 May 2020 18:01:10 GMT

In this episode, Guy A. Rub, Professor of Law at the Ohio State University Moritz College of Law, discusses his article "Owning Nothingness: Between the Legal and the Social Norms of the Art World," which will be published in the Brigham Young University Law Review. Rub begins by explaining what conceptual art is and why it is a problem for copyright law. He describes how the art market transacts in conceptual art and why those transactions are in tension with copyright law. And he reflects on how conceptual art can inform our understanding of authorship, creativity, and ownership. Rub is on Twitter at @Guy_A_Rub.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Driesen on Comparative Executive Power

Wed, 13 May 2020 20:09:10 GMT

In this episode, David M. Driesen, University Professor of Law at Syracuse University College of Law, discusses his article "The Unitary Executive Theory in Comparative Context," which will be published in the Hastings Law Journal. Driesen begins by explaining the unitary executive theory and why he doesn't think it is constitutionally required. He argues that expanding executive power is unwise and can lead to autocracy, pointing to Hungary, Poland, and Turkey as examples. And he explain why we should be wary of arguments from unitary executive theorists that the President should have more authority to remove officials, among other things. Driesen is on Twitter at @dmdriesen.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rev. William Dailey on the Priesthood & the Law

Tue, 12 May 2020 18:51:13 GMT

In this episode, Rev. William R. Dailey, a member of the Congregation of Holy Cross and the Director of the Notre Dame Newman Center for Faith and Reason in Dublin, Ireland, discusses his path to the priesthood and career in the law and legal scholarship, as well as his interest in mixology. Dailey is on Twitter at @wrdcsc.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jeremiah Bourgeois on Incarceration & Reform

Sat, 09 May 2020 20:30:06 GMT

In this episode, Jeremiah Bourgeois, a journalist, legal scholar, formerly incarcerated person, and matriculating law student, discusses his personal experiences and his legal scholarship. Bourgeois begins by describing the crime he committed and the experience of being incarcerated as a teenager. He explains how he became interested in learning and writing about the law. And he describes his own legal scholarship, and how it has meaningfully impacted criminal justice reform in the State of Washington. He also discusses his plans to begin law school at Gonzaga University School of Law. Bourgeois is on Twitter at @JeremiahBourge6.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cathay Smith on Fair Use & the Right of Integrity

Fri, 08 May 2020 16:05:11 GMT

In this episode, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her article "Creative Destruction: Copyright's Fair Use Doctrine and the Moral Right of Integrity," which is published in the Pepperdine Law Review. Smith begins by explaining the origins of the moral right of integrity in the Berne Convention, and its introduction into United States copyright law via the Visual Artists Rights Act of 1990. She identifies a tension between the right of integrity and the right of fair use. And she explains how that tension can be resolved, depending on how a particular work is used. Smith is on Twitter at @CathaySmith.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Renee Hatcher on the Solidarity Economy

Wed, 06 May 2020 18:46:58 GMT

In this episode, Renee Hatcher, Assistant Professor of Law and Directoro of the Community Enterprise & Solidarity Economy Clinic at University of Illinois Chicago John Marshall Law School, discusses her articles "Solidarity Economy Lawyering," which is published in the ennessee Journal of Race, Gender, and Social Justice, and "Towards a Solidarity Economy Approach to Community Economic Development," which will be published in the Howard Law Journal. Hatcher begins by describing the solidarity economy movement and explaining the principles of solidarity economy theory. She points out how solidarity economy principles can better advance community economic development. And she reflects on how attorneys can participate in the solidarity economy movement. Hatcher is on Twitter at @reneechatcher.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Christopher Tomlins on Nat Turner

Tue, 05 May 2020 21:40:00 GMT

In this episode, Christopher Tomlins, Elizabeth Josselyn Boalt Professor of Law at UC Berkeley School of Law, discusses his new book "In the Matter of Nat Turner: A Speculative History," which is published by Princeton University Press. Tomlins begins by explaining who Nat Turner was and what happened in the Turner Rebellion. He describes the documentary record of the event, and how it has been used by other novelists and historians. He argues for an alternative understanding of Turner's own theology and motivations, and explains why Turner and his rebellion were so troubling to the Virginia political order. He closes by reflecting on what thinking about Turner can tell us about doing history today.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Ferguson on Big Data Prosecution and Brady

Tue, 05 May 2020 19:54:56 GMT

In this episode, Andrew Guthrie Ferguson, Visiting Professor of Law at American University Washington College of Law, discusses his article Big Data Prosecution and Brady, forthcoming soon in the UCLA Law Review. Professor Ferguson begins by discussing how prosecution has changed from a purely reactive role to one that's more proactive with "intelligence-driven" strategies, and how that's enabled by the use of big data in prosecutor's offices. He identifies a fundamental problem that arises with prosecutorial reliance on data and its centralization--systems used by prosecutors and police are not designed to identify Brady materials. Professor Ferguson introduces a new theory of a "Networked Brady" that recognizes new and emerging technologies and offers suggested interventions on how to engineer prosecutorial big data systems to comply with Brady and due process requirements. Professor Ferguson's scholarship is available on SSRN and he's on Twitter at @ProfFerguson.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Davies on Rural Access to Counsel

Tue, 05 May 2020 19:34:59 GMT

In this episode, Andrew Davies, Director of Research at the SMU Deadman School of Law's Deason Criminal Justice Reform Center, discusses his article Gideon in the Desert: An Empirical Study of Providing Counsel to Criminal Defendants in Rural Places, published in the Maine Law Review 2019 symposium edition. Davies discusses the issue of rural indigent defense as an issue of scarcity of resources, then explains what is required on the Gideon/Argersinger/Scott line of cases. He the explains how he went about capturing and theorizing access to counsel when collecting and analyzing data from over one hundred rural Texas counties. Davies then discusses the differences in access to counsel between urban and rural counties, while identifying the traits that make some rural counties better at consistently providing indigent defense than others. Dr. Davies's research is available on SSRN, and you can find him on Twitter at @AndySMUDeason.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Doron Dorfman on Disability Law and Service Animals

Mon, 04 May 2020 21:57:07 GMT

In this episode, Doron Dorfman, Associate Professor of Law at Syracuse University College of Law, discusses his article "Suspicious Species," which will be published in the University of Illinois Law Review. Dorfman begins by observing that there is considerable public outrage about the abuse of disability law to bring animals into places where they are prohibited. He describes the different kinds of animals that are protected by disability law and why they are protected. He reflects on his empirical research into how people perceive and understand the use of service animals. And he explains how to make better policy that will both protect disabled people and their ability to use service animals that provide accommodations, while preventing people from abusing disability law. Dorfman is on Twitter at @DorfmanDoron.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Carliss Chatman & Anthony Kreis on Reproductive Rights

Mon, 04 May 2020 18:32:12 GMT

In this episode, Carliss N. Chatman, Assistant Professor of Law at Washington and Lee University School of Law, and Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discuss Chatman's essay "If a Fetus Is a Person, It Should Get Child Support, Due Process, and Citizenship" and Kreis's response, "Under Ten Eyes," both of which are published in the Washington and Lee Law Review Online. Chatman's essay is based on her viral tweet and Washington Post op-ed, arguing that state laws intended to make fetuses persons for the purpose of abortion law, should also make fetuses persons in relation to other laws, and teasing out the consequences. Kreis's response reflects on how Chatman's essay draws into relief the entire constitutional debate over reproductive rights, in historical context. Chatman is on Twitter at @carlissc and Kreis is at @AnthonyMKreis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 109: Elijah, The Court is Yours (2018)

Mon, 04 May 2020 01:32:29 GMT

In 2017, University of Kentucky College of Law students Barrett Block and Zach Atwell composed a song titled "The Court is Yours," based on Nas, "The World is Yours" (1994), for an assignment in Professor Joshua Douglas's Civil Procedure class. The song was performed and recorded by Elijah. Here are the lyrics:

[PR] Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

It's mine, it's mine, it's mine

Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

I pray to Ace, watching The Paper Chase ‘til I’m charged

Then writin in my FRCP, the words in the margin

Behold the law I'm spitting, procedural posture

Understandable smooth wit that litigants win with

The plaintiffs play me for lame, they won't act right

But with Douglas’ Civ Pro knowledge I attack and fight,

Improper jurisdiction on my person, rehearsing

Perry Mason rule 12 b 2, cursing

My domicile, and contacts they beguile,

I ain’t availed the forum state a trial

Whether long arm or due process, there’s no jurisdiction

I call it, the rules make the court's power fiction

I’m waving, but never waiving jurisdiction

I'm out for precedents to represent me (Say what?)

I'm out for good precedent to represent me

[Chorus: Nas, Pete Rock]

[PR] Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

[PR] Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

It's mine, it's mine, it's mine

Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

To my man Burnham, God bless your life

"It's yours

To International Shoe, God bless your life

Crazy baby mamas tag us with service papers when we in Cali

Beef with state tax, dudes flipping shoes in the alley

Minimum contacts, panic attack-the court’s caught me

Rudkewicz called quits on paying dues to BK Flor-I-day,

-when you’re contacts a contract, ya can’t get away

caught by a jurisdictional lasso, you’ll pay

This Calder test hits like a tec paining my neck,

Having to inspect my effects in the forum, what the heck?

Traditional notions of fairplay and justice

Violate them and ya get jurisdictional ruckus

Express permission to a court is an admission

Even if penned in a ticket or missive outside your intuition

I ain’t clowning, look to Carnival,Left frowning from venue selection

-must read contracts with stiff discretion

"It's yours!"

[Chorus: Nas, Pete Rock]

[PR] It's mine, it's mine, it's mine

[PR] Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

It's mine, it's mine, it's mine

Whose court is this?

[Nas] Yo, the court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

[PR] Break it down

[Pete Rock cuts and scratches "It's yours!"]

Kulko’s baby mama trying to rob him of his commas

buying his kid’s ticket not enough for Cali drama

Explodin’ Audis caused the Robinson’s real trauma

But VW couldn’t see their cars in Okla hamma

Owning stock / east to west / in peace I can rest,

Shaffers stock in state outside the courts test,

BM Squibb and Daimler, I’m here to call fib

general jurisdiction, a state must be yo crib.

J. Mac’s machine caused a big fiasco

No jurisdiction for slicin’ Nicastro

When the police seize your gambling stash

Walden says no suit in the state you’re ‘boutta crash

To my boys with that global distribution like Asahi

And feds finna grill ya in court like you’re mahi

They can’t sue thee, just your intermediary

I got civ pro down so well -it’s scary

"It's yours!"

[PR] It's mine, it's mine, it's mine

[PR] Whose court is this?

[Nas] The court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

It's mine, it's mine, it's mine

Whose court is this?

[Nas] Yeah... the court is yours, the court is yours

[PR] It's mine, it's mine, it's mine

Whose court is this?

"It's yours!"

Break it down

Hosted on Acast. See acast.com/privacy for more information.

Ben Carter's Imaginary Commencement Address

Sat, 02 May 2020 20:20:18 GMT

In 2011, Ben Carter, who is currently Senior Litigation and Advocacy Counsel at the Kentucky Equal Justice Center, wrote an imaginary commencement address. It was the kind of commencement address that graduating law students will never hear, but the kind of commencement address they need to hear. You can read the text of the original address here. In light of the Coronavirus pandemic, he recorded an audio version of the address, which is as relevant and timely as ever.

Hosted on Acast. See acast.com/privacy for more information.

Nicholas Bagley and Julian Davis Mortenson on Delegation

Sat, 02 May 2020 19:57:40 GMT

In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, and Julian Davis Mortenson, Professor of Law at the University of Michigan Law School, discuss their article "Delegation at the Founding," which will be published in the Columbia Law Review. They begin by explaining what "delegation" is, in the constitutional context, and the history of the concept of the "non-delegation doctrine" prohibiting many kinds of delegation of legislative authority, which plays an important role in originalist constitutional theory. They describe their research into the theory and practice of delegation in the early American republic, and why it doesn't support the idea that non-delegation is a constitutional principle, on originalist terms. And they reflect on why originalists are so committed to the non-delegation doctrine. Bagley is on Twitter at @nicholas_bagley and Mortenson is at @jdmortenson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nora Slonimsky on Colonial Copyright

Wed, 29 Apr 2020 21:55:21 GMT

In this episode, Nora Slonimsky, Gardiner Assistant Professor of History at Iona College, discusses her draft article "Oil, Elephant Bones, and an Act of Parliament: Mapping America's Earliest Copyright Claim." Slonimsky begins by explaining how copyright worked in 18th century England and colonial America. She describes the effort of one American mapmaker to claim a copyright in a popular map. And she reflects on what the episode can tell us about the nature of copyright, and the relationship between England and its North American colonies. Slonimsky is on Twitter at @NoraSlonimsky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Heidi Brown on Introverted Lawyers

Mon, 27 Apr 2020 22:18:13 GMT

In this episode, Heidi K. Brown, Director of Legal Writing and Associate Professor of Law at Brooklyn Law School, discusses her book "The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy," which is published by the American Bar Association. She begins by explaining how introverts and extroverts are different, and how legal education and practice favor extroverts over introverts. She describes how and why introverts can struggle in law school and practice, and provides advice on how to mitigate those struggles. And she explains why legal educators and the legal profession to acknowledge and address the burdens it places on introverted people. Brown is on Twitter at @introvertlawyer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cameron Cantrell on Electronic Searches

Thu, 23 Apr 2020 02:04:54 GMT

In this episode, Cameron Cantrell, a law student at the University of Washington School of Law, discusses potentially invasive warrants for computer searches (ex-ante versus ex-post warrant restrictions) and the police technologies widely available for decrypting mobile devices, like full device imaging for smartphones. Cameron is passionate about this topic and quite knowledgeable, bringing a student perspective to this area of the law. Cantrell is on Twitter at @fiftyfourwords.

This episode was hosted by Jess Miers, a student at Santa Clara University School of Law. Miers is on Twitter at @jess_miers.

Hosted on Acast. See acast.com/privacy for more information.

Caroline Cecot on Cost-Benefit Analysis

Thu, 23 Apr 2020 01:38:47 GMT

In this episode, Caroline Cecot, Assistant Professor of Law at Antonin Scalia Law School at George Mason University, discusses her article "Transparency in Agency Cost-Benefit Analysis," which she co-authored with Robert W. Hahn, and which will be published in the Administrative Law Review. Cecot begins by explaining what cost-benefit analysis is and how agencies use it to inform decisionmaking. She explains the role of cost-benefit analysis in agency transparency, and distinguishes between process and policy transparency. She describes their empirical study of agency cost-benefit analysis. And she explains how it should inform our understanding of cost-benefit analysis. Cecot is on Twitter at @CarolineCecot.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Romero and Frye on the Right to Unmarry

Tue, 21 Apr 2020 22:55:39 GMT

In this episode, Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law, and Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, discuss their new essay "The Right to Unmarry: A Proposal." They begin by explaining how the right to unmarry is unduly burdened and how, after Obergefell, restrictions on divorce, varying from statutory waiting periods to having to endure the divorce adjudication process, disrespect individual autonomy and violate the Constitution. They then explain that the right to unmarry should be unhitched from other considerations that are normally a part of the divorce adjudicative process and that issues such as property distribution, child support, and division of debts could be handled after immediate grants of divorce. They then answer a number of hypothetical scenarios addressing what their theory of unmarriage would look like in real world applications. Prof. Romero is on Twitter at @MaybellRomero and Prof. Frye at @brianlfrye.

This special episode was hosted by LawProfBlawg, an anonymous professor at a top 100 law school. LawProfBlawg is on Twitter at @lawprofblawg and writes a weekly column at Above The Law.

Hosted on Acast. See acast.com/privacy for more information.

J. Remy Green on Copyright in Videogames

Tue, 21 Apr 2020 01:09:05 GMT

In this episode, J. Remy Green, a partner at Cohen & Green PLLC, discusses their article "All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games," which is published in the North Carolina Journal of Law and Technology. Green begins by explaining how copyright doctrine conceptualizes videogames as audiovisual works. But they observe that videogame players can use videogames to create new works of authorship. They present four paradigms for such works and discuss how each should be conceptualized. And they provide a model for thinking about when, why, and how copyright should protect derivative works based on videogames. Green is on Twitter at @j_remy_green.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Hafsa Mansoor on Bail Reform

Fri, 17 Apr 2020 23:30:11 GMT

In this episode, Hafsa Mansoor, Seton Hall Law 3L, Center for Social Justice scholar, and student attorney at Seton Hall Immigrants' Rights and International Human Rights Clinic, discusses her paper, "Guilty Until Proven Guilty: Effective Bail Reform As A Human Rights Imperative," forthcoming in the Elon Law Journal in 2021. Ms. Mansoor discusses tragic stories that have arisen due to the use and preponderance of cash bail. She addresses the massive inequities connected to the use of risk based assessments, and discusses how cash bail systems disproportionately hurt minorities and the poor. Ms. Mansoor discusses recent, well-intended efforts at bail reform in New Jersey and the ways that it has failed. She then discusses how using a human rights lens to view access to justice as a human right could be used to reevaluated and reform bail throughout the country.

This episode was hosted by Maybell Romero, assistant professor at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

J. Remy Green on Imminence in First Amendment Jurisprudence

Fri, 17 Apr 2020 22:51:39 GMT

In this episode, J. Remy Green, a partner at Cohen & Green PLLC, discusses their article “Digitizing Brandenburg: Common Law Drift Toward a Causal Theory of Imminence,” which is published in the Syracuse Law Review. Green begins by discussing imminence as it has been applied since the pivotal U.S. Supreme Court case of Brandenburg v. Ohio, and how imminence has been conceptualized in a spatiotemporal manner. They continue by noting the uneven and unpredictable application of imminence by courts, arguing that the current system is unsustainable. Noting that the current moment of Brandenburg jurisprudence is ripe for common law innovation, Green proposes using a causal theory of imminence.

Green then explores the underlying First Amendment theory for speech restrictions and briefly discusses market failures in the “marketplace of ideas.” They also note a hypothetical “entrapment machine” presented by Judge Richard Posner and its relationship to the theory of imminence through analogy. They conclude by discussing the application of the causal theory of imminence in the real world and provides insights for students, scholars, and policymakers. They are on Twitter at @j_remy_green.

This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Jennifer Brinkley on Domestic Violence and Amanda's Law

Fri, 17 Apr 2020 03:59:22 GMT

In this episode, Jennifer Brinkley, assistant professor at the University of West Florida, discusses her paper The Failure of Amanda's Law in Kentucky: Creating Best Practices for Legislatures Passing Domestic Violence Statutes, published 2019 in the Quinnipiac Law Review. Brinkley tells the shocking story leading to drafting and passage of Amanda's Law in Kentucky, while reviewing some of its failings. She then gives a brief history of domestic violence law both in Kentucky and the United States more broadly. She then addresses how global position monitoring systems (GPMS), utilized by well-meaning legislation such as Amanda's Law, often experiences failures and is subject to potential abuse. Brinkley then makes recommendations to legislative bodies on drafting more effective domestic violence laws. Brinkley is on Twitter at @JusticeIsFemale. Her research can be found on SSRN.

This episode was hosted by Maybell Romero, assistant professor at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

John Mayer on CALI & the Future of Legal Education

Fri, 17 Apr 2020 01:11:28 GMT

In this episode, John P. Mayer, the executive director of CALI, the Center for Computer-Assisted Legal Instruction, discusses technology and legal education. He describes the history of CALI and some of its primary projects. He explains how CALI works to help law schools provide more effective legal education. And he describes how CALI is responding to the Covid-19 crisis. Among other things, he discusses CALI's open-access eLangdell casebook program and how it works. Mayer is on Twitter at @johnpmayer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Camilla Hrdy & Mark Lemley on Trade Secret Abandonment

Fri, 17 Apr 2020 00:30:19 GMT

In this episode, Camilla Hrdy, Associate Professor of Law at the University of Akron School of Law, and Mark A. Lemley, William H. Neukom Professor of Law at Stanford Law School and Director of the Stanford Program in Law, Science and Technology, discuss their article "Abandoning Trade Secrets," which will be published in the Stanford Law Review. They begin by explaining what trade secrets are and what they protect. They describe the conventional association of trade secrets with patents and observe that analogizing to trademark could be more helpful. They argue that trade secret law should draw on the trademark abandonment doctrine, and explain how it would improve trade secret policy. Hrdy is on Twitter at @CamillaHrdy and Lemley is on Twitter at @marklemley.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nicholson Price and Jonathan Tietz on Vanity Footnotes

Thu, 16 Apr 2020 01:13:18 GMT

In this episode, William Nicholson Price II, Professor of Law at the University of Michigan Law School, and Jonathan I. Tietz, a recent graduate of the University of Michigan Law School, discuss their article "Acknowledgements as a Window into Legal Academia," which will be published in the Washington University Law Review. Price and Tietz explain how publication works in legal scholarship, and how it differs from publication in other academic fields. They reflect on the benefits and costs of the legal publication model, and explain how they used acknowledgement footnotes to study legal scholarship empirically. They discuss their findings, and reflect on future projects. Price is on Twitter at @WNicholsonPrice and Tietz is on Twitter at @harmonslide.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Greg Shill on Congressional Securities Trading

Tue, 14 Apr 2020 04:00:17 GMT

In this episode, Gregory H. Shill, Associate Professor of Law at the University of Iowa discusses his essay, "Congressional Securities Trading." Shill begins by discussing how securities regulation manages trading by corporate insiders. His essay examines how to bring those regulatory structures over to manage trading by members of Congress. He is on Twitter at @greg_shill.

This episode was hosted by Benjamin P. Edwards, Associate Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. He is on Twitter at @benpedwards.

Hosted on Acast. See acast.com/privacy for more information.

Rachel Lopez on the Concept of Gravity in International Law

Fri, 10 Apr 2020 21:53:59 GMT

In this episode, Rachel E. Lopez, Associate Professor of Law and Director of the Andy and Gwen Stern Community Lawyering Clinic at Drexel University Thomas R. Kline School of Law, discusses her article "The Law of Gravity," which will be published in the Columbia Journal of Transnational Law. Lopez begins by describing the role of the concept of "gravity" in international law. She observes that it has always been a central concept, and reflects on how its role has changed over time. She explains how courts and other international bodies conceptualize and apply gravity. And she argues that it is the right way to approach international law. Lopez is on Twitter at @Rachel_E_Lopez.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Amanda Levendowski & Laura Ahmed on Teaching With Wikipedia

Thu, 09 Apr 2020 16:16:36 GMT

In this episode, Amanda Levendowski, Associate Professor of Law and founding Director of the Intellectual Property and Information Policy (iPIP) Clinic at Georgetown University Law Center, and Laura Ahmed, a 3L at Georgetown University Law Center, discuss using Wikipedia editing as a pedagogical tool in legal education, among other things. They describe the process of Wikipedia editing and how it can help law students learn and develop critical skills. And they explain how to implement Wikipedia editing in any law class. Levendowski is on Twitter at @levendowski.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Darya Balybina on Privacy Law

Tue, 07 Apr 2020 21:07:54 GMT

In this episode, Darya Balybina, a 3L at the University of New Hampshire Franklin Pierce School of Law, discusses her career in privacy law. In particular, she reflects on privacy issues presented by the Zoom platform, in relation to its near-universal adoption by law schools and other educational institutions. She also analyzes the class action law suit recently filed against Zoom, alleging privacy violations.

This interview was conducted by Jess Miers, a 2L at Santa Clara University School of Law. Miers blogs at CTRL-ALT-DISSENT and is on Twitter at @jess_miers.

Hosted on Acast. See acast.com/privacy for more information.

Rebecca Giblin on Copyright Contracts

Tue, 07 Apr 2020 15:41:13 GMT

In this episode, Rebecca Giblin, Associate Professor of Law at Melbourne Law School and Director of the Intellectual Property Research Institute of Australia, discusses her article "Are Contracts Enough? An Empirical Study of Author Rights in Australian Publishing Agreements," which she co-authored with Joshua Yuvaraj and will be published in the Melbourne University Law Review. Giblin begins by describing what copyright termination or reversion rights are and how they are supposed to work. She explains that they don't exist under Australian law and discusses her empirical study of publication contracts, which shows that contracts are no substitute. She reflects on why reversion is important and what he study can tell countries that do have a reversion right. Giblin is on Twitter at @rgibli.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Luke Morgan on Capitalism & the Decline of Journalism

Sun, 05 Apr 2020 21:24:30 GMT

In this episode, Luke Morgan discusses his article "The Broken Branch: Capitalism, the Constitution, and the Press," forthcoming in the Penn State Law Review. Morgan begins by discussing the economic decline of journalism, and why applying market logic to the public good of journalism has precipitated its decline. He continues by explaining why journalism cannot exist as a market product, arguing that its limited success in that regard is a result of a combination of subsidization by advertisers, a business model that has been destroyed by the internet. Describing two emerging models of addressing the problem -- patronage and corporatization -- he details how each undermines the democratic purpose of journalism without solving its fundamental economic problem.

Morgan then explores the role of the institutional press within the Constitutional system, noting the importance of press freedom and of the institutional press itself to America's founding generation. He argues that the Press Clause of the First Amendment has been essentially been written out of the Constitution through the Supreme Court's adoption of the "dissemination theory" of the Press Clause, and argues against that theory. He notes that the combination of market and political pressures threaten press freedom, creating a condition of "press unfreedom." Morgan concludes by providing his insights and recommendations for the public, policymakers, and governments. He is on Twitter at @s_lukemorgan.

This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Caroline Mala Corbin on Prohibiting Propaganda

Sun, 05 Apr 2020 14:42:13 GMT

In this episode, Caroline Mala Corbin, Professor of Law & Dean's Distinguished Scholar at the University of Miami School of Law, discusses her article "Trump's Lies: The Unconstitutionality of Government Propaganda," which will be published in the Ohio State Law Journal. Corbin argues that the First Amendment should limit government speech, specifically propagandistic government speech. She provides a definition of the kinds of propaganda that can and should be prohibited, and explains why such a prohibition is consistent with First Amendment values. Corbin is on Twitter at @CarolineMCorbin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lisa Tucker on Post-Adoption Contact

Sat, 04 Apr 2020 18:17:03 GMT

In this episode, Lisa A. Tucker, Associate Professor at Drexel University Thomas R. Kline School of Law, discusses her article "From Contract Rights to Contact Rights: Rethinking the Paradigm for Post-Adoption Contact Agreements," which will be published in the Boston University Law Review. Tucker begins by briefly describing the history of adoption in the United States, and how it has changed in the last 50 years. She observes that most adoptions are currently "open," and often include post-adoption contact agreements. However, those agreements are generally not enforceable by birth parents. Tucker argues that we should shift to a system of rights, rather than agreements, for the best interests of the child. Tucker's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rohan Grey on Monetary Policy

Thu, 02 Apr 2020 11:04:03 GMT

In this episode, Rohan Grey, incoming Assistant Professor of Law at Willamette University College of Law, discusses his article, "Administering Money: Coinage, Debt Crises, and the Future of Fiscal Policy," as well as his recent work on fiscal policy. Grey begins by describing the conventional understanding of fiscal policy and the relationship between Congress, Treasury, and the Federal Reserve, especially in relation to debt limits. He explains how the Treasury has other options, specifically minting a high-value coin to avoid debt limits. And he reflects on how this ought to affect our understanding of the relationship between money and debt, especially in relation to our current economic crisis. Grey is on Twitter at @rohangrey.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Morley on Election Emergencies

Wed, 01 Apr 2020 00:22:48 GMT

In this episode, Michael T. Morley, Assistant Professor of Law at Florida State University School of Law, discusses his article "Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks," which is published in the Emory Law Journal. Morley begins by describing the different legal regimes governing "election emergencies," or unexpected events that affect the administration of elections. He reflects on how elected officials have addressed election emergencies in the past, what worked, and what didn't. And he offers suggestions about how to prepare for election emergencies caused by the coronavirus pandemic. Morley is on Twitter at @michaelmorley11.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alejandro de la Fuente and Ariela Gross on the Law of Freedom & Slavery

Tue, 31 Mar 2020 02:21:43 GMT

In this episode, Alejandro de la Fuente, Robert Woods Bliss Professor of Latin American History and Economics, Professor of African and African American Studies and of History and Director of the Afro-Latin American Research Institute at Harvard University, and Ariela J. Gross, John B. and Alice R. Sharp Professor of Law and History and Co-Director of the Center for Law, History, and Culture at the University of Southern California Gould School of Law, discuss their new book, "Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana," which is published by Cambridge University Press. They begin by explaining the origins of the project. They explain why they chose those three jurisdictions, and reflect on how the law of freedom affected the law of slavery. And they discuss how and why the three jurisdictions developed in different ways. Gross is on Twitter @arielagross.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ben Carter on Equal Justice in Kentucky

Mon, 30 Mar 2020 01:09:21 GMT

In this episode, Ben Carter, Senior Litigation and Advocacy Counsel at the Kentucky Equal Justice Center, discusses his work litigating the right to healthcare, voting, and housing. Among other things, he discusses the history and purpose of the KEJC and some of its current litigation projects. He also reflects on how the pandemic will affect low-income people in Kentucky. You can listen to Carter's imaginary law school commencement address here. Carter is on Twitter at @notbencarter.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Sinha on COVID-19, Historical Pandemics, and the Legal Limitations of Quarantine

Sun, 29 Mar 2020 01:51:17 GMT

In this episode, Michael Sinha, Research Fellow at the Harvard-MIT Center for Regulatory Science at Harvard Medical School and Visiting Scholar at the Center for Health Policy and Law at Northeastern University School of Law, discusses three of his articles, "The Perils of Panic: Ebola, HIV, and the Intersection of Global Health and Law," published in 2016 in the American Journal of Law and Medicine, "A Panic Foretold," published in 2016 in Critical Public Health, and his most recent work, "Covid-19 -- The Law and Limits of Quarantine," published in the New England Journal of Medicine earlier this month. Dr. Sinha starts by relating the history of American responses--political, public, and in the public health sphere--to outbreaks of diseases such as AIDS and Ebola. He discusses the usual reaction on the part of the public to outbreaks of new illnesses and how such a reaction hinders efforts to halt the spread of illness. He then discusses quarantines that may be implemented by both state and federal governments, recognizing that there are likely uncertain constitutional limitations on using such given that the United States has not experienced a serious a pandemic like Covid-19 since the early 1900s. Dr. Sinha is on Twitter at @DrSinhaEsq.

This episode was hosted by Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Ipse Dixit Happy Hour 0: Is More Always More?

Sat, 28 Mar 2020 08:10:55 GMT

In this special series hosted by Jennifer Sturiale, a group of legal scholars discuss a question over drinks. This episode features Mark Lemley, William H. Neukom Professor of Law at Stanford Law School, Gus Hurwitz, Associate Professor of Law at the Nebraska College of Law, and Jacob Victor, Acting Assisting Professor of Lawyering at New York University School of Law discussing the following question:

Many IP scholars assume that "more is more." They assume that copyright law can constrain speech, so copyright law should also be constrained. And they argue that patent law can constrain innovation, so patent law should also be constrained. But is it always true that more speech and more innovation are better? Is it possible that "less is more" or "less is better"?

This episode is "patient zero" for the new series. Let us know what you think! Email brianlfrye@gmail.com or tweet @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Coronavirus Cocktail Hour 5: Antrim Cocktail

Thu, 26 Mar 2020 02:13:16 GMT

In this special series of coronavirus pandemic episodes, Maybell Romero and Brian L. Frye explore Charles H. Baker, Jr.'s mixological treatise, "The Gentlemen's Companion: Around the World with Jigger, Beaker and Flask," which was originally published in 1939 by Derrydale Press. Each episode will feature one drink. Romero and Frye will read Baker's description of the drink and his recipe, prepare the drink, and describe how it tastes.

Antrim Cocktail

1 oz. cognac

1 oz. port

0.5 tsp. sugar

shake with cracked ice, serve in manhattan glass

Hosted on Acast. See acast.com/privacy for more information.

Anthony Sanders on Baby Ninth Amendments

Wed, 25 Mar 2020 22:27:23 GMT

In this episode, Anthony Sanders, Director of the Institute for Justice’s Center for Judicial Engagement, discusses his articles "Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War," which was published in the Mercer Law Review, and "Baby Ninth Amendments Since 1860: The Unenumerated Rights Americans Repeatedly Want (and Judges Often Don’t)," which is published in the Rutgers Law Review. Sanders begins by explaining the 9th and 10th Amendments to the United States Constitution and how they have been interpreted. He observes that many state constitutions also include provisions modeled on the 9th and 10th Amendments, which he calls "baby" 9th and 10th amendments. He argues that those state constitutional provisions were clearly intended to protect unenumerated rights, and that judges should interpret them accordingly. And he reflects on how they can inform our understanding of the United States Constitution. Sanders is on Twitter at @IJSanders.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Judge Justin Walker on Judicial Decisionmaking

Tue, 24 Mar 2020 23:30:13 GMT

In this episode, the Honorable Justin R. Walker of the United States District Court for the Western District of Kentucky discusses his views on judicial decisionmaking and the role of the judge. Walker begins by describing his background and how he became a judge. He reflects on impartiality and fairness, and how to ensure criminal punishment is appropriate. He discusses how he hires his law clerks and the role they play in his chambers. And he discusses "plagiarism" in court filing.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anna Lukina on Kelsen & Communist Theories of Law

Tue, 24 Mar 2020 17:41:57 GMT

In this episode, Anna Lukina, a graduate student at Harvard Law School, discusses her draft article "Opening the Pandora's Box: Kelsen and the Communist Theory of Law." Lukina begins by describing the basic features of Communist theories of law. She explains Hans Kelsen's "Pandora's box" objection to natural law theory, and why Kelsen believed that the objection also applied to Communist theories of law. She argues that Kelsen's objection applies to some Communist theories of law, but not all of them. She also reflects on why studying Communist theories of law can help us better understand the nature of law. Lukina is on Twitter at @ANNVYSHINSKY.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Judge Emily Miskel on the Judiciary During a Pandemic

Tue, 24 Mar 2020 01:59:18 GMT

In this episode, Judge Emily Miskel of the 470th district court of Collin County, Texas discusses her work as a state court judge and how the judiciary is functioning during the coronavirus pandemic. Among other things, she reflects on how she became a judge and how becoming a judge affected her perspective on good lawyering. Judge Miskel is on Twitter at @emilymiskel.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Chief Justice McCormack and Judge Dillard on Judicial Social Media

Mon, 23 Mar 2020 23:13:50 GMT

In this episode, Chief Justice Bridget McCormack of the Michigan Supreme Court and Judge Stephen Dillard of the Court of Appeals of the State of Georgia, discuss how and why judges should use social media to help the public better understand the work of the judiciary. They begin by explaining how they became judges and how their think about their jobs. And they describe how they use social media to advance the administration of justice. Chief Justice McCormack is on Twitter at @BridgetMaryMc and Judge Dillard is at @JudgeDillard.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Joy Kanwar on Acting & Legal Education

Mon, 23 Mar 2020 22:42:54 GMT

In this episode, Joy Kanwar, Associate Professor of Legal Writing at Brooklyn Law School, discusses her article "Avatars, Acting, and Imagination: Bringing New Techniques Into the Legal Classroom," which is published in the Journal of the Legal Profession. Kanwar begins by explaining how acting techniques can help law students learn and become better lawyers. She reflects on how she uses acting techniques in her classes. And she observes that concepts like adopting an "avatar" can encourage listening and engagement. Kanwar is on Twitter at @KanwarJoy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Coronavirus Cocktail Hour 4: Alamagoozlum

Mon, 23 Mar 2020 05:41:50 GMT

J. Pierpont Morgan's Alamagoozlum, the Personal Mix Credited to that Financier, Philanthropist, & Banker of a Bygone Era

0.75 oz. gold rum

0.75 oz. sugar syrup

0.75 oz. green or yellow Chartreuse

0.25 oz. curacao

0.25 oz. Angostura bitters

1 oz. gin

1 oz. water

1/4 egg white

Shake with cracked ice and serve in cocktail glasses.

Hosted on Acast. See acast.com/privacy for more information.

Coronavirus Cocktail Hour 3: Adios Amigos

Sat, 21 Mar 2020 23:38:37 GMT

Adios Amigos

2 oz. white rum

1 oz. dry vermouth

1 oz. cognac

1 oz. gin

Juice of 1 lime

Shake with cracked ice. Makes two cocktails. Serve in champagne coupes.

Hosted on Acast. See acast.com/privacy for more information.

Coronavirus Cocktail Hour 2: An Absinthe Frappe

Sat, 21 Mar 2020 02:34:32 GMT

An Absinthe Frappe, from Heliopolis Palace, Cairo

For 2 drinks

4 oz. absinthe

1 tsp. anisette

4 oz. cracked ice

Shake and pour into champagne coupes.

Hosted on Acast. See acast.com/privacy for more information.

Mason Marks on Emergent Medical Data

Fri, 20 Mar 2020 23:03:50 GMT

In this episode, Dr. Mason Marks, Assistant Professor of Law at Gonzaga University School of Law and Affiliated Fellow at Yale Law School's Information Society Project, discusses his article "Emergent Medical Data: Health Information Inferred by Artificial Intelligence," which will be published in the UC Irvine Law Review. Marks begins by explaining how technology companies derive "emergent medical data" from traces of information created by and about consumers, and how emergent medical data differs from traditional medical data. He recognizes the beneficial potential of emergent medical data, but observes that the costs associated with it are already apparent and substantial. He argues that the government should regulate emergent medical data in light of those risks. Marks is on Twitter at @MasonMarksMD.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Luke Herrine on Socializing Contracts

Fri, 20 Mar 2020 22:31:11 GMT

In this episode, Luke Herrine, a PhD candidate in Law at Yale Law School and Law and Political Economy Fellow, discusses his draft article "Socializing Contract." Herrine begins by explaining what he means by "socializing" and "de-socializing" contract law. He briefly describes the history of contract theory, and reflects on how modern contract theory tends to de-socialize contracts by conceptualizing them as purely private agreements, rather than reflections of political choices. He argues for a re-socialization of contract theory on realist terms, and explains how it would better serve our political needs. Herrine is on Twitter at @LDHerrine.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Coronavirus Cocktail Hour 1: An Absinthe Cocktail

Fri, 20 Mar 2020 01:12:39 GMT

Episode 1 features "An Absinthe Cocktail":

1.5 jiggers absinthe

1 dash anis or anisette

0.5 jiggers water

0.5 teaspoons sugar or syrup

1 dash Angostura bitters

1 dash orange bitters

1 teaspoon egg white

Twist of lemon or lime

Hosted on Acast. See acast.com/privacy for more information.

Brian L. Frye on (Eventually) Becoming a Law Professor

Thu, 19 Mar 2020 20:33:54 GMT

In this episode, Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, discusses his circuitous path to legal academia. He describes his initial interest in filmmaking, his studies in art school, his many failures, his eventual decision to attend law school, and his eventual decision to pursue a job as a law professor. He also offers some thoughts on what potential law students should keep in mind, and how law students can become law professors. Frye is on Twitter at @brianlfrye.

This interview was conducted by John Paul Hicks, a law student at the University of Kentucky College of Law. Hicks is on Twitter at @RealJPH.

Hosted on Acast. See acast.com/privacy for more information.

Christa Laser on Equitable Defenses in Patent Law

Tue, 17 Mar 2020 22:35:29 GMT

In this episode, Christa Laser, a senior associate at WilmerHale in Washington D.C., discusses her article "Patent Law's Equitable Defenses: The Coming Battle of Dynamic and Traditional Interpretive Regimes," which will be published in the University of Miami Law Review. Laser begins by discussing the difference between legal and equitable regimes and defenses. She describes the equitable defenses available in patent law, and explains why it is unclear how courts should apply them under the Patent Act. She observes that different interpretive approaches suggest different applications of those defenses. And she discusses her draft article "Certiorari in Patent Cases at the Supreme Court," which she co-authored with Judge Arthur Gajarsa. Laser is on Twitter at @ChristaLaser.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Pamela Foohey on Fintech and Debt Inequality

Fri, 13 Mar 2020 23:41:45 GMT

In this episode, Pamela Foohey, Associate Professor of Law at the Indiana University Maurer School of Law, discusses her article "Reducing The Wealth Gap Through Fintech 'Advances' in Consumer Banking and Lending," co-authored with Nathalie Martin, Associate Dean for Faculty Development and Frederick M. Hart Chair in Consumer and Clinical Law at the University of New Mexico School of Law. The article is forthcoming in the University of Illinois Law Review. Foohey begins by discussing inequalities in income, wealth, and debt, and how those inequalities affect minority groups in disparate ways. She discusses how consumer credit products worsen the disparate economy, particularly in reference to minority groups' access to banking and lending services. Focusing on home, student, and short-term loans, she describes how a lack of choice and opportunity has facilitated a flow of wealth from low-income groups to high-income groups.

Foohey details how early wage access and other fintech innovations could alleviate or worsen inequality for ethnic and racial minorities, exploring how current fintech products interact with current inequities. She then details policy solutions to address wealth and debt gaps, highlighting four tenets for confronting debt inequality. She reviews political proposals from presidential candidates and members of congress, and explores the potential for a postal banking system. Foohey concludes by providing her insights and recommendations for the public, policymakers, and governments. Foohey is on Twitter at @PamelaFoohey.

This episode was hosted by Luce Nguyen. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Jennifer Romig and Mark Burge on Legal Literacy for Nonlawyers

Thu, 12 Mar 2020 22:03:13 GMT

In this episode, Jennifer Murphy Romig, Professor of Practice at Emory University School of Law, and Mark Edwin Burge, Professor of Law and Director of San Antonio Programs at Texas A&M University School of Law, discuss their work on legal education outside JD and LLM programs, in relation to their new book "Legal Literacy and Communication Skills: Working With Law and Lawyers," which is published by Carolina Academic Press 2020. They begin by explaining what non-JD and LLM legal education is and how it can help clients understand and use legal advice more effectively and efficiently. They describe their book, and how it approaches teaching legal concepts outside of a traditional law school context. And they reflect on how these programs are likely to play an important role in the future of legal education and practice. Romig is on Twitter at @JenniferMRomig and Burge is at @markburge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ezra Young on Litigating Trans Rights

Thu, 12 Mar 2020 01:29:26 GMT

In this episode, Ezra Ishmael Young, a civil rights attorney based in New York City, whose litigation and scholarship centers on trans rights, discusses his article "What the Supreme Court Could Have Heard in R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens," which will be published in the California Law Review Online. Young begins by explaining what happened in R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens and what is at state in the case. He explains how counsel for Stephens framed the case, and why it was both ineffective and troubling. He explains an alternative approach that would have been more effective and more respectful of Stephens's experience. He discusses his approach to writing the article, and reflects on how this case should inform approaches to trans rights litigation. Young is on Twitter at @ezraiyoung.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Thomas McSweeney on the Professionalization of the Common Law

Tue, 10 Mar 2020 22:16:08 GMT

In this episode, Thomas J. McSweeney, Professor of Law at William & Mary Law School, discusses his book "Priests of the Law: Roman Law and the Making of the Common Law's First Professionals," which is published by Oxford University Press. McSweeney begins by describing the English legal system of the 11th and 12th centuries. He explains the relationship between the early common law, Roman or civil law, and canon law. He discusses the influence of Roman law on early common law scholars, as they conceptualized the common law and professionalized the judiciary. And he reflects on the historical influence of their work. McSweeney is on Twitter at @tjmcsweeney1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

JoAnne Sweeny on Comparative #metoo Movements

Mon, 09 Mar 2020 21:18:03 GMT

In this episode, JoAnne Sweeny, Professor of Law at the University of Louisville Louis D. Brandeis School of Law, discusses her Fulbright research o comparative #metoo movements in the United States and Europe. Sweeny begins by describing the origins and development of the #metoo movement in the United States. She observes that similar movements emerged in many other countries at the same time, including many European countries. She looks specifically at Finland, Germany, and Portugal, explaining the similarities and differences between different movements. She closes by explaining how she obtained Fulbright support for her research, and makes suggestions for other legal scholars interested in obtaining a Fulbright. Sweeny is on Twitter at @joannesweeny.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Day & Stemler on Dark Patterns in Online Privacy

Mon, 09 Mar 2020 19:12:56 GMT

In this episode, Greg Day, Assistant Professor of Legal Studies at the Terry College of Business, and Abbey Stemler, Assistant Professor of Business Law and Ethics at Indiana University Kelley School of Business, discuss their article "Are Dark Patterns Anticompetitive?" This article explores how online platforms utilize tactics to manipulate the attention cycle of their users and invade decisional privacy. It also explains how antitrust law rather than privacy laws may be the proper conduit to protect consumers. Day is on Twitter at @greg_r_day and Stemler is at @MillenialProf1.

This episode was hosted by SJ Morrison, a law student at Duquesne University School of Law.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 108: The Testament Of Freedom & Songs From "Drum Taps" (1956)

Mon, 09 Mar 2020 18:32:30 GMT

In 1956, Eastman-Rochester Pops Orchestra & Chorus, conducted by Howard Hanson, recorded "The Testament of Freedom" (Four Passages From the Writings of Thomas Jefferson) and "Songs From 'Drum Taps'" (Poems By Walt Whitman). The LP was published by Mercury, as part of American Music Festival, Vol. 1. This recording is available on archive.org. Thanks to Mike Overby for suggesting this recording.

Track List:

Side 1

The Testament Of Freedom

The God Who Gave Us Life

We Have Counted The Cost

We Fight Not For Glory

I Shall Not Die Without A Hope

Side 2

Songs From "Drum Taps"

Beat! Beat! Drums!

By The Bivouac's Fitful Flame

To Thee, Old Cause

Hosted on Acast. See acast.com/privacy for more information.

Alexandra Roberts on Online Legal Education

Thu, 05 Mar 2020 21:38:08 GMT

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses her experiences with online legal education. Roberts created an online trademarks class, offered to students at any law school, which she has taught twice. She explains how she designed and created the class, and reflects on what she has learned about online legal education by teaching it. Roberts is on Twitter at @lexlanham.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lucy Jewel on the "Reasonable Man"

Thu, 05 Mar 2020 07:35:39 GMT

In this episode, Lucy Jewel, Professor of Law and Director of Legal Writing at the University of Tennessee College of Law, discusses her article "Does the Reasonable Man Have Obsessive Compulsive Disorder?," which was published in the Wake Forest Law Review. Jewel begins by describing the origins of the "reasonable man" concept, and its role in legal doctrine. She reflects on the ideological assumptions implied by the reasonable man standard, and observes how they are reflected in specific cases. She argues that the reasonable man standard reflects a pathological ideology, and suggests that we can do better.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Edward De Barbieri on Opportunity Zones and Community Development

Tue, 03 Mar 2020 19:53:33 GMT

In this episode, Edward W. De Barbieri, Associate Professor of Law and Director of the Community Economic Development Clinic at Albany Law School, discusses his draft article "Opportunism Zones." De Barbieri begins by explaining what "opportunity zones" are and why they were created. He observes that they present the risk of abuse, and that in the absence of reporting requirements, it is impossible to know whether they are being abused. He reflects on the purposes of place-based economic development. And he discusses some ways in which the government could make opportunity zones more effective. De Barbieri is on Twitter at @TedDeBarbieri.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael J.Z. Mannheimer on Chebatoris & the New Deal for Crime

Tue, 03 Mar 2020 08:13:07 GMT

In this episode, Michael J.Z. Mannheimer, Professor of Law at Northern Kentucky University Chase College of Law, discusses his article "The Unusual Case of Anthony Chebatoris: The 'New Deal for Crime' and the Federal Death Penalty in Non-Death States," which will be published in the Syracuse Law Review. Mannheimer begins by explaining why the death penalty presents a federalism problem, when federal law permits the execution of people who commit crimes in states that have abolished the death penalty. He observes that only one person has ever been executed under federal law in a non-death penalty state, Anthony Chebatoris. He describes the circumstances of Chebatoris's crime, trial, and execution. And he reflects on what lessons we should take away from the case.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Aaron Roth & Michael Kearns on Ethical Algorithms

Tue, 03 Mar 2020 07:32:54 GMT

In this episode, Aaron Roth and Michael Kearns, both professors of computer science at the University of Pennsylvania, discuss their new book, The Ethical Algorithm (Oxford U. Press 2020). This wide-ranging interview covers issues related to privacy, fairness, and explainable algorithms. The interview has three parts. First, Aaron and Michael explain the goal, process, and limits of differential private data. Second, they discuss various definitions of fairness in algorithmic decision-making and point out that simultaneously maximizing fairness along several dimensions may be impossible to achieve. Finally, they briefly discuss how an inscrutable, “black box” algorithm can be made to produce explainable decisions in specific contexts. Most interestingly, the authors provide several examples of how the process of translating laws into specific directions that machine learning models can follow may demonstrate that our laws are asking for the impossible. For example, it may be impossible to create a credit-underwriting algorithm that is “fair” to both women and black borrowers at the same time despite what the Equal Credit Opportunity Act purports to require. Roth and Kearns are both on Twitter at @Aaroth and @mkearnsupenn, respectively. This episode was hosted by Matthew Bruckner, an associate professor of law at Howard University School of Law. He is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 7: Louis M. Kohlmeier, Jr., "God Save This Honorable Court: The Supreme Court Crisis, Part 1" (1972)

Thu, 27 Feb 2020 05:08:51 GMT

Part 1: The Perils of Cronyism

A summary of the Supreme Court's place in United States society through the lenses of white supremacy and the process of nominating new justices. It covers the development of African-American-driven civil rights case law as a pressure on American politics. Ultimately, Part 1 is about what lead to the Warren Court's famously liberal rulings, the effects those rulings had on the United States, and then the retirement of Earl Warren. President Lyndon Johnson's preference for promoting his loyal followers, including Abe Fortas, lead to a delay in Warren's retirement that allowed President Nixon choose Warren's successor. This, among social factors also explored, lead to a sharp right-wing turn for the Court.

Timestamps:

[00:00:00] Part 1 Introduction

[00:01:55] Prologue

[00:05:50] 1) The Beginnings of a Battle

[00:41:42] 2) The Nature of the Court

[01:18:03] 3) The Abiding Issue

[01:46:08] 4) The Warren Court Leads

[02:24:15] 5) The Black Seat

[03:11:15] 6) The Perils of Cronyism

God Save This Honorable Court: The Supreme Court Crisis, Part 1 by Louis M. Kohlmeier, Jr.

This episode of Lex Phonographica was read by Mike Overby of Amicus Lectio. You can find the individual chapters on the Internet Archive.

Hosted on Acast. See acast.com/privacy for more information.

Jill Goldenziel on China's Use of Lawfare

Wed, 26 Feb 2020 17:40:55 GMT

In this episode, Dr. Jill Goldenziel, Associate Professor at the Marine Corps University-Command and Staff College and Distinguished Senior Scholar at the University of Pennsylvania's Fox Leadership International Program, discusses her draft article "Law as a Battlefield: The US, China, and the Global Escalation of Lawfare." Goldenziel begins by explaining what "lawfare" is and how states use lawfare to achieve strategic objectives. She reflects on why China finds lawfare especially appealing, and discusses several examples of how China has deployed lawfare strategies. She argues that the United States should develop a more programmatic lawfare strategy, and explains why it would advance United States strategic interests. Goldenziel is on Twitter at @JillGoldenziel.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nebraska Law Showcase 3: Gus Hurwitz on Information Theory & Free Speech

Tue, 25 Feb 2020 18:54:34 GMT

In this episode, Justin (Gus) Hurwitz, Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Law Program at the University of Nebraska College of Law, discusses his article "Madison and Shannon on Social Media" and his work in progress "An Information Theory of Information Pollution." Hurwitz begins by explaining what information theory is and how it conceptualizes the transmission of information. He argues that information theory calls into question the "marketplace of ideas" theory of free speech, especially as the cost of publication approaches zero. Hurwitz's scholarship is available on SSRN. He is on Twitter at @GusHurwitz.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nebraska Law Showcase 2: Anthony Schutz on Natural Resource Districts

Tue, 25 Feb 2020 18:29:27 GMT

In this episode, Anthony Schutz, Associate Professor of Law at the University of Nebraska College of Law, discusses his work on natural resource districts and the management of natural resources by local governments. Schutz begins by explaining what a natural resources district is and how they function in Nebraska. He describes his experiences serving as an elected member of a natural resources board, and reflects on how that service has informed his scholarship and teaching. Schutz is on Twitter at @anthony_schutz.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nebraska Law Showcase 1: Jack Beard on Space Law

Tue, 25 Feb 2020 18:05:05 GMT

In this episode, Jack M. Beard, Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Program at the University of Nebraska College of Law, discusses his work on the Woomera Manual on the International Law of Military Space Operations. Beard begins by identifying the sources of the international law governing outer space. He describes the Woomera Manual project to provide a restatement of space law. And he reflects on the challenges and promise of the project.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nebraska Law Showcase: Introduction

Tue, 25 Feb 2020 04:08:37 GMT

On February 20, 2020, Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, was invited to visit the Nebraska College of Law, to deliver a faculty talk and interview some members of the Nebraska Law faculty about their scholarship.

Hosted on Acast. See acast.com/privacy for more information.

Alex Klein on Delegating Killing

Tue, 25 Feb 2020 03:07:48 GMT

In this episode, Alexandra L. Klein, Visiting Assistant Professor of Law at Washington & Lee University School of Law, discusses her article "Nondelegating Death." Klein begins by describing the nondelegation doctrine, its purpose, and history. She explains how nondelegation is relevant to the death penalty. And she observes that legislatures often delegate decisions about methods of execution. She argues that the nondelegation doctrine should require legislatures to wrestle with the "machinery of death." Klein is on Twitter at @ALKM27.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Sherman-Stokes on Third-Party Deportation

Mon, 24 Feb 2020 08:21:43 GMT

In this episode, Sarah Sherman-Stokes (@sshermanstokes), Lecturer and Clinical Instructor and Associate Director of the Immigrants’ Rights and Human Trafficking Clinic at Boston University School of Law, discusses her new article “Third Country Deportation,” forthcoming this spring in the Indiana Law Review. Prof. Sherman-Stokes begins by orienting the listener to different forms of “shadow deportation”; removal from the United States by a number of different extrajudicial methods. She then focuses on what she terms “third country deportations.” Even if a non-citizen is granted relief under the Convention Against Torture, relief under which is mandatory of a showing is made that a non-citizen will be subject to torture if returned to their country of origin, they may still be removed to a third country without notice. Virtually no guidance, either statutory or regulatory exists regarding how such third country deportations should proceed, and Prof. Sherman-Stokes provides an overview of the limited forms of relief a non-citizen may seen when facing such removal and argues that our domestic and international legal obligations require meeting certain minimal levels of due process as well as evidentiary hearings.

Professor Sherman-Stokes’ scholarship is available on SSRN This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Brian L. Frye, Awkward Silence (2020)

Mon, 24 Feb 2020 07:33:57 GMT

On January 5, 2020, at the Association of American Law Schools Annual Conference, the Section of Intellectual Property and the Section on Art Law co-hosted a panel on "Museums, Virtual Museum, and Intellectual Property." Brian L. Frye was a panelist, and presented a talk titled, "The Trouble With Conceptual Art." He argued, inter alia, that museums should consider whether the purchase and sale of conceptual art violates the securities laws. He also realized a work of conceptual art titled "Awkward Silence," which comprises a presenter including an unannounced period of silence of indefinite duration. The work is available in an unlimited edition. Send your mailing address to brianlfrye@gmail.com in order to receive a certificate.

Hosted on Acast. See acast.com/privacy for more information.

Billy Magnuson on Blockchain Democracy

Fri, 14 Feb 2020 23:50:50 GMT

In this episode, William J. Magnuson, Associate Professor of Law at Texas A&M University School of Law, discusses his book, "Blockchain Democracy: Technology, Law and the Rule of the Crowd," which is published by Cambridge University Press. Magnuson begins by explaining what blockchain and bitcoin are, how they work, and why people find them compelling. He describes the origins of blockchain, why it was created, and how it is used. He reflects on potential problems with blockchain technology, especially in relation to democratic values. And he suggests that it offers both promise and risk. Magnuson is on Twitter at @profmagnuson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Zachary Kaufman on "Bad Samaritan" Laws

Fri, 14 Feb 2020 19:11:05 GMT

In this episode, Zachary D. Kaufman, Associate Professor of Law and Political Science at the University of Houston Law Center, discusses his article "Protectors of Predators or Prey: Bystanders and Upstanders Amid Sexual Crimes," which is published in the Southern California Law Review. Kaufman begins by describing "bad samaritan" laws, or laws that punish the failure to intervene to prevent or report crimes committed by others. He provides several examples of bad samaritan laws, and identifies circumstances in which they should or should not apply. He also discusses his ongoing work cataloguing bad samaritan laws and studying their effects. Kaufman is on Twitter at @zacharykaufman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Aníbal Rosario-Lebrón on Truth and the Federal Rules of Evidence

Thu, 13 Feb 2020 06:49:52 GMT

In this episode, my colleague Aníbal Rosario-Lebrón, Assistant Professor of Lawyering Skills at Howard University School of Law, discusses his new article, "Evidence’s #MeToo Moment." Aníbal argues why the Federal Rules of Evidence related to character for truthfulness evidence need to be revised. While these rules are facially neutral, Aníbal explains that they arise from a false premise (i.e. that a person who lies in one context will lie in any context) and that they encourage jurors to discount the stories of victims of sexual and gender-based violence. Aníbal discusses his proposed remedies, potential issues with implementing his proposed changes, and reasons why people might object to his proposal. Aníbal’s article, Evidence’s #MeToo Moment, was recently published by the University of Miami Law Review and is available on its website. Aníbal is on Twitter at @ARosarioLebron.

This episode was hosted by Matthew A. Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Bridget Dooling on Regulatory Review

Wed, 12 Feb 2020 06:02:37 GMT

In this episode, Bridget C.E. Dooling, Research Professor at the George Washington University Regulatory Studies Center, discusses her draft article "Bespoke Regulatory Review." Dooling begins by describing the Office of Information and Regulatory Affairs (OIRA) and what it does. She explains the difference between independent and non-independent agencies, and how OIRA interacts with them differently. She observes that the lack of OIRA review can make independent agency actions more vulnerable to judicial review. And she discusses how OIRA could best add value to independent agencies, especially via tailored review processes. Dooling is on Twitter at @BridgetDooling.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Elizabeth Katz on Race & Religion in Mid-Century New York City

Wed, 12 Feb 2020 04:25:36 GMT

In this episode, Elizabeth D. Katz, Associate Professor of Law at Washington University in St. Louis School of Law, discusses her article "'Racial and Religious Democracy': Identity and Equality in Mid-Century Courts," which will be published in the Stanford Law Review. Katz begins by explaining the legal relationship between race and religion in the early 20th century and how it differed from today. She describes the mid-century New York City family court system and how it was affected by the intersection of race and religion. She discusses several people who had a profound impact on the family court system. And she reflects on its legacy. Katz is on Twitter at @elizabethdkatz.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tabrez Ebrahim on Islamic Patent Jurisprudence

Thu, 06 Feb 2020 06:06:32 GMT

In this episode, Tabrez Y. Ebrahim, Associate Professor of Law at California Western School of Law, discusses his draft article, "Intellectual Property Through a Non-Western Lens: The Case of Patents in Islamic Law." Ebrahim begins by explaining the structure of Islamic jurisprudence and how it conceptualizes property rights. He asks, "What is the appropriate construct of patents in Islamic law that can be implicitly derived and justified from theological sources?" And he develops the fiqh (Islamic jurisprudence) of patents and provides the first examination of the theory of patents within Islamic law.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

CJ Ryan on Law School Debt

Thu, 06 Feb 2020 04:46:59 GMT

In this episode, Christopher J. (CJ) Ryan, Jr., Associate Professor at Roger Williams University School of Law, discusses his scholarship on law school indebtedness, the public service loan forgiveness (PSLF) program, and their effects on law students’ career choices. CJ argues that the PSLF program can help counter “public interest drift” and solve the access to justice gap. His work highlights the importance of the PSLF program, particularly for women, first-generation law students, and historically underrepresented racial minorities. He also discusses the results from an original survey he administered at four law schools, revealing novel findings about law students’ expected debt loads, career choices, and intentions to participate in the PSLF program. CJ’s article, Paying for Law School: Law Student Loan Indebtedness and Career Choices, is on SSRN. CJ is on Twitter at @DeucesTecum.

This episode was hosted by Matthew A. Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Megan Stevenson on Algorithmic Risk Assessment

Wed, 05 Feb 2020 02:43:01 GMT

In this episode, Megan T. Stevenson, Assistant Professor of Law at George Mason University Antonin Scalia Law School, discusses her article "Algorithmic Risk Assessment in the Hands of Humans," which she co-authored with Jennifer L. Doleac. Stevenson begins by explaining how and why courts traditionally sentenced criminal defendants, focusing on the goal of incapacitation, which requires an assessment of the risk of recidivism. She observes that algorithmic risk assessment promises to make incapacitation more efficient, but notes many potential concern. She describes the empirical study of Virginia's program she conducted with Doleac, and observes that judges seem to depart from the algorithm's recommendations, especially for young defendants. She also observes that judges unexpectedly imposed lighter sentences on low-risk sex offenders. Stevenson is on Twitter at @MeganTStevenson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

John Newman on Justifying Antitrust Law

Tue, 04 Feb 2020 07:14:30 GMT

In this episode, John M. Newman, Associate Professor of Law at the University of Miami School of Law, discusses his article "Procompetitive Justifications in Antitrust Law," which was published in the Indiana Law Journal. Newman begins by explaining the purpose of antitrust law, and how courts use the "rule of reason" to determine whether particular conduct violates antitrust law. He describes three different theories of antitrust enforcement, and argues that the "market failure" approach is the most desirable. He explains why it is superior to the other existing theories, and how its application can be improved. Newman is on Twitter at @johnmarknewman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Krista Thomason on Shame

Thu, 30 Jan 2020 02:05:31 GMT

In this episode, Krista K. Thomason, Associate Professor of Philosophy at Swarthmore College, discusses her book, "Naked: The Dark Side of Shame and Moral Life," which is published by Oxford University Press. Thomason begins by explaining what "shame" is and how it differs from other, similar emotions. She describes the three existing philosophical views of shame: traditional, naturalistic, and pessimistic. She reflects on the strengths and weaknesses of each view, and proposes a new view based on the interaction of self-perception and appearance. Thomason is on Twitter at @kkthomason.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kristelia García on Copyright Infringement

Wed, 29 Jan 2020 01:46:16 GMT

In this episode, Kristelia García, Associate Professor of Law at Colorado Law, discusses her draft article "Encouraging Infringement." García begins by describing the conventional account of when and why copyright owners object to infringement. She observes that not all copyright owners object, and some copyright owners actually encourage infringement, at least in certain contexts. For example, video game makers and motion picture streaming sites may generate more revenue from expanding their customer base and selling extras than by selling their basic product. She argues that this observation should inform our understanding of the copyright incentive and copyright policy. García's scholarship is available on SSRN and she is on Twitter at @kristelia.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Parasite Press Advertisement ("Sponsored Content")

Sat, 25 Jan 2020 03:57:03 GMT

This is an advertisement for Parasite Press, the academic imprint of Principal-Agent Publishing, with a special message for law professors.

Hosted on Acast. See acast.com/privacy for more information.

Aram Sinnreich on Intellectual Property and Cultural Expression

Fri, 24 Jan 2020 21:39:00 GMT

In this episode, Dr. Aram Sinnreich, Associate Professor in the School of Communication at American University, discusses his book "The Essential Guide to Intellectual Property," which is published by Yale University Press, as well as his work on the cultural history of intellectual property more generally. Sinnreich begins by describing the book and its intended purpose. He explains what he thinks is missing from intellectual property discourse. And he reflects on how he conceptualizes intellectual property and ownership in commerce in relation to authorship and attribution. Sinnreich is on Twitter at @aram.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Pamela Metzger on Detention Without Due Process

Fri, 24 Jan 2020 05:31:00 GMT

In this episode, Pamela R. Metzger, Director of the Deason Criminal Justice Reform Center and Professor of Law at SMU Dedman School of Law, discusses her article "Criminal (Dis)Appearance," which she co-authored with Janet C. Hoeffel, and which will be published in the George Washington Law Review. Metzger begins by explaining how the police and prosecutors detain people after arrest for long periods of time, without providing any access to a judge, counsel, or due process. She observes that courts, including the Supreme Court, have rationalized this form of protectionless detention, essentially by pretending that it doesn't happen. She argues that legislatures and courts should sharply curtail pre-appearance detention, and points to several mitigating measures courts and others can adopt. Metzger is on Twitter at @ProfPamMetzger.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Chris Sagers on Antitrust History and Theory

Thu, 23 Jan 2020 05:16:26 GMT

In this episode, Christopher L. Sagers, James A. Thomas Distinguished Professor of Law and Faculty Director of the Cleveland-Marshall Solo Practice Incubator, at Cleveland-Marshall School of Law, discusses his book "United States v. Apple: Competition in America," in relation to the history of antitrust law and antitrust theory. In this wide-ranging interview, Sagers touches on many different aspects of antitrust policy, how it has developed over time, and how we should think about it today. Sagers is on Twitter at @chrissagers.

This episode was hosted by Luce Nguyen, a student at Northern Illinois University. She is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Tara Aaron Stelluto on Privacy Law and Policy

Thu, 23 Jan 2020 03:36:25 GMT

In this episode, Tara Aaron Stelluto, a partner at Aaron Sanders Law in Nashville, Tennessee, discusses her work as a transactional attorney focused on advising clients about privacy-related issues. She begins by describing her practice at Aaron Sanders Law. She discusses the European Union's General Data Protection Regulation (GDPR), in relation to her article "Commentary: Availability of WHOIS Information After the GDPR—Is It Time to Panic?," which was published in the Trademark Reporter. And she reflects on the core issues for clients concerned about data privacy issues. Aaron Stelluto is on Twitter at @tara_aaron.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Dan Alban on Civil Forfeiture

Wed, 22 Jan 2020 00:59:27 GMT

In this episode, Dan Alban, Senior Attorney at the Institute for Justice, discusses civil forfeiture, and the complaint he and IJ recently filed in Brown v. TSA. Rebecca Brown was carrying $82,373 in cash given to her by her ailing father, in order to deposit it in a Boston bank and pay for his dental care, when the cash was confiscated by the TSA and DEA for no coherently articulated reason. IJ filed this action to help Brown recover her father's money, and filed it as a class action to help the thousands of other people who the TSA and DEA have similarly wronged. More information about the case is available here. Alban is on Twitter at @DanAlban.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Priya Baskaran on Geographically Disadvantaged Spaces

Mon, 20 Jan 2020 23:50:05 GMT

In this episode, Priya Baskaran, Assistant Professor at American University Washington College of Law, discusses her draft article "Flint, Appalachia & the Green New Deal: Water Justice in America's Forgotten Places." She begins by explaining how and why she uses the term "geographically disadvantaged places." She observes that seemingly disparate distressed communities like Flint, Michigan and McDowell County, West Virginia actually share many infrastructure problems, and that those problems are the result of similar historical policy choices. She argues that the problems facing those communities didn't "just happen," but are the result of corporate and government choice, and that solving those problems will require a concerted policy effort. Baskaran is on Twitter at @Priya_Baskaran.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Justin Murray on Prejudice-Based Rights

Mon, 20 Jan 2020 22:28:55 GMT

In this episode, Justin Murray, Associate Professor of Law at New York Law School, discusses his article "Prejudice-Based Rights in Criminal Procedure," which will be published in the University of Pennsylvania Law Review. Murray begins by explaining what "prejudiced-based" rights are, and how their administration by trial courts and prosecutors differs from rights that don't require a showing of prejudice. He observes that the prejudice requirement often renders those rights ineffectual. And he argues that courts and prosecutors should not consider prejudice at the trial stage. Murray is on Twitter at @JustinNYLS.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jennifer Sturiale on Choice of Law Rules

Sun, 19 Jan 2020 23:45:11 GMT

In this episode, Jennifer Sturiale, Climenko Fellow and Lecturer on Law at Harvard Law School, discusses her articles "A Balanced Consideration of the Federal Circuit's Choice of Law Rule," which will be published in the Utah Law Review, and "The Unseen Force in Civil Litigation: The Chief Justice's Appointment of the Judicial Panel on Multidistrict Litigation." Sturiale begins by explaining that the Federal Circuit has exclusive jurisdiction over cases that include patent claims and counterclaims, among other things. She also explains what choice of rules are, and describes the choice of law rule unique to the Federal Circuit. She observes that the Federal Circuit wanted to create intercircuit consistency, but did so at the expense of intracircuit consistency. She considers different ways of resolving the problem, weighing their benefits and costs. She also discusses the role of the Chief Justice in appointing the members of the Judicial Panel on Multidistrict litigation, and explains why it might also create choice of law problems. Sturiale's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alan Mygatt-Tauber on the Extraterritorial Fourth Amendment

Sat, 18 Jan 2020 22:30:01 GMT

In this episode, Alan Mygatt-Tauber, Adjunct Professor at Virginia Commonwealth University and Assistant Counsel at the Naval Facilities Engineering Command, Northwest, discusses his article "Rethinking the Reasoning of Verdugo-Urquidez," which will be published in the Indiana Journal of Law and Social Equality. Mygatt-Tauber begins by describing the Supreme Court's holding in United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) that the Fourth Amendment applies extraterritorially only if the defendant has a "substantial connection" to the United States. He observes that Verdugo-Urquidez is inconsistent with Boumediene v. Bush, 553 U.S. 723 (2008), and that the "substantial connection" rule is unworkable for both judges and law enforcement officers. He argues in favor of an alternative standard based on who is conducting the search, rather than who is being searched. And he reflects on the broader meaning of the Fourth Amendment. Mygatt-Tauber is on Twitter at @AMTAppeals.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Valena Beety and Jennifer Oliva on Bitemark Evidence

Sat, 18 Jan 2020 00:31:24 GMT

In this episode, Valena Beety (@valenabeetv), Professor of Law at Sandra Day O'Connor College of Law at Arizona State University, and Jennifer Oliva (@jenndoliva), Associate Professor of Law at Seton Hall University School of Law, discuss their new article, "Regulating Bite Mark Evidence: Lesbian Vampires and Other Myths of Forensic Odontology," forthcoming in the Washington Law Review. Professors Beety and Oliva begin the discussion explaining the serious flaws of junk sciences such as bite mark evidence. They then discuss a trial in which a lesbian couple were convicted of murder based upon flawed bite mark evidence propounded by a dentist who described, during trial, his improper examination of the murder victim, while explaining bite mark evidence as being half art and half science. The pair also explain how such use of junk science runs afoul of established evidentiary standards under Daubert, and why junk science such as bite mark evidence has been allowed to proliferate in criminal cases rather than in the civil sphere. Professors Beety and Oliva also highlight the inequities that arise in the use of bite mark evidence, especially among LGBTQ defendants. They then offer novel extrajudicial solutions in an effort to prevent the use of such faulty "science" in future. The paper is currently available on SSRN.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @maybellromero.

Hosted on Acast. See acast.com/privacy for more information.

Carolyn Shapiro on Democracy and the Guarantee Clause

Thu, 16 Jan 2020 00:37:49 GMT

In this episode, Carolyn Shapiro, Associate Professor of Law and Co-Director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law, discusses her article "Democracy, Federalism, and the Guarantee Clause," which will be published in the Arizona Law Review. Shapiro begins by describing what the Guarantee Clause of the Constitution is and what it was originally intended to accomplish. She surveys the history of the Guarantee Clause and how its salience has waxed and waned over time. She argues that political "spillovers" of extreme partisanship can endanger democracy. And she argues that Congress and other policymakers can and should use the Guarantee Clause as a tool to curb extreme partisanship in the interest of democratic values. Shapiro is on Twitter at @cshaplaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Simon Tam on Trademark Registration

Tue, 14 Jan 2020 04:24:15 GMT

In this episode, Simon Tam, the founder and bassist for The Slants, an Asian-American dance-rock band, discusses his fight to register his band's name as a trademark with the USPTO, and how he helped changed trademark law. Tam begins by describing the origins and aesthetics of The Slants, including why he chose the band's name. He explains why he filed a trademark registration application, and why he chose to fight the USPTO's denial of his application. And he reflects on why he thinks the Supreme Court (mostly) got it right, when it held in Matal v. Tam (2017) that the Lanham Act's prohibition of the registration of "disparaging" trademarks violated the First Amendment. Tam is on Twitter at @SimonTheTam.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 on Religion, Kingism & Icona

Tue, 14 Jan 2020 02:59:52 GMT

In this episode, King and ECC11 discuss religion in relation to the ideas of the Latin King and Queen Nation, specifically in relation to the concept of Icona. They explain the origins of the concept of Icona, with reference to the Communist Manifesto and other historical texts on the history of class struggle.

This episode was hosted by King, who is an incarcerated person. King is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

Robin Effron on Notice Pleading

Fri, 10 Jan 2020 17:46:55 GMT

In this episode, Robin Effron, Professor of Law at Brooklyn Law School, discusses her article "Putting the 'Notice' Back Into Pleading," which will be published in the Cardozo Law Review. Effron begins by explaining what pleading is and what a plaintiff is expected to plead under the Federal Rules of Civil Procedure in order to survive a motion to dismiss. She describes the origins of what came to be known as "notice pleading" and how it developed over time. She observes that notice pleading effectively conflates notice and factual sufficiency, and argues that we should conceptualize them separately in order to better understand and realize the purpose of our pleading regime. Effron is on Twitter at @binsky18.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Garlock on Re-Entry and Rehabilitation

Thu, 09 Jan 2020 23:05:27 GMT

In this episode, Guy Hamilton-Smith interviews David Garlock, Program Director at New Person Ministries, Co-Chair of the Lancaster County Re-Entry Coalition, and a 2019 JustLeadership Fellow. Garlock talks about his work with helping people convicted of sex offenses transition back into society, his journey in how he came to do that work, his work with Bryan Stevenson, and his role in the new film "Just Mercy." Garlock is on Twitter at @DavidLeegarlock.

Hosted on Acast. See acast.com/privacy for more information.

Derek Muller on Presidential Tax Disclosures & Ballot Access

Thu, 09 Jan 2020 18:54:50 GMT

In this episode, Derek T. Muller, Professor of Law at Pepperdine University Caruso School of Law, discusses his draft article "Weaponizing the Ballot." Muller begins by describing the history of tax disclosures by presidents and presidential candidates, as well as the history of ballots and the electoral process. He reflects on state regulation of elections, and the constitutional difference between regulating the process as compared to imposing qualifications on candidates. He argues that imposing tax disclosure requirement for ballot access is unconstitutional, and discusses how this should affect our understanding of ballot access more generally. Muller blogs at Excess of Democracy and is on Twitter at @derektmuller.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Walter I. Gonçalves, Jr. on Implicit Bias in Criminal Trials

Thu, 09 Jan 2020 04:10:28 GMT

In this episode, Walter I. Gonçalves, Jr., a Federal Public Defender in the District of Arizona, discusses his article "Narrative, Culture, and Individuation: A Criminal Defense Lawyer’s Race-Conscious Approach to Reduce Implicit Bias for Latinxs," which is published in the Seattle Journal for Social Justice. Gonçalves begins by explaining what implicit bias is and how it can affect criminal prosecution and sentencing. He describes a range of different ways in which lawyers and judges can avoid implicit bias and help jurors avoid implicit bias. And he directs special attention to how implicit bias affect latinx criminal defendants. Gonçalves is on Twitter at @wgafpd.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Dylan Gilbert on Copyright's Termination Right

Thu, 09 Jan 2020 03:33:07 GMT

In this episode, Dylan Gilbert, Policy Counsel at Public Knowledge, discusses his new white paper, "Making Sense of the Termination Right: How the System Fails Artists and How to Fix It," which he co-authored with Meredith Rose and Alisa Valentin. Gilbert begins by explaining what copyright's termination rule is, how it works, and why it was created. He observes that it is supposed to benefit artists, by enabling them to reclaim their copyrights after a fixed period of time, but that it is often hard for them to assert and beset by uncertainty. He argues that termination should be automatic, happen sooner, and be governed by clear rules. Gilbert is on Twitter at @dgilbert_PK.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Susan Provenzano & Brian Larson on Analyzing Legal Argumentation

Tue, 07 Jan 2020 21:31:55 GMT

In this episode, Susan E. Provenzano, William Trumbull Professor of Practice at Northwestern Pritzker School of Law, and Brian N. Larson, Associate Professor of Law at Texas A&M University School of Law, discuss their article "Civil Procedure as a Critical Discussion," which will be published in the Nevada Law Journal. They begin by explaining the purpose of the Federal Rules of Civil Procedure and why they were enacted. Then they describe "pragma-dialectics" and classical "stasis" theory, and how those theories can inform our understanding of civil procedure. Larson is on Twitter at @Rhetoricked.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Becca Rothfeld on Consuming Beauty

Fri, 27 Dec 2019 19:32:26 GMT

In this episode, Becca Rothfeld, an essayist, literary critic, and PhD candidate in philosophy at Harvard University, discusses her essay "Having a Cake and Eating It, Too," which was published in AGNI, as well as her scholarship on aesthetic value more generally. Rothfeld begins by describing the thought of Simone Weil, and how it inspired her essay. Specifically, she reflects on Weil's desire to consume only beauty, in order to be consumed by it. Rothfeld explains how this concept of beauty as both consumed and consumer differs from the Kantian conception of beauty, and why she advocates consumption to excess. She also discusses the relationship between beauty and philosophy, and her ideas on aesthetic value. Rothfeld's work is available on her website.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 107: Senator Robert Taft on Curbs on the Executive Branch

Tue, 24 Dec 2019 02:40:20 GMT

This sound recording captures a February 2, 1947 radio broadcast on WTOP Washington, D.C. (which then broadcast at 1500 am), in which Republican Senator Robert A. Taft called for curbs on the power of the executive branch of the government, and a return of power to local and state governments.

This recording is from the collection of the National Archives and was provided by Zvi S. Rosen.

Hosted on Acast. See acast.com/privacy for more information.

Wayne Logan on Contracting for Privacy

Mon, 23 Dec 2019 20:17:06 GMT

In this episode, Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law at Florida State University College of Law, discusses his article "Contracting for Fourth Amendment Privacy Online," which he co-authored with Jake Linford, and which is published in the Minnesota Law Review. Logan begins by explaining the origins of the modern Fourth Amendment doctrine, and how it relies on both subjective and objective expectations of privacy. He explains the origins of the "third-party" doctrine, which provides that information provided to third parties may not be protected by the Fourth Amendment. He observes that the Supreme Court has recently narrowed the scope of the third-party doctrine. And he reflects on how contractual relationships between consumers and internet service providers could provide information about actual subjective expectations of privacy. Logan's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Gerald Barnett on University Patent Policy

Fri, 20 Dec 2019 22:38:39 GMT

In this episode, Gerald Barnett, a former technology transfer director and consultant on university innovation policy, discusses his perspective on university patent policies. He begins by explaining the history of the Bayh-Dole Act and his perspective on how it affected university technology transfer. He discusses on the incentives affecting university technology transfer offices. And he reflects on what legal scholars studying technology transfer are missing. Barnett blogs at Research Enterprise and is on Twitter at @umbut.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 and King on Kingism and Lumpen Theory

Fri, 20 Dec 2019 21:25:22 GMT

In this episode, ECC11, a leader of the Latin King & Queen Nation and an incarcerated person, discusses the theory of the lumpen proletariat and how it has informed the thinking of the Latin King & Queen Nation.

This episode was hosted by King, who is an incarcerated person. He is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

Jean Mangan on Reforming Legal Education

Fri, 20 Dec 2019 00:23:00 GMT

In this episode, Jean Mangan, Legal Writing Instructor at the University of Georgia School of Law, discusses her article "Clinical Syllabi as Demonstration of Best Practices Implementation," which she co-authored with Fernanda Mackay and published in the Georgia Law Review Online. Mangan begins by describing the history of legal education and recent efforts at reform, focusing on the Carnegie Report. She outlines the recommendations of the Carnegie Report and their reception by the legal profession. She explains how she used syllabi from clinical classes to study the implementation of the Carnegie recommendations. And she reflects on how law professors can make their syllabi consistent with those recommendations. Mangan is on Twitter at @NerdSmidge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Colleen Chien on Criminal Justice Policy Reform

Thu, 19 Dec 2019 23:24:04 GMT

In this episode, Colleen Chien, Professor of Law at Santa Clara University School of Law, discusses her article "The Second Chance Gap," which will be published in the Michigan Law Review. Chien begins by describing "second chance" laws, which give people convicted of crimes the potential for mitigating their punishment. She observes that many second chance laws are rarely applied, and asks why that happens. Based on empirical research, she identifies the features that make second chance laws more or less likely to be effective. And she reflects on what this can tell us about criminal justice policy. Chien is on Twitter at @colleen_chien.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jonathon Booth on Emancipation & Regulation in Jamaica 1831-40

Tue, 17 Dec 2019 00:38:59 GMT

In this episode, Jonathon Booth, a PhD Candidate in History at Harvard University, discusses the first chapter of his dissertation, "Free Labor Under Proper Regulation: Britain and Jamaica, 1831-1840." He begins by explaining why the period 1831-1840 was such an important moment in the history of the British colonies, especially colonial Jamaica. Most importantly, the period included the abolition of slavery and the subsequent regulation of free labor. He focuses on the trilogy of the Emancipation Act, the Police Act, and the Vagrancy Act to explain how the government of colonial Jamaica tried to regulate the labor of emancipated slaves and compel them to continue working on sugar plantations, with limited success. And he reflects on what the Jamaican story can tell us about the history of emancipation and regulation more broadly. Booth is on Twitter at @JBooth_history.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Karen Woody on the New Insider Trading

Mon, 16 Dec 2019 21:36:14 GMT

In this episode, Karen Woody, Assistant Professor of Law at Washington & Lee School of Law, discusses her article "The New Insider Trading," which will be published in the Arizona State Law Journal. Woody begins by describing what insider trading is, how it is regulated under Rule 12b-6, and the limits courts have placed on the scope of insider trading. In particular, she observes that the personal benefit requirement limits the scope of insider trading regulation and creates uncertainty. She notes that the Department of Justice has recently begun pursuing insider trading charges under a provision of the Sarbanes-Oxley Act, and discusses how this could affect the law of insider trading. Woody is on Twitter at @KEWoody.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 on Imprisonment and Intellectual Development

Sun, 15 Dec 2019 19:43:03 GMT

In this episode, ECC11, a leader of the Almighty Latin King and Queen Nation and an incarcerated person, discusses his life story and intellectual history. Among other things, ECC11 discusses how he became incarcerated and how imprisonment changed him. He discusses the writings that influenced his ideas, including Paulo Freire's "Pedagogy of the Oppressed," as well as his own beliefs and goals.

This episode was hosted by King, who is an incarcerated person. He is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 and King on the Internationalist Ideas of the Latin Kings

Sat, 14 Dec 2019 04:42:07 GMT

In this episode, ECC11 and King discuss the internationalist ideas of the Almighty Latin King & Queen Nation. Among other things they discuss the meaning of being a Nation member, and the relationship between nationalism and internationalism in the Nation's ideas. They observe that "Latinism" is not racially divisive, but inclusive, and reflects the fact that the Nation does not discriminate. For example, "naturalization" into Latinism is available to anyone, and all are welcome. They also discuss the revolutionary ideas of Kingism.

King is an incarcerated person. He is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

Yonathan Arbel and Roy Shapira on Nudnik Theory

Sat, 14 Dec 2019 01:13:20 GMT

In this episode, Yonathan Arbel, Assistant Professor of Law at the University of Alabama School of Law, and Roy Shapira, Associate Professor at IDC Herzliya in Israel, discuss their article "Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop It," which will be published in the Vanderbilt Law Review. They begin by explaining what makes someone a "nudnik," and why nudniks are different from other kinds of consumers. They present a "theory of the nudnik," which explains why nudniks may be particularly good at representing consumer interests. They observe that technology now makes it easier for sellers to avoid nudnik consumers. And they argue that policymakers should encourage nudniks. Arbel is on Twitter at @ProfArbel.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Daniel Takash on Intellectual Property Policy

Sat, 14 Dec 2019 00:37:49 GMT

In this episode, Daniel Takash, Regulatory Policy Fellow at the Niskanen Center, discusses his white paper "Why 'Intellectual Property' is a Misnomer," which he co-authored with Brink Lindsay, Vice-President of the Niskanen Center. Takash begins by describing the different theoretical justifications for property rights and how the apply to intellectual property. He argues that intellectual property is not really property at all, but a form of government subsidy, and that this observation should inform intellectual property policy. He also reflects on how libertarians should view intellectual property rights. Takash is on Twitter at @DanielTakash.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Smith on Shooting Fish

Thu, 12 Dec 2019 18:39:17 GMT

In this episode, Michael L. Smith, an associate at Glaser Weil Fink Howard Avchen & Shapiro LLP, discusses his article "Shooting Fish," which will be published in the Kentucky Journal of Equine, Agriculture, & Natural Resources Law. Smith describes the practice of shooting fish, and explains how that practice is regulated by the several states. He provides a taxonomy of fish-shooting regulations and specifically reflects on the unfortunate prohibition on fish-shooting in Kentucky. He describes different methods of fish shooting and how unlawful fish shooting is prosecuted. And he reflects on why writing about shooting fish is a helpful way of thinking about the law. Smith is on Twitter at @msmith750. He also has a blog.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Richard Albert on Constitutional Amendment

Wed, 11 Dec 2019 21:17:59 GMT

In this episode, Richard Albert, William Stamps Farish Professor in Law and Professor of Government at the University of Texas at Austin, discusses his new book, "Constitutional Amendments: Making, Breaking, and Changing Constitutions," which is published by Oxford University Press. Albert begins by explaining what it means to amend a constitution and why understanding the amendment process is critical to understanding how constitutions work. He describes how constitutions can be amended and the different kinds of constitutional amendments. He reflects on whether a constitution or amendment can be "unamendable." And he discusses what the amendment process tells us about the nature of a constitution. Albert is on Twitter at @RichardAlbert.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Agnes Callard on Aspiration

Wed, 11 Dec 2019 01:34:45 GMT

In this episode, Agnes Callard, Associate Professor of Philosophy at the University of Chicago, discusses her book "Aspiration: The Agency of Becoming," which is published by Oxford University Press. Callard begins by describing the concept of aspiration and explaining why it presents a philosophical problem. She reflects on how others have addressed the problem of aspiration, and offers her own solution to the problem. She also discusses how aspiration relates to agency and choices, and how we should think about aspiration in relation to social norms and normative questions. Callard is on Twitter at @AgnesCallard.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Tanya Asim Cooper on Sororities & Sexual Violence

Mon, 09 Dec 2019 22:12:55 GMT

In this episode, Tanya Asim Cooper, Assistant Clinical Professor of Law and Director of the Restoration and Justice Clinic at Pepperdine University Caruso School of Law, discusses her article "#SororityToo," which will be published in the Michigan State Law Review. Cooper begins by describing the sexual violence crisis on college campuses and observing that it is especially prevalent in certain sororities and fraternities. She identifies the features of Greek life that can facilitate sexual violence and discourage reporting. And she reflects on how administrators and the participants in Greek culture can reduce the risk of sexual violence. Cooper is on Twitter at @ProfTAC.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Taja-Nia Henderson on Lutie A. Lytle and the History of Black Women Law Professors

Sat, 07 Dec 2019 05:03:47 GMT

In this episode, Taja-Nia Henderson, Professor of Law at Rutgers Law School and Dean of the Rutgers Graduate School-Newark, discusses her article, "'I Shall Talk to My Own People': The Intersectional Life and Times of Lutie A. Lytle," which was published in the Iowa Law Review. Henderson begins by explaining who Lytle was and how she became the first woman law professor and the first African-American woman law professor, at the end of the 19th century. She describes the social milieu in which Lytle managed to succeed, against all odds. And she reflects on how Lytle's story can inform and enrich the way we think about legal academic today. Henderson is on Twitter at @hyphenatedprof.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rebecca Flanagan on Legal Pedagogy

Fri, 06 Dec 2019 02:14:47 GMT

In this episode, Rebecca Flanagan, Assistant Professor and Director of Teaching & Learning Methods at the University of Massachusetts School of Law, discusses her article, "The Kids Aren’t Alright: Rethinking the Law Student Skills Deficit," which was published in the Brigham Young University Education and Law Journal. Flanagan explains how the current students entering law school differ from students of the past. She also reflects on how students today are underprepared for law school and its traditional approach to legal pedagogy.

This episode was hosted by SJ Morrison, a student at Duquesne University School of Law.

Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Melnick on the Meaning of the Manson Murders

Fri, 06 Dec 2019 00:52:22 GMT

In this episode, Jeffrey Melnick, Professor of American Studies at the University of Massachusetts, Boston, discusses his new book, "Charles Manson's Creepy Crawl: The Many Lives of America's Most Infamous Family," which is published by Arcade. Melnick begins by explaining the purpose of his book and how it relates to the true crime genre. He reflects on how Charles Manson and the Manson murders became a metaphor for the cultural conflicts of the late 60s and early 70s. And he explains how Manson provides a lens for examining American culture. Melnick is on Twitter at @melnickjeffrey1.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Seth Barrett Tillman on the Jacob Henry and the Meaning of "Office" in 1809

Wed, 04 Dec 2019 22:37:14 GMT

In this episode, Seth Barrett Tillman, Lecturer in the Maynooth University Department of Law, discusses his draft article, "New Sources on the 1809 Motion to Vacate Jacob Henry's North Carolina State Legislative Seat." Tillman begins by explaining that Jacob Henry was a Jew elected to the North Carolina legislature in 1808 and again in 1809, when another legislator invoked the North Carolina Constitution's religious test against him. Tillman describes the different arguments raised by Henry, including that a legislative seat was not an "office" under the Constitution, which other historians have called "far-fetched." Tillman uses existing and newly-discovered evidence to show that the legislature appears to have found the argument compelling, and reflects on the possibility that the effort to remove Henry may actually have represented the beginnings of a move to eliminate the religious test. Tillman is on Twitter at @SethBTillman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Evan Bernick and Christopher Green on the Ontology of the Constitution

Tue, 03 Dec 2019 23:38:24 GMT

In this episode, Christopher Green, Professor of Law and H.L.A. Hart Scholar in Law and Philosophy at the University of Mississippi School of Law, and Evan D. Bernick, Law Clerk to the Honorable Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit, discuss their draft article "What is the Object of the Article VI Oath?" Bernick and Green begin by describing the nature and purpose of Article VI oath. They explain that swearing an oath to "this Constitution" implies a theory of the ontology of the Constitution, with both first- and second-order components. They observe that government officials uniformly understand themselves to be swearing an oath to the "same" Constitution as the one that was ratified in 1789. They argue that the nature of the oath permits for certain kinds of change, but disallows other kinds of change. And they suggest that this perspective on the continuity of the Constitution may help provide a common ground for debate over its meaning. Green is on Twitter at @crgreen24601 and Bernick is on Twitter at @evanbernick.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

David Johnson on Negotiation by Design

Wed, 27 Nov 2019 15:23:35 GMT

In this episode, David W. Johnson, Lecturer-in-Law at Stanford Law School and Lecturer in the Hasso Plattner School of Design, discusses his article "Designing Online Mediation: Does 'Just Add Tech' Undermine Mediation's Ownmost Aim?," which will be published in the Direito GV Law Review. Johnson begins by explaining what mediation or "mediated negotiation" is and how it relates to other forms of dispute resolution. He describes the introduction of online mediation and the different ways in which it works. He defines "design thinking," and explains how it can help us think more productively about institutional design. And he reflects on how design thinking could inform our approach to mediation and to law in general. Johnson is on Twitter at @Johnson_DavidW.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Clark Neily on Criminal Justice Reform

Tue, 26 Nov 2019 21:21:37 GMT

In this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his article "Jury Empowerment as an Antidote to Coercive Plea Bargaining," which is published in the Federal Sentencing Reporter, as well as his other work on criminal justice reform. Neily begins by explaining how and why prosecutors abuse plea bargaining in order to obtain guilty pleas, including from innocent people. He reflects on the history of criminal justice in the United States, the introduction of plea bargaining, and how it changed criminal justice for the worse. And he observes that "conscientious acquittal" by juries to help ameliorate some of those problems. He closes by describing some of the criminal justice reform projects he supports. Neily is on Twitter at @ConLawWarrior.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nick Sciullo on Queer Phenomenology

Tue, 26 Nov 2019 04:23:58 GMT

In this episode, Nick J. Sciullo, Assistant Professor of Communications at Texas A&M University Kingsville, discusses his article "Queer Phenomenology in Law: A Critical Theory of Orientation" published in the Pace Law Review. He begins by discussing what phenomenology is, and why it's important to view human lives affected by legal processes through the lens of phenomenology. He specifically talks about the importance of identities to minoritarian groups and how people bring their identities to their interactions with the law. Drawing upon Marxist conceptions of a dancing table, Sciullo notes that our positionality and relationship to objects influences our experience with them. He reflects on how experiencing failures of accommodation can be learning experiences, and how minorities' experience can illuminate the law's failure to meet their needs. He concludes by noting what he hopes that scholars, listeners, and policymakers should take away from his article. Sciullo is on Twitter at @nickjsciullo.

This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Matthew Seligman on Private Choice of Law

Tue, 26 Nov 2019 02:01:03 GMT

In this episode, Matthew Seligman, a Visiting Assistant Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law, discusses his draft article "Personalized Choice of Private Law." Seligman begins by explaining the tension between default rules and mandatory rules in contract theory and private law more generally, and how both can lead to sub-optimal outcomes. He observes consumers typically don't read form contracts and misunderstand contract doctrine. He reflects on existing proposals to encourage consumer choice and finds them wanting. And he argues that we should allow consumers to choose their legal rules, at least in some circumstances. Seligman is on Twitter at @Matt_Seligman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kaci Bishop on Failure and Growth

Sun, 24 Nov 2019 20:48:43 GMT

In this episode of Ipse Dixit, Kaci Bishop, Clinical Associate Professor of Law at the University of North Carolina School of Law, discusses her article, "Framing Failure in the Legal Classroom: Techniques for Encouraging Growth and Resilience," which is published in the Arkansas Law Review. Bishop explores the concept of “failure” and how it can be used in the legal classroom to foster a growth mindset in students and aid in learning to create a more resilient and practice ready lawyer. Bishop is on Twitter at @Kaci_Bishop.

This episode was hosted by SJ Morrison, a student at Duquesne University School of Law. Morrison is on Twitter at @SJMilliron.

Hosted on Acast. See acast.com/privacy for more information.

Enrique Guerra on Illicit Promises

Sat, 23 Nov 2019 22:44:09 GMT

In this episode, Enrique Guerra, Instructor of Accounting at the University of Central Florida, discusses his draft article "Breaking Bad Promises." He begins by describing the "promise principle" and its role in contract theory. He reflects on the promise principle's inability to explain illicit promises and why they sometimes seem to create a moral obligation. He provides a taxonomy of promises, including illicit promises, and explains why existing contract theories do not account for illicit promises convincingly. And he proposes a "common law" theory of illicit promises, based on the "harm principle." Guerra is on Twitter at @lawscholar.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

JoAnne Yates and Craig Murphy on the History of Standards Setting

Sat, 23 Nov 2019 03:00:44 GMT

In this episode, JoAnne Yates, Sloan Distinguished Professor of Management at the Massachusetts Institute of Technology, and Craig N. Murphy, Betty Freyhof Johnson ’44 Professor of Political Science at Wellesley College, discuss their book "Engineering Rules: Global Standard Setting since 1880," which is published by the Johns Hopkins University Press. They begin by explaining what standards are and why standards matter. They describe how and why standards are created, and reflect on the history of standard setting. They discuss the culture of standard setting and how it has changed over time. And they close by reflecting on the meaning of standards in relation to deliberative democracy. Yates is on Twitter at @yatesmemo.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

King on Access to Legal Research in Prison

Tue, 19 Nov 2019 23:04:54 GMT

In this episode, King, an incarcerated person, discusses the efforts of the Florida Department of Corrections to deny prisoners access to legal research materials. He explains how the DoC has discarded and limited access to law books, arguing that prisoners can use computers to access legal materials. But it only provides a five computers, and each prisoner can only use them for 30 minutes at a time. In addition, it is denying access to the legal computers to any prisoner punished for accessing electronic equipment, even if it has no relationship to the legal computers. He observes that many prisoners believe it is the beginning of a DoC effort to restrict access to legal research materials for all prisoners. King is on Twitter at @King_ShankRadio.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Shubha Ghosh on IP Lore & Justice Holmes

Tue, 19 Nov 2019 06:24:48 GMT

In this episode, Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law, discusses his work on the legal history of intellectual property. He begins by describing the book he is currently editing on intellectual property law for Edward Elgar Publishing, including its beginnings in the Forgotten IP symposium published by the Syracuse Law Review. He also discusses his contribution to the book, "'If Music Did Not Pay': The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence," which reflects on how Justice Holmes's experiences as a state supreme court justice affected his perspective on intellectual property law and informed the opinions he wrote as a Supreme Court justice. Ghosh is on Twitter at @ShubhaGhosh.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Allen, Jackson & Harris on the "Pink Ghetto" in Legal Education

Mon, 18 Nov 2019 07:51:37 GMT

In this episode, Renee Nicole Allen, Assistant Professor of Legal Writing at St. John's University School of Law, Alicia Jackson, Associate Dean for Student Learning and Assessment at Florida A&M University College of Law, and DeShun Harris, Assistant Clinical Professor of Law and Director of Bar Preparation at the University of Memphis Cecil C. Humphreys School of Law, discuss their article "The 'Pink Ghetto' Pipeline: Challenges and Opportunities for Women in Legal Education," which is published in the University of Detroit Mercy Law Review. Here is the abstract:

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.The term coined for positions typically held by women is “pink ghetto.” According to the Department of Labor, pink-collar-worker describes jobs and career areas historically considered “women’s work,” and included on the list is teaching. However, in legal education, tenured and higher-ranked positions are held primarily by men, while women often enter legal education through non-tenured and non-faculty skills-based teaching pipelines. In a number of these positions, women experience challenges like poor pay, heavy workloads, and lower status such as by contract, nontenure, or at will. While many may view this as a challenge, looking at these positions solely as a “pink ghetto” diminishes the many contributions women have made to legal education through the skills faculty pipelines. Conversely, we miss the opportunity to examine how legal education has changed and how women have accepted the challenge of being on the front line of educating this new generation of learners while enthusiastically adopting the American Bar Association’s new standards for assessment and student learning. There is an opportunity for women to excel in these positions if we provide them with allies who champion for equal status and provide the requisite support. This article focuses on the changing gender demographics of legal education, legal education pipelines, and the role and status of women in higher education with an emphasis on legal education. The final section applies feminist pedagogy to address challenges, opportunities, and aspirations for women in legal education.

Allen is on Twitter at @profallentweets, Jackson is on Twitter at @deanjacksonlaw, and Harris is on Twitter at @deshunharris5.

This episode was hosted by Jennifer L. Brinkley, Assistant Professor of Legal Studies at the University of West Florida. Brinkley is on Twitter at @JusticeIsFemale.

Hosted on Acast. See acast.com/privacy for more information.

Peter Labuza on the Legal History of Motion Picture Contracts

Mon, 18 Nov 2019 06:59:18 GMT

In this episode, Peter Labuza, a Ph.D. Candidate in Cinema and Media Studies at the University of Southern California and the host of The Cinephiliacs podcast on film criticism, discusses his work on the rise of the legal profession in Hollywood and its role in reshaping both creative labor and financial management of the film industry after World War II. Labuza begins by briefly describing the history of the motion picture industry, from its early free-form days, through the highly regimented studio system, to the shift to independent production. He observes that the prevailing view holds that changes in the motion picture industry were caused by important judicial opinions, but argues that changes in contracting practices also played an important role. He reflects on several different case studies, including the career of the important entertainment lawyer Leon Kaplan. He also discusses interdisciplinary scholarship from the perspective of a humanities scholar doing legal research. Labuza is on Twitter at @labuzamovies.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

UNH Law Podcast: Brian L. Frye on Plagiarism and Podcasting

Thu, 14 Nov 2019 23:35:04 GMT

This is a cross-posted episode of the excellent UNH Law Podcast. In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, and A.J. Kierstead, the host of the UNH Law Podcast, interview Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, about his scholarship on plagiarism. Among other things, they discuss his new article, "Plagiarize This Paper," which will be published in IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property. They also discuss the Ipse Dixit podcast, it origins, and Frye's approach to interviewing.

Hosted on Acast. See acast.com/privacy for more information.

Henrique Choer Moraes on Geoeconomics

Thu, 14 Nov 2019 03:34:32 GMT

In this episode, Henrique Choer Moraes, doctoral candidate at the Centre for Global Governance Studies of the University of Leuven (Belgium) and a diplomat with the Brazilian Ministry of Foreign Affairs, discusses his article "The Geoeconomic Challenge To International Economic Law: Lessons From The Regulation Of Data In China." He begins by discussing a "clash of economic models" between China's more state-centered and strategically-guided “geoeconomic” model and the status quo market-oriented economic model adopted among others by the US and the European Union. He is interested in impacts of that clash on the functioning of international economic law going forward. In order to respond to China’s geoeconomic approach to economic relations, he argues that governments in the US, the EU and elsewhere are abandoning market-oriented attitudes and taking the front-seat in economic relations, guided also by a geoeconomic inspiration—leading to what he calls a "geoeconomic chain reaction". This dynamic is changing the logic underlying rules of international economic law, he claims.

Moraes shows how this larger geoeconomic shift impacts international economic law by discussing data regulation in China, where domestic rules limit outflows of data in order to retain, under China’s control, a "strategic asset" that contributes to its development of artificial intelligence. He continues by reflecting upon nations' approaches to international cyber governance, and how China's approach to "cyber-sovereignty" and revelations about American intelligence operations by Edward Snowden have affected the international cyber governance realm. These different views are manifestations of the clash of models with impact on concrete negotiations, such as the ones on electronic commerce currently taking place at the World Trade Organization. He concludes by laying out possible consequences that this geoeconomic shift might introduce into international economic law going forward. He thinks it is likely to be a more fragmented set of rules, less international and more domestic, and generating less predictability for market actors operating at a global level. Moraes is on Twitter at @choermoraes. All the opinions expressed are the sole responsibility of our guest and do not necessarily represent the views of the government of Brazil.

This episode was hosted by Luce Nguyen, a student at Northern Illinois University. She is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Josh Shepperd on the Preservation of Radio History

Wed, 13 Nov 2019 00:35:31 GMT

In this episode, Josh Shepperd, Assistant Professor of Media Studies at the Catholic University of America, Sound Fellow at the Library of Congress National Recording Preservation Board (NRPB), and Humanities and Information Fellow at Penn State, discusses his work on the history of radio broadcasting and the preservation of sound recordings. Shepperd begins by explaining the purpose of the NRPB and the Radio Preservation Task Force. He describes the perilous state of the archival record of American radio, reflecting on why so many recordings are lost or destroyed, and how many recording are rapidly deteriorating. He argues that radio recordings preserve a unique aspect of American cultural history, distinct from any other, and focused on the lived experience of marginalized groups. He also discusses his forthcoming history of public broadcasting, and the little-known story of how Theodor Adorno came to the United States to advise the government on educational radio policy. Shepperd is on Twitter at @joshshepperd.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 & King on the Latin King & Queen Nation as a Religion

Tue, 12 Nov 2019 00:29:26 GMT

In this episode, ECC11 and King explain why the Almighty Latin King & Queen Nation is a religion and discuss a Section 1983 action they are filing in order to compel the courts to recognize its religious character. ECC11 and King explain that the Nation is organized as a religion and has a unique religious doctrine, and that the members of the Nation sincerely believe in its religious doctrines. They reflect on the Religious Land Use And Institutionalized Persons Act (RLUPIA) and how it regulates the government's obligation to recognize the Nation as a religion in prisons. Specifically, they argue that there is a less-restrictive means of regulating the Nation in prison than the absolute prohibition the government currently enforces, based on its characterization of the Nation as a security threat group. They also place the treatment of the Nation in historical context.

This episode was hosted by King, an incarcerated person. King is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

Thom Chu on Estate Planning

Mon, 11 Nov 2019 23:09:04 GMT

In this episode, Thomas K. Chu, a New York attorney, discusses his work on estate planning and issues affecting older clients. Chu begins by describing his background and legal practice. He reflects on common misconceptions about estate planning and common mistakes people make when planning their estates. In particular, he argues that everyone should have an estate plan, even if they have limited assets, because estate planning is not only about financial assets, but also about life choices, especially decisions about disability and end of life choices. He closes by reflecting on the relationship of his work in the charitable sector and his faith to his work as an attorney. Chu is on Twitter at @ThomChu.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Alexandra Roberts on Regulating Influencers

Sat, 09 Nov 2019 15:24:24 GMT

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses her draft article "False Influencing." Roberts begins by explaining what an "influencer" is, what influencer advertising looks like, and why influencer ads are so popular with many different brands. She observes that many influencer ads are not transparent about sponsorship, and some make false or misleading claims about products or the influencers personal experience with products. She explains how the FTC has attempted to regulate influencer ads, especially by requiring disclosure of sponsorship, but notes that many influencers do not comply with those regulations. She notes that brands can also regulate their competitors's ads themselves, and reflects on why they don't. She closes by reflecting on how consumers understand influencer ads and how influencers understand their own brands. Roberts is on Twitter at @lexlanham.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ryan Vacca on the Legal Definition of an Employee

Sat, 09 Nov 2019 02:25:41 GMT

In this episode, Ryan Vacca, Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses his article "Uncertainty in Employee Status Across Federal Law," which will be published in the Temple Law Review. Vacca begin by explaining the origins of the distinction between employees and independent contractors, and why it was created. He discusses the historical development of the distinction, observing courts initially interpreted federal statutes regulating employment in light of the purpose of the statute, but Congress amended the statutes to require a "common law" interpretation of employee status, weighing many different factors. He discusses his empirical study of how courts have applied the common law test in many different contexts, and reflects on what it can tell us about the policy questions at issue. Vacca is on Twitter at @RyanVacca.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Katherine Kerrick on Trump's MAGA Trademark

Fri, 08 Nov 2019 23:44:17 GMT

In this episode, Katherine E. Kerrick, a law student at the University of New Hampshire Franklin Pierce School of Law, discusses her note, "Should Donald Trump’s 'Make America Great Again' Receive Trademark Protection?," which will be published in the University of New Hampshire Law Review. Kerrick begins by explaining when trademarks can be registered, when they can't, and why. She then explains the history of Donald Trump's "Make America Great Again" slogan and his registration of the slogan for trademark protection. She reflects on whether the USPTO should have registered the MAGA slogan when Trump applied for it, how much protection it should receive today, and whether there are First Amendment issues with trademark protection of political slogans. She also discusses the process of developing a note topic and how to ask professors for advice.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Catherine Christopher on Normalizing Struggle

Fri, 08 Nov 2019 22:08:23 GMT

In this episode, Catherine Christopher, Associate Dean for Bar Success and Professor of Law at the Texas Tech University School of Law, discusses her article "Normalizing Struggle." Christopher explains why “struggle” is not only a good thing, but a necessity for students studying law. She observes that struggle should be embraced and not equated with failure. She also describes the strategies she has implemented into her own practicum in order to ensure the success of her students within law school and beyond. Christopher is on Twitter at @cassiechristop.

This episode was hosted by SJ Morrison, a law student at the Duquesne University School of Law. Morrison is on Twitter at @SJMilliron.

Hosted on Acast. See acast.com/privacy for more information.

Philip Hackney on Democracy and Social Welfare Organizations

Tue, 05 Nov 2019 22:52:16 GMT

In this episode, Philip Hackney, Associate Professor of Law at the University of Pittsburgh School of Law, discusses his draft article "Dark Democracy? Section 501(c)(4) Social Welfare Organizations and Tax Exemption." Hackney begins by describing the difference between outcome-based and process-based theories of political legitimacy. He argues that we should care about process, and explains how nonprofit organizations can affect the democratic process. He identifies the differences between 501(c)(3) charitable organization and 501(c)(4) social welfare organizations, and explains how 501(c)(4)s are used for political purposes. He argues that their tax-exempt status is an undemocratic subsidy that should be eliminated, and reflects on the wisdom of exemption in general. Hackney is on Twitter at @EOTaxProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Susan Bandes on Closure in Criminal Law

Tue, 05 Nov 2019 00:19:11 GMT

In this episode, Susan Bandes, Centennial Distinguished Professor of Law Emeritus at DePaul University College of Law, discusses her article "Closure in the Criminal Courtroom: The Birth and Strange Career of an Emotion," which will be published in the Edward Elgar Research Handbook on Law and Emotion. Bandes begins by observing that the concept of "closure" in criminal law is relatively novel, and was introduced by the victim's rights movement in the late 1980s. She discusses the different possible meanings of closure and the different ways different parties try to pursue different goals. She reflects on tensions between the emotional needs of victims and their families, and the demands of the criminal justice system. And she argues that more research is needed to determine what will most help victims. Bandes is on Twitter at @BandesSusan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 106: Attorney Donald Warden, Burn Baby, Burn

Fri, 01 Nov 2019 21:33:01 GMT

In March 1962, a group of college students formed the Afro-American Association in the San Francisco-Oakland Bay Area. Among other things, the Association broadcast a weekly radio show in San Francisco. On August 15, 1965, Attorney Donald Warden (later Dr. Khalid Al-Mansour) broadcast a program on the Watts Riot or Rebellion. Ray Dobard, the owner of the Music City record store and recording studio, turned Warden's speech into an LP, which also features comments from the reggae musician Johnny Nash.

Hosted on Acast. See acast.com/privacy for more information.

Ilya Somin on Federalism and Sanctuary Cities

Fri, 01 Nov 2019 03:52:20 GMT

In this episode, Ilya Somin, Professor of Law at the George Mason University Antonin Scalia Law School, discusses his article, "Making Federalism Great Again: How the Trump Administration's Attack on Sanctuary Cities Unintentionally Strengthened Judicial Protection for State Autonomy," which is published in the Texas Law Review. Somin begins by explaining what a "sanctuary city" is and how the Trump administration has tried to block sanctuary city legislation. He describes the different approaches the administration has taken, and the federalism-based defenses raised by sanctuary cities, which sound in the Spending Clause and the Anti-Commandeering Doctrine. He observes that the defenses have been effective, and reflects on whether they reflect opportunism or a new reflect for federalism as a way of checking government power. You can read his related Washington Post op-ed here. Somin is on Twitter at @IlyaSomin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Morley on the Independent State Legislature Doctrine

Thu, 31 Oct 2019 04:27:14 GMT

In this episode, Michael T. Morley, Assistant Professor of Law at Florida State University College of Law, discusses his draft article "Federal Elections and State Constitutions." Morley begins by describing the Supreme Court's recent rejection of constitutional challenges to political gerrymandering, and how it led commentators to suggest the use of state constitutional law to regulate political gerrymandering. He introduces the independent state legislature doctrine, which holds that the Elections Clauses of the Constitution delegate the power to regulate elections exclusively to legislatures, not to states as a whole. He reflects on this history of the interpretation of the Elections Clauses, and concludes that the independent states legislature doctrine is the correct interpretation. Morley is on Twitter at @michaelmorley11.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Daphne Keller on the Regulation of Online Speech

Thu, 31 Oct 2019 03:13:20 GMT

In this episode, Daphne Keller, Director of Intermediary Liability at the Center for Internet and Society at Stanford Law School and former Associate General Counsel for Google, discusses her essay "Who Do You Sue?: State and Platform Hybrid Power Over Online Speech," which is published by the Hoover Institution. Keller begins by explaining how the First Amendment does - or doesn't - affect the ability of internet platforms to regulate online speech. She describes various arguments about why internet platforms should or shouldn't regulate speech, proposals to implement those arguments, and why those proposals are likely to fail. And she reflects on how internet platforms can and should regulate online speech. Keller is on Twitter at @daphnehk.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

King on Poetry in Prison

Tue, 29 Oct 2019 21:27:00 GMT

In this episode, King, an incarcerated person, recites five of his poems reflecting on his experience of life in prison. The poems are titled: 1) Freedom, 2) Remember, 3) The DOC Creed, 4) The Interview, and 5) Militant God, Born King. King is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

ECC11 on "Brown Force" and the Latin King & Queen Nation

Sun, 27 Oct 2019 05:03:07 GMT

In this episode, ECC11, an incarcerated person who is a leader of the Latin King and Queen Nation, discusses the ideas of the movement. In the first segment, he presents a lesson titled, "Brown Force and the Political Philosophy of the Almighty Latin King and Queen Nation." He begins by reciting "Brown Force" in its entirety, then reflects on its meaning. In the second segment, ECC11 explains the origins of the Latin King and Queen Nation and its fundamental motivating principles. Among other things he reflects on its anticolonialist ideology and the racial politics of the organization. He also discusses the concept of the "New King," reflects on the history of the organization, and explains how its racial politics have changed over time.

This episode was hosted by King, an incarcerated person. King is on Twitter at @King_ShankRadio.

Hosted on Acast. See acast.com/privacy for more information.

Dan Epps on Checks and Balances in Criminal Law

Fri, 25 Oct 2019 23:09:19 GMT

In this episode, Daniel Epps, Associate Professor of Law at Washington University St. Louis School of Law, discusses his draft article "Checks and Balances in the Criminal Law." Epps begins by observing that we often conflate the separation of powers with checks and balances, and arguing that they are actually quite different. He notes that many scholars and judges consider the separation of powers critical to restraining the exercise of criminal law, but he argues that checks and balances actually do the real work. He observes that separation of powers turned out to really be separation of parties. And he argues that we should focus on imposing limits, rather than distributing powers. Epps is on Twitter at @danepps.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rohan Grey on Modern Monetary Theory and Intellectual Property

Thu, 24 Oct 2019 23:31:34 GMT

In this episode, Rohan Grey, a J.S.D. student at Cornell Law School and the founder and president of the Modern Money Network, discusses his work on the intersection of Modern Monetary Theory (MMT) and intellectual property theory. Grey begins by briefly explaining the fundamental premises of MMT and the job guarantee, observing that MMT is an extension of Keynesian economic principles, and that the job guarantee is a way of setting a floor on the price of labor. He also observes that MMT scholarship has not focused on the role of property, and explains why he thinks property is in tension with the social goals of MMT. In particular, the non-rivalry of the intangible goods protected by intellectual property rights should be unnecessary in an MMT framework. He argues that the job guarantee and other policies can make intellectual property unnecessary, and discusses several potential policy approaches. Grey's scholarship is available here, and his article "Who Owns the Intellectual Fruits of Job Guarantee Labor?", in M. Murray & M. Forstater (Eds.), The Job Guarantee and Modern Money Theory: Realizing Keynes's Labor Standard (2017) is available here. Grey is on Twitter at @rohangrey.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Milan Markovic on Minority Attorney Satisfaction

Wed, 23 Oct 2019 23:42:54 GMT

In this episode, Milan Markovic, Professor of Law and Co-Convener of the Program in Law and Social Science, discusses his article "The Paradox of Minority Attorney Satisfaction," which he co-authored with Gabriele Plickert, and which is published in the International Review of Law and Economics. Markovic begins by explaining that the article is based on survey data gathered with the help of the Texas Bar Association, which consists of information provided by Texas attorneys about many aspects of their practice, including their satisfaction. Markovic and Plickert found that minority attorneys reported higher levels of satisfaction that would otherwise be predicted, and appear to respond to certain factors differently from white attorneys. Markovic suggests that this finding could help inform legal education, and reflects on how it might also inform our understanding of the norms of the legal profession. Markovic is on Twitter at @ProfMarkovic.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Victoria Haneman on Intergenerational Equity and Higher-Education Finance

Tue, 22 Oct 2019 22:44:28 GMT

In this episode, Victoria J. Haneman, Associate Professor of Law at the Creighton University School of Law, discusses her article "Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People," which will be published in the Virginia Tax Review. Haneman begins by explaining the concept of intergenerational equality, and why there is considerable inequality between the Baby Boomer generation and the Millennial generation. She observes that the burden of financing higher education has moved from the government to students, and that students face crippling debt burdens. She argues that debt is a common pool resource that is being overused, and that we should return to government funding. Among other things, she argues that the government should increase transfer and gift taxes. Haneman is on Twitter at @TaxLawProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Gentithes on Suspicionless Witness Stops

Mon, 21 Oct 2019 23:29:44 GMT

In this episode, Michael Gentithes, Assistant Professor of Law at the University of Akron School of Law, discusses his article "Suspicionless Witness Stops: The New Racial Profiling," which will be published in the Harvard Civil Rights-Civil Liberties Law Review. Gentithes begins by explaining how police are increasingly stopping and searching people, mostly minority men, without any suspicion of wrongdoing, simply on the ground that they may have witnessed a crime committed by someone else. He explains how courts have permitted these stops, based on an analogy to checkpoints stops, and why that analogy doesn't work and should be abandoned. And he argues that courts should adopt additional procedural requirements, in order to prevent police from abusing suspicionless stops. Gentithes is on Twitter at @MikeGentithes.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sergio Verdugo on Chilean Constitutional Law

Sun, 20 Oct 2019 23:27:00 GMT

In this episode, Sergio Verdugo, Associate Professor of Law at Universidad del Desarrollo, Chile, discusses his work on constitution-making and constitutional courts in relation to current constitutional disputes in Chile. Verdugo begins by explaining the history of the Chilean Constitution, how it has been rewritten and amendment, and the differing perceptions of its legitimacy. He describes the bifurcated judicial Chilean judicial system, which includes both a Supreme Court and a Constitutional Court, reflects on how the Chilean system draws on other constitutional systems, and explains the relationship between the two Chilean high courts. He discusses a recent controversy, in which the Supreme Court and the Constitutional Court have disputed their relative authorship, and reflect on how it should be resolved. And he discusses the constitutional implications of the current state of emergency in Chile. Verdugo is on Twitter at @sergioverdugor. His scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Felipe Jiménez on Formalism in Contract Law

Thu, 17 Oct 2019 22:37:21 GMT

In this episode, Felipe Jiménez, Assistant Professor of Law and Philosophy at the University of Southern California Gould School of Law, discusses his draft article "The Case for Formalism in Contract Law Adjudication." Jiménez begins by explaining the differences between legal formalism and legal realism, and reflecting on the realist critique of formalism. He also explains the difference between instrumentalist and non-instrumentalist theories of law. He argues that a formalist approach to the adjudication of contract disputes can promote an instrumentalist theory of law, and may be more effective at promoting the goals of instrumentalist. He also reflects on the values of legal pluralism, and how they may be promoted more effectively by formalist adjudication than realist approaches. Jiménez is on Twitter at @fjimenez_c.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lee Anne Fennell on Slices and Lumps

Thu, 17 Oct 2019 00:40:46 GMT

In this episode, Lee Anne Fennell, Max Pam Professor of Law at the University of Chicago Law School, discusses her new book, "Slices and Lumps: Division and Aggregation in Law and Life," which is published by the University of Chicago Press. She begins by explaining what she means by "lumps" and "slices," and why they are concepts that structure the way we think about the world. She observes that aggregating "lumps" together into valuable goods and disaggregating "slices" of goods into valuable segments often increases welfare, but is difficult to accomplish. She explains how this phenomenon affects our decisionmaking, not only in relation to property, but also intrapersonal choices about our lives.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Carlton Larson on Treason in the Early American Republic

Tue, 15 Oct 2019 23:34:23 GMT

In this episode, Carlton F.W. Larson, Professor of Law at the UC Davis School of Law, discusses his new book, "The Trials of Allegiance

Treason, Juries, and the American Revolution," which is published by Oxford University Press. Larson begins by situating his study of the law of treason in the Early American Republic in the context of his other scholarship. He explains why the law of treason was unsettled during the American Revolution, and how courts and juries developed and applied the law. And he reflects on how conceptualizing treason informed conceptualizing American-ness. Larson is on Twitter at @carltonfwlarson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Dave Hoffman on Hush Contracts

Tue, 15 Oct 2019 20:24:00 GMT

In this episode, David A. Hoffman, Professor of Law at the University of Pennsylvania Law School, discusses his article "Hushing Contracts," which he co-authored with Erik Lampmann, a student at the University of Pennsylvania Law School, and published in the Washington University Law Review. Hoffman begins by explaining that a "hush contract" is a non-disclosure agreement, usually relating to sexual harassment or sexual violence. The #metoo movement has exposed how hush contracts have enable abusers to continue committing sexual harm. Many states are considering legislation to make hush contracts unenforceable, but Hoffman and Lampmann argue that a common law approach, using the contractual public policy doctrine, might be more effective. Hoffman is on Twitter at @HoffProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

King on the Experience of Prison

Mon, 14 Oct 2019 07:54:36 GMT

In this episode, King describes the experience of living in prison. Among other things, he shares some of his writing. King is on Twitter at @King_ShankRadio.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Brian L. Frye on Being a Law Professor

Sun, 13 Oct 2019 19:48:31 GMT

In this episode, SJ Morrison, a law student at Duquesne University School of Law, interviews Brian L. Frye about his experiences as a law professor and his thoughts on legal academia. Hijinks ensue.

Hosted on Acast. See acast.com/privacy for more information.

Michael Arjun Banerjee on No-Trial Execution

Fri, 11 Oct 2019 23:01:32 GMT

In this episode, Michael Arjun Banerjee, a Ph.D. student in Jurisprudence and Social Policy at the University of California, Berkeley, discusses his draft article, "No-Trial Executions: Police Killings, the Eighth Amendment, and Transformative Proceduralism." He begins by explaining that the overwhelming majority of state killings are "no-trial executions," or police killings that occur before a person is arrested. While "post-trial executions" require the rigorous procedure protections mandated by the Eighth Amendment, no-trial executions require only the limited procedural protections provided by the Fourth Amendment. He argues that policing is a form of punishment, so we should view police killings through an Eighth Amendment lens, and require a similarly elevated degree of "transformative procedure," in order to prevent them. You can read a related op-ed by Banerjee here. Banerjee is on Twitter at @MABanerjee.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kara Bruce on Bankruptcy and the CFPB

Fri, 11 Oct 2019 05:44:15 GMT

In this episode, Kara Bruce, Professor of Law at the University of Toledo College of Law, discusses her new article, "Bankruptcy’s Adjunct Regulator" (with Alexandra Sickler), which will be published in the Florida Law Review. In their new article, Kara and Alex discuss the role that the Consumer Financial Protection Bureau has played in the consumer bankruptcy system and lay out a vision for the role they wish the Bureau would play in the future. The authors argue that the existing bankruptcy regulatory apparatus is ill-equipped to police persistent “negative value bankruptcy misconduct" by some bad actors in bankruptcy. Kara also discusses why and how a proactive Bureau could improve over the status quo. Finally, Kara also discusses the value she sees in co-authoring with Alex, even though faculty sometimes find it difficult to assess the relative contributions of co-authors. The authors' prior work is available here (Kara) and here (Alex). Bruce is on Twitter at @ProfessorKBruce. Sickler is on Twitter at @alex_sickler.

This episode was hosted by Matthew Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Adam Shniderman on Cyber Insurance

Wed, 09 Oct 2019 03:14:42 GMT

In this episode, Adam Shniderman, a student at the University of Michigan Law School, discussed his essay, "Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber Insurance Policies," which will be published in the Yale Law Journal Forum. Shniderman begins by explaining how he became interested in insurance law. He explains how insurance works and why it presents problems for cyber-attacks, and "hostile & warlike"events." He reflects on how we could approach the problem. And he discusses how law students should think about legal scholarship. Shniderman is on Twitter at @adam_shniderman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Karen Tani and Matthew Cortland on Reclaiming Notice and Comment

Sat, 05 Oct 2019 01:13:08 GMT

In this episode, Karen Tani, Professor of Law at the University of California Berkeley School of Law, and Matthew Cortland, a lawyer and writer based in Massachusetts, discuss their work on reclaiming notice and comment and citizen participation in the administrative process. They begin by explaining the source and purpose of notice and comment under the Administrative Procedure Act. They reflect how the notice and comment procedure has been dominated by industry insiders, and explain how people affected by regulations can make their voices heard. You can read Kani and Cortland's articles on reclaiming notice and comment of the Law and Political Economy Blog here and here (with Nancy Chi Cantalupo). You can also read Cortland's explainers on how to participate in the notice and comment procedure here and here. Tani is on Twitter at @kmtani and Cortland is on Twitter at @mattbc.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

King on Life in Prison

Thu, 03 Oct 2019 23:38:17 GMT

In this episode, King, a state prisoner, discusses life in prison and learning the law as a prisoner. He explains his experience of prison and how he became a paralegal. He reflects on the lawyers who helped him and what prisoners need. And he explains why he wants to be a lawyer. King is on Twitter at @King_ShankRadio.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jennifer Brinkley on Justice Ginsburg

Thu, 03 Oct 2019 20:52:06 GMT

In this episode, Jennifer L. Brinkley, Assistant Professor of Legal Studies at the University of West Florida, discusses her article, "Ruth Bader Ginsburg: Examining Her Path to the High Court Bench and its Intersection with the ACLU," which was published in the Lincoln Memorial University Law Review. Brinkley begins by describing the arc of Justice Ginsburg's career, and the discrimination she faced as a law student and lawyer. She explains how Ginsburg excelled as a law professor and litigator. And she describes how Ginsburg became a judge and Supreme Court Justice. She closes by reflecting on whether someone like Justice Ginsburg could be confirmed today. Brinkley is on Twitter at @JusticeIsFemale.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Erica Goldberg on First Amendment Cynicism

Wed, 02 Oct 2019 07:02:47 GMT

In this episode, Erica Goldberg, Associate Professor at the University of Dayton School of Law, discusses her article "First Amendment Cynicism and Redemption," which will be published in the University of Cincinnati Law Review. Goldberg begins by explaining what she means by "First Amendment cynicism." She describes criticism of "First Amendment Lochnerism" and explains how she thinks we should balance First Amendment liberty and equality. And she closes by reflecting on how she thinks we should conceptualize the First Amendment going forward. Goldberg is on Twitter at @GoldbergPrime.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Beau Phillips on Patent Reform Advocacy

Wed, 25 Sep 2019 23:17:39 GMT

In this episode, Beau Phillips, Executive Director of US-MADE and a partner at Reset Public Affairs, discusses his advocacy work on patent reform. Phillips begins by describing his background in public policy advocacy. He explains how he got involved in patent policy and discusses his work on the America Invents Act (AIA). He describes the inter partes review (IPR) process that was a part of the AIA, what it was intended to accomplish, and how it has worked in practice. He recognizes objections to IPR, but explains why they are unfounded. And he reflects on current legislative efforts to limit or eliminate IPR. Phillips is on Twitter at @beaup.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lisa Larrimore Ouellette & Rebecca Weires on University Patent Policy

Wed, 25 Sep 2019 01:23:12 GMT

In this episode, Lisa Larrimore Ouellette, Associate Professor of Law and Justin M. Roach, Jr. Faculty Scholar at Stanford Law School, and Rebecca Weires, a student at Stanford Law School and the Stanford School of Engineering, discuss their article "University Patenting: Is Private Law Serving Public Values?," which will be published in the Michigan State Law Review. Ouellette and Weires begin by briefly explaining the university system and the goals of university patent policy. They identify the problems that university patent policy was supposed to solve and observe that exclusive licenses play a smaller role than expected. They note that university patents seems to play a more important role in some areas than others, and ask whether university patents are actually advancing policy goals. And they reflect on how universities and Congress should think about university patent policy. Ouellette is on Twitter at @PatentScholar.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 105: Chevrolet Sings of Safe Driving and You (1965)

Sun, 22 Sep 2019 23:31:16 GMT

In 1965, the Chevrolet Motor Division Merchandising Department of General Motors released an LP titled "Chevrolet Sings of Safe Driving and You." The LP was billed as "an Innovation in Driver Education." And it observed, "Your driving ability will make your car even safer!" Here is the tracklist:

An Exciting Thing (Driving A Car)
Grown-Up Baby (Driving Psychology)
Cities And Towns (Driving In City And Heavy Traffic)
Nowhere Fast (Observance And Enforcement)
Gentle Things (Adverse Driving Conditions)
When The Wrong Thing Happens (Stopping Distances)
The Natural Laws (Laws Of Motion)
Man-Made Laws (Common Sense Driving)

Hosted on Acast. See acast.com/privacy for more information.

Kent Lambert on Using Copyrighted Works in Video Art

Sun, 22 Sep 2019 22:53:36 GMT

In this episode, Kent Lambert, a Chicago-based musician and media artist and the Assistant Director of the Hack Arts Lab Media Arts, Data, and Design Center at the University of Chicago, discusses his artistic practice and reflects on his experience of how copyright affects his work in media art. Lambert begins by describing his video work, explaining where he finds source materials, why he uses them, and how he conceptualizes his relationship to other authors. He reflects on the ethics of appropriating media without the permission of the original author, and explains how he navigates those concerns. And he discusses the relationship between his work and commercial work. Lambert is on Twitter at @lambkent.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Joe Dunman on the Devil in the Law

Wed, 18 Sep 2019 22:08:54 GMT

In this episode, L. Joe Dunman, Assistant Professor of Legal Studies at Morehead State University, discusses his article "The Devil in Recent American Law," which is published in the Pace Law Review. Dunman begins by observing that, at least in theory, courts are supposed to be agnostic about question of religious belief. But in practice, courts have long applied different standards to Satanism than other religions. He surveys different areas of the law in which courts have wrestled with Satanism and when it is admissible in court. And he reflects on how courts should treat Satanism, based on neutral principles. Dunman is on Twitter at @JoeDunman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jill Hasday on Intimate Lies

Wed, 18 Sep 2019 01:42:56 GMT

In this episode, Jill Hasday, Distinguished McKnight University Professor and Centennial Professor in Law at the University of Minnesota Law School, discusses her new book "Intimate Lies and the Law," which is published by Oxford University Press. Hasday begins by explaining how courts treat "intimate lies" differently from other kinds of lies. She describes the different kinds of lies people tell and why they tell them. She reflects on this history of how courts have addressed intimate lies. And she explains why they should do better. Hasday is on Twitter at @JillHasday.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Evan Zoldan on Corpus Linguistics

Tue, 17 Sep 2019 01:00:18 GMT

In this episode, Evan Zoldan, Professor of Law at the University of Toledo College of Law, discusses his article "Corpus Linguistics and the Dream of Objectivity," which will be published in the Seton Hall Law Review. Zoldan begins by explaining what corpus linguistic is, how it works, and why many people want to apply it to legal analysis. Among other things, the goal of corpus linguistics is to increase the objectivity of legal analysis. But Zoldan observes that it is inescapably subjective, because we always have to choose the corpus to analyze. While corpus linguistics can answer some questions, it might not be able to answer the kinds of questions that matter for legal analysis. Zoldan is on Twitter at @ECZoldan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Carliss Chatman on Attorney Whistleblowers

Sat, 14 Sep 2019 02:09:34 GMT

In this episode, Carliss Chatman, Assistant Professor of Law at Washington & Lee University School of Law, discusses her article, "Myth of the Attorney Whistleblower," which will be published in the SMU Law Review. Chatman begins by explaining the duty of confidentiality and the attorney-client privilege, and how those apply to attorneys representing organizations rather than individuals. She describes the Enron fraud and bankruptcy, reflects on the role of attorneys in that controversy, and describes how Congress tried to create attorney reporting requirements in order to prevent future frauds in Sarbanes-Oxley. She observes that the reforms didn't work, and points to their failure in the Theranos and Tesla scandals. And she reflects on whether any regulation can help. Chatman is on Twitter at @carlissc.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sanjukta Paul on Antitrust as Coordination Rights

Thu, 12 Sep 2019 21:31:22 GMT

In this episode, Sanjukta Paul, Assistant Professor of Law at Wayne State University Law School, discusses her article "Antitrust As Allocator of Coordination Rights," which will be published in the UCLA Law Review. Paul begins by explaining why she thinks we should conceptualize antitrust policy in terms of "coordination rights," or the legal ability to form agreements. She reflects on how coordination rights were conceptualized in different ways at different points in the history of antitrust policy, and emphasizes that antitrust policy always reflects normative values that inform its purpose and goals. She argues that both inter- and intra-firm agreements are forms of coordination, and that we should examine both through the lens of antitrust policy. And she suggests that the range of normative values antitrust policy should consider are broader than those encompassed by the current consensus view. Paul is on Twitter at @sanjuktampaul.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Peter Adamson on Medieval Islamic Jurisprudence

Wed, 11 Sep 2019 22:07:59 GMT

In this episode, Peter Adamson, Professor of Late Ancient and Islamic Philosophy at the LMU in Munich, discusses his essay "Taqlid: Authority and the Intellectual Elite in the Islamic World," which will be part of a lecture series at Notre Dame. Adamson begins by explaining the difference between the Islamic law concepts of "taqlid," which roughly means "rule-following" or "precedent" and "ijtihad," which roughly means "intellectual struggle." He explains how these were contested concepts in medieval Islamic jurisprudence and theology, and reflects on how they informed jurisprudential ideology. He also discusses the Aristotelian move in late medieval Islamic jurisprudence and how it reframed the debate. He closes by discussing the larger project of which this essay is a part, as well as the new book he edited, "Philosophy and Jurisprudence in the Islamic World."

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Kate Elengold on the Investment Imperative

Wed, 11 Sep 2019 02:27:39 GMT

In this episode, Kate Sablosky Elengold, Assistant Professor and director of the Consumer Financial Transactions Clinic at UNC School of Law, discusses her scholarship on the Investment Imperative, a term she coined. Kate identifies the investment imperative "as the widely-held belief that higher education is necessary to increase one's financial prosperity and social standing in America." She argues that the investment imperative drives and distorts student decisions to attend institutions of higher education and to debt-finance their educations. In particular, she suggests that students fail to consider the return on investment of their college attendance decisions and that the investment imperative creates feelings of fear and shame in students when their expectations are not matched by reality. Elengold's article, The Investment Imperative, is forthcoming in the Houston Law Review and is available on SSRN. Elengold is on Twitter at @kateelengold.

This episode was hosted by Matthew Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Chaz Arnett on Decarceration and E-carceration

Tue, 10 Sep 2019 20:59:21 GMT

In this episode, Chaz Arnett, Assistant Professor of Law at the University of Pittsburgh School of Law, discusses his article "From Decarceration to E-carceration," which will be published in the Cardozo Law Review. Arnett begins by describing what "e-carceration" is and what the experience of being subject to constant electronic surveillance is actually like. He explains how the decarceration movement has emphasized e-carceration as a way of getting people out of prison, but observes that e-carceration is ultimately just a prison without walls. He reflects on how e-carceration is ultimately inconsistent with the rehabilitative goals of the decarceration movement, and argues that we need to use different approaches if we want to integrate people convicted of crimes back into society. Arnett is on Twitter at @chazparnett.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anthony Michael Kreis on Title VII and LGBTQ Rights

Sun, 08 Sep 2019 21:42:45 GMT

In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discusses his article "Dead Hand Vogue," which will be published in the University of Richmond Law Review. Kreis begins by explaining how courts have construed Title VII's prohibition on employment discrimination differently in relation to LGBTQ individuals than other social groups. Specifically, he observes that courts usually look to individual characteristics to determine whether prohibited discrimination has occurred, but only look to membership in the LGBTQ class, as a function of the "legislative dead hand" that did not originally include discrimination on the basis of sexual orientation. He points out that this has led to absurd results, including that mistaken discrimination on the basis of sexual orientation may be prohibited, but accurate discrimination may not. He concludes by reflection on upcoming Supreme Court cases that will address this issue. Kreis is on Twitter at @AnthonyMKreis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Caprice Roberts on Remedies for Emoluments Violations

Fri, 06 Sep 2019 13:52:13 GMT

In this episode, Caprice L. Roberts, Visiting Professor of Law at the George Washington University Law School, discusses her article "Disgorging Emoluments," which will be published in the Marquette Law Review. Roberts begins by explaining what "emoluments" are and briefly describing the current controversy over improper emoluments allegedly received by President Trump. She observed that many commentators have discussed whether or not Trump received emoluments, but none have discussed what should happen if he did. In particular, what remedies would be appropriate and why. She argues that disgorgement would be the most appropriate remedy under the circumstances. Roberts is on Twitter at @capricelroberts.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Maybell Romero on Prosecutor Unions & Criminal Justice Reform

Wed, 04 Sep 2019 03:30:19 GMT

In this episode, Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law discusses her draft article "Prosecutors and Police: An Unholy Union." Romero begins by observing that prosecutors are beginning to unionize and join with police unions, which promises to create issues for accountability and criminal justice reform. She describes the history of police unions and the relationship between police and prosecutors. Among other things, she notes that police unions are different than other kinds of unions, and often serve to protect abusive police officers and practices. She observes that the move among prosecutors to unionize seems to be driven by the rise of "progressive" or "reformist" prosecutors. And she argues that this move could make criminal justice reform more difficult. Romero is on Twitter at @MaybellRomero.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Kerr on the Perfect Opinion

Tue, 03 Sep 2019 20:35:40 GMT

In this episode, Andrew Jensen Kerr, Lecturer of Legal English and Assistant Director for the Language Center at Georgetown University Law Center, discusses his article "The Perfect Opinion," which will be published in the Washington University Jurisprudence Review. Kerr begins by describing the literature evaluating the quality of judicial opinions. He explains how his methodology differs from that of other scholars, by providing an analytic approach to the aesthetics of judicial opinions. He observes that, among other things, judges tend to prefer opinions with few or no citations. And he reflects on what that can tell us about the relationship between aesthetics and the judicial enterprise. Kerr's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Patrick Kabat on Free Expression Limits to the Right of Publicity

Tue, 03 Sep 2019 00:02:36 GMT

In this episode, Patrick Kabat, a media and entertainment lawyer and Director of the First Amendment, Media & Entertainment Law Practicum at Cleveland-Marshall College of Law, discusses his article "The Fossilized Right of Publicity: Fiction, the First Amendment, and the Freedom of Imagination." Kabat begins by describing the origin of the right of publicity and what it protects. He explains why the right of publicity is in tension with the First Amendment protection of free expression, and how that tension has increased as First Amendment protections have broadened. He discusses recent right of publicity decisions, and why courts got the doctrine right or wrong. He closes by reflecting on how his practice has informed his scholarship. Kabat is on Twitter at @PatrickKabat.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Carrie Goldberg on Fighting Back Against Psychos & Trolls

Fri, 30 Aug 2019 22:17:45 GMT

In this episode, Carrie A. Goldberg, the owner of C. A. Goldberg, PLLC, discusses her new book, "Nobody's Victim: Fighting Psychos, Stalkers, Pervs, and Trolls," which is published by Plume, an imprint of Penguin Random House. Goldberg begins by describing the kind of horrific abuse her clients suffer, often at the hands of strangers. She explains why her clients need help and some of the strategies she uses in order to help them. Among other things, she reflects on how Section 230 of the CDA enables abusers by insulating internet platforms from liability and she how she uses copyright law to takedown abusive images. She closes by discussing why she does what she does, and how law students and lawyers can think about using their legal skills for good. Goldberg is on Twitter at @cagoldberglaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 104: Interview with George Johnson, Mound Bayou, Mississippi, September 1941

Fri, 30 Aug 2019 04:05:36 GMT

This is the beginning of a 1941 interview with George Johnson, a formerly enslaved man who belonged to Joseph Davis, the owner of the Hurricane plantation in Warren County, Mississippi. Joseph Davis was the brother of Jefferson Davis, the President of Confederate States of America. Johnson discusses Benjamin Montgomery, another slave who belonged to Joseph Davis, who managed Hurricane. But Montgomery was also an inventor. Among other things, he invented a boat propeller, which became controversial in 1858, when Jefferson Davis tried to patent Montgomery's invention, and the Patent Office rejected Davis's application, because no one could take the patent oath. Davis was not the inventor, and under Dred Scott, Montgomery was not a person.

The interview was recorded by Alan Lomax in Mound Bayou, Mississippi, an African-American community founded by Benjamin Montgomery's son Isaiah Montgomery, which still exists today.

More information about Benjamin Montgomery and his patent is available in Brian L. Frye, Invention of a Slave, 68 Syracuse Law Review 181 (2018).

Hosted on Acast. See acast.com/privacy for more information.

Athul Acharya on Evaluating Software Patents

Fri, 30 Aug 2019 00:07:43 GMT

In this episode, Athul K. Acharya, an impact litigation associate at BraunHagey & Borden LLP, discusses his article "Abstraction in Software Patents (and How to Fix It)" which is published in the John Marshall Review of Intellectual Property Law. Acharya begins by explaining what the "abstract-ideas" doctrine is and the role it plays in patent eligibility. He describes what software patents protect and why the present particular conceptual problems for patent eligibility. And he provides a novel way of determining whether software patent claims should be eligible. He closes by reflecting on how junior legal scholars can draw on their non-legal background. Acharya is on Twitter at @AthulKAcharya.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Wendy Greene on Hair Discrimination

Thu, 29 Aug 2019 05:26:30 GMT

In this episode, D. Wendy Greene, Professor of Law at Drexel University Kline School of Law and Francis Lewis Scholar in Residence at Washington and Lee University School of Law, discusses her article "Splitting Hairs: The 11th Circuit's Take on Workplace Bans Against Black Women's Natural Hair in EEOC v. Catastrophe Management Solutions," which was published in the University of Miami Law Review. Greene begin by explaining how federal discrimination law works and what plaintiffs must show in order to prove a discrimination claim. She describes how courts have applied those standards to claims involving hairstyles, and why they are mistaken. Specifically, she observes that courts improperly apply the "immutability doctrine," which excludes hairstyles from protection because they can be changed, even if employees shouldn't have to change them, which places an especially heavy burden on African-American women. And she reflects on how her advocacy work has helped change the law in California and New York to protect hairstyle choices. Greene is on Twitter at @ProfessorDWendy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Reid Krell on the Power of Jury Instructions

Tue, 27 Aug 2019 23:35:24 GMT

In this episode, Dr. Matthew Reid Krell, an instructor in the University of Alabama Department of Political Science, discusses his article "The Power of Jury Instructions: Evidence From EEOC Cases." Krell begins by explaining what jury instructions are and the role they play in civil litigation. He briefly discusses existing scholarship on how jury instructions affect juries and why his project focuses on how they affect litigants and their incentives. He describes the study he conducted, including how he obtained the data and how he used it. And he describes his findings, which are consistent with his hypothesis that the judge's decision on which instructions to adopt communicates information to litigants about whether to settle. He closes by reflection on how this article fits into his scholarly project and where he plans to go next. Krell is on Twitter at @ReidKrell.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ex Cathedra 5: Leslie Griffin on the Legal Academy

Tue, 27 Aug 2019 21:32:31 GMT

In this episode, Dr. Leslie C. Griffin, William S. Boyd Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, describes her path to law and, eventually, the legal academy. First, she explains her background in religious studies, and how her desire for social change spurred her interest in law school. Later she discusses how she built relationships with faculty across disciplines, and how she has honed her teaching style over the years in both undergraduate and legal education. Griffin is on Twitter at @LeslieCGriffin.

This episode was hosted by David A. Simon, Visiting Assistant Professor at the University of Kansas School of Law, and a Project Researcher at the Hanken School of Economics. Simon is on Twitter at @David_Simon and his scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

Daniel Brook on Race and Reconstruction

Mon, 26 Aug 2019 19:47:02 GMT

In this episode, Daniel Brook, a journalist and author whose writing has been published in Harper's, The New York Times Magazine, and the Nation, discusses his new book, "The Accident of Color: A Story of Race and Reconstruction," which is published by W.W. Norton & Company. Brook begins by describing the unique socio-political circumstances surrounding race in antebellum New Orleans and Charleston. He explains how those circumstances shaped the perception and meaning of color in those cities. He explains how the increasing racialization of slavery complicated those social relationships, and how white Southerners made race a binary during Reconstruction and Jim Crow.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Justin Simard on Citing Slavery

Sat, 24 Aug 2019 17:51:23 GMT

In this episode, Justin Simard, a Visiting Assistant Professor at Willamette University College of Law, discusses his article "Citing Slavery," which will be published in the Stanford Law Review. Simard begins by observing that courts often cite cases involving slaves as precedent, often without even acknowledging it. He argues that this is a problem, not only because those cases are often bad law, but also because it is wrong to perpetuate the law of slavery. He points out that slave cases were always inflected by the ideology of slavery, and therefore aren't actually reliable precedents. And he reflects on the normative problems with treating slave cases like any other cases. Simard's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ari Glogower on the Constitutionality of a Federal Wealth Tax

Thu, 22 Aug 2019 23:08:10 GMT

In this episode, Ari Glogower, Assistant Professor of Law at the Ohio State University Moritz College of Law, discusses his article "A Constitutional Wealth Tax," which will be published in the Michigan Law Review. Glogower begins by explaining what a "wealth tax" is, and how it differs from an income tax. He explains why the constitutional requirement to apportion "direct" taxes among the states creates potential problems for the implementation of a federal wealth tax, and how the Supreme Court has addressed those concerns over time. And he explains how a "wealth integration" alternation could not only avoid those constitutional issues, but also show how they reflect a conceptual incoherence at the heart of the constitutional dispute. Glogower is on Twitter at @AriGlogower.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Robert Tsai on Practical Equality

Sat, 17 Aug 2019 01:52:21 GMT

In this episode, Robert L. Tsai, Professor of Law at the American University Washington College of Law and Clifford Scott Green Chair and Visiting Professor of Law at Temple University Beasley School of Law, discusses his book "Practical Equality," which is published by W.W. Norton and Company. Tsai begins be explaining what he means by "practical equality" and how it works to shape the law. He provides examples of how courts and other institutions have acted consistently and inconsistently with practical equality. And he reflects on how the concept of practical equality can help up address hard questions more effectively. Tsai is on Twitter at @robertltsai.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Blake Hudson on Climate Change Messaging

Thu, 15 Aug 2019 21:06:23 GMT

In this episode, Blake Hudson, Professor of Law and A.L. O'Quinn Chair in Environmental Studies at the University of Houston Law Center, discusses his article "Denying Disaster: A Modest Proposal for Transitioning from Climate Change Denial Culture in the Southeastern United States," which he co-authored with Evan Spencer, and published in the University of Arkansas at Little Rock Law Review. Hudson begins by observing that the Southeastern United States is especially vulnerable to climate change, but voters in the region resist policies intended to mitigate climate change. He reflects on the reasons for that resistance, and offers thoughts on how advocacy organizations could communicate with Southern voters more effectively. Hudson is on Twitter at @ForestLawProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Nikolas Bowie on Written Constitutionalism

Wed, 14 Aug 2019 19:46:52 GMT

In this episode, Nikolas Bowie, Assistant Professor of Law at Harvard Law School, discusses his article "Why the Constitution Was Written Down," which was published in the Stanford Law Review. Bowie begins by explaining why the concept of a written constitution was important and its conventional origin story. He describes the charter of the Massachusetts Bay Company and how colonists came to conceptualize it in constitutional terms. He observes that this shift led American colonists to conceptualize constitutionalism differently than people in England. He reflects on how this affected early American constitutional thought. And he explains how it ought to affect constitutional interpretation today. Bowie is on Twitter at @nikobowie.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 103: Billie Jean Parker, The Truth About Bonnie And Clyde (1968)

Mon, 12 Aug 2019 22:39:52 GMT

Bonnie Elizabeth Parker (1910-1934) and Clyde Chestnut Barrow (1909-1934) were American criminals, who robbed several banks and countless small stores between 1931 and May 23, 1934, when they were killed in an ambush by a posse of law enforcement officers. Bonnie and Clyde murdered 9 law enforcement officers, as well as many civilians. The sensational press coverage of their crime spree made them notoriously, but their popularity waned as their death toll grew.

In February 1935, the Dallas Police Department and the FBI arrested and prosecuted 20 family members and friends of Bonnie and Clyde, for aiding and abetting their criminal activities. One of the defendants was Bonnie's sister, Billie Jean Parker, who was convicted and spent time in prison.

In 1967, Arthur Penn directed the motion picture Bonnie and Clyde, starring Warren Beatty and Faye Dunaway. The movie romanticized the couple and introduced them to a new audience. Capitalizing on Bonnie & Clyde's new popularity, Felton Jarvis interviewed Billie Jean Parker, and RCA Victor released the interview on LP, accompanied by music from the film. Here is the tracklist:

Foggy Mountain Breakdown (From The Film "Bonnie And Clyde") (Instrumental) Introduction By Jud Collins0:45

What Kind Of People Were Bonnie And Clyde?6:52

Billie Jean On The Road With Bonnie And Clyde4:01

The Time They Needed Guns1:21

The Car Wreck And How Clyde's Brother Was Killed7:26

Bonnie's Outlook On Life And Bonnie's Poem "The Ballad Of Bonnie And Clyde"3:50

Some Of The Things That Happened3:00

Billie Jean With Bonnie And Clyde4:41

Who Did They Rob?1:35

Billie Jean Parker Serving Time2:56

The Death Of Bonnie And Clyde5:15

Foggy Mountain Breakdown (Instrumental) Narration By Jud Collins0:40

Hosted on Acast. See acast.com/privacy for more information.

Andrew Carter on Plagiarism in Legal Practice

Mon, 12 Aug 2019 19:30:03 GMT

In this episode, Andrew Carter, Clinical Professor of Law at the Arizona State University Sandra Day O'Connor College of Law, discusses his article "The Case for Plagiarism," which was published in the UC Irvine Law Review. Carter begins by explaining how plagiarism is defined and how courts have imposed plagiarism norms on practicing lawyers. He observes that judges typically fail to identify the purpose of those plagiarism norms and argues that in many cases, "plagiarism" may enable attorneys to provide better client service at a lower price. He argues that courts should probably not enforce plagiarism norms at the expense of clients. He also discusses the role of plagiarism norms in legal pedagogy. Carter's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 102: Willard T. Cantelon, The New World Money Systems (1969)

Sun, 11 Aug 2019 23:27:00 GMT

Willard Theadore Cantelon (1916-1999) was a Canadian preacher and writer. He was quite popular in the 1960s and 70s, writing several books and recording several LPs on religious subjects, typically addressing the financial system. Many of his ideas have become popular conspiracy theories. In 1969, he wrote a book titled "The New World Money System." He also recorded an LP on that theme, which was released on several labels, including this "New Systems" release. As the cover observes, "This record may be worth more than 'its weight in gold.'"

Hosted on Acast. See acast.com/privacy for more information.

Ex Cathedra 4: Jeffrey Bellin on Legal Scholarship and Teaching

Wed, 07 Aug 2019 20:47:53 GMT

In this episode, Jeffrey Bellin, University Professor for Teaching Excellence and Robert and Elizabeth Scott Research Professor of Law at William & Mary Law School, discusses his path into and through the legal academy. He begins by explaining how his career began, how practice informed his scholarship, and how his scholarship changed over time. Later he reflects on how scholarship evolves and what new law professors can do to improve their teaching skills. Bellin is on Twitter at @BellinJ.

This episode was hosted by David A. Simon, a Visiting Assistant Professor at the University of Kansas School of Law and a Project Researcher at the Hanken School of Economics.

Hosted on Acast. See acast.com/privacy for more information.

Bennett Capers on Afrofuturism & Critical Race Theory

Mon, 05 Aug 2019 20:54:15 GMT

In this episode, Bennett Capers, Stanley A. August Professor of Law at Brooklyn Law School, discusses his article "Afrofuturism, Critical Race Theory, and Policing in the Year 2044," which was published in the New York University Law Review. Capers begins by explaining the concept of "Afrofuturism" and the role it has played in African-American thought. He describes the creation and development of the Critical Race Theory movement and how it relates to Afrofuturism. And he reflects on how Afrofuturism and Critical Race Studies can help us imagine the future of policing in a majority-minority United States. Capers is on Twitter at @BennettCapers.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Matthew Hitt on Supreme Court Decisionmaking

Sat, 03 Aug 2019 00:29:22 GMT

In this episode, Matthew P. Hitt, Assistant Professor of Political Science at Colorado State University, discusses his book "Inconsistency and Indecision in the United States Supreme Court," which is published by the University of Michigan Press. Hitt begins by explaining key terms in his study of Supreme Court decisionmaking, including "decisiveness" and "consistency." He observes that Supreme Court decisionmaking has become less decisive and more consistent over time. He discusses the reasons for this shift, as well as the reasons that a certain amount of inconsistency persists. He notes that Supreme Court seems to value consistency and reasoning more highly than Congress or the public, and argues that increasing the decisiveness of the Supreme Court may be desirable. Hitt is on Twitter at @matthewhitt.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Matt Teichman on Offensive Generic Statements

Fri, 02 Aug 2019 05:00:57 GMT

In this episode, Matt Teichman, a full-time lecturer in the humanities at the University of Chicago and the host of the Elucidations philosophy podcast, discusses his work on generic statements and their implications for implied ethics. Teichman begins by identifying generic statements and explaining why they present a philosophical problem. He observes that generic statements are especially contentious in relation to groups of people, because they can be offensive. But he argues that some offensive statements can be desirable, especially when they are made in the service of social justice. And he suggests that understanding the function of generic statement can help us whether they are desirable or undesirable. Teichman is on Twitter at @ElucidationsPod.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jasmine Harris on the Aesthetics of Disability

Thu, 01 Aug 2019 02:42:56 GMT

In this episode, Jasmine E. Harris, Acting Professor of Law at the University of California Davis School of Law, discusses her article "The Aesthetics of Disability," which was published in the Columbia Law Review. Harris begins by explaining the source of disability law and how it is intended to both prevent discrimination against people with disabilities and rely on "contact theory" to reduce the stigma of disability. But she observes that the benefits predicted by contact theory have not always materialized, and argues that it is because aesthetic aversion to disabilities encourages individual and institutional discrimination. She argues that we should strive to eliminate the ability of those aesthetic preferences to affect our choices, in order to effectively prevent discrimination against people with disabilities. Harris is on Twitter at @Jeharrislaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lauren van Haaften-Schick on the Artists' Contract

Tue, 30 Jul 2019 21:35:55 GMT

In this episode, Lauren van Haaften-Schick, a curator and writer from New York City and PhD Candidate in the History of Art and Visual Studies at Cornell University discusses her article "Conceptualizing Artists’ Rights: Circulations of the Siegelaub-Projansky Agreement through Art and Law," which was published in the Oxford Handbooks Online: Law, as well as her current work on the Artists' Contract and its legacy. She begins by explaining how transactions in the art market typically work, what resale royalties are, and why they don't exist in the United States. She describes the cultural moment in the late 1960s and early 1970s, when the art market began to expand and artists became more politically conscious, forming organizations like the Art Workers Coalition. She explains how this shift led Seth Siegelaub and Robert Projansky to create the "The Artist’s Reserved Rights Transfer and Sale Agreement" in 1971, and what the Artists' Contract was intended to accomplish. And she reflects on how and why the Artists' Contract is increasingly relevant today. Van Haaften-Schick is on Twitter at @LaurenVHS.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 6: Lawrence Lessig, The Law of the Horse: What Cyberlaw Might Teach (1997)

Tue, 30 Jul 2019 07:44:00 GMT

In 1996, Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit delivered an address at the University of Chicago titled "Cyberspace and the Law of the Horse," which was published in the University of Chicago Legal Forum. In his address, Easterbrook mocked the idea of conceptualizing "cyberlaw" as a discrete field of legal research. Drawing on Gerhard Casper's similar dismissal of studying "the law of the horse," Easterbrook argued that legal scholarship should instead focus on identifying unifying themes and general theoretical principles.

In 1997, Lawrence Lessig responded to Easterbrook's criticisms in an article titled "The Law of the Horse: What Cyberlaw Might Teach," which was published in the Harvard Law Review. Among other things, Lessig argued that the law of cyberspace is different from other specialized areas of law, and may reward study in ways they do not.

This episode of Lex Phonographica was read by Deborah Hartstein.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 5: Charles Colman, About Ned (2016)

Sun, 28 Jul 2019 23:40:59 GMT

In 2016, the Harvard Law Review published an essay by Charles Colman titled "About Ned." Here is the abstract:

In this essay, I explore the possibility that the storied article "The Right to Privacy," 4 Harv. L. Rev. 193 (1890), might have come into existence in part because of lead author Sam Warren's powerful drive to protect his younger siblings -- and, in particular, his gay brother Ned. For reasons both obvious and less intuitive, Sam might have viewed the article as a promising vehicle for shielding Ned and the rest of the Warren family from potentially devastating journalistic and public scrutiny of Ned's sexuality.

Viewed in this light, the article acquires a special resonance in this, its one hundred twenty-fifth anniversary. Rhetoric central to the piece can be traced, link by link, case by case, to Supreme Court decisions that collectively established a multifaceted constitutional right to personal autonomy. The article can arguably be understood as a catalyst for the series of events culminating in the Supreme Court's 2015 recognition, in Obergefell v. Hodges, of a constitutional right to same-sex marriage.

If "The Right to Privacy" is indeed about Ned, even in part, then what originated as an effort to protect one gay man might, quite remarkably, be a 125-year-old precursor of the Court's decision securing the protection of a fundamental right for gay people throughout the nation.

This episode of Lex Phonographica was read by Brian L. Frye.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 4: Aharon Barak, Hermeneutics and Constitutional Interpretation (1993)

Sun, 28 Jul 2019 23:16:41 GMT

In 1993, Aharon Barak, former chief justice of the Israeli Supreme Court, published an article entitled "Hermeneutics and Constitutional Interpretation" in the Cardozo Law Review. He provided a theory of constitutional interpretation based upon the discretion of judges, contrasting objective and subjective interpretations of constitutional texts.

This episode of Lex Phonographica was read by Luce Nguyen.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 3: Brennan, State Constitutions and the Protections of Individual Rights (1977)

Sun, 28 Jul 2019 22:21:41 GMT

In January 1977, United States Supreme Court Justice William J. Brennan Jr. published an article titled "State Constitutions and the Protections of Individual Rights" in the Harvard Law Review. He noted an emerging trend of state courts finding greater protection of individual liberties in their state constitutions than in the federal constitution, and was a notable article regarding federalism in American constitutional interpretation.

This episode of Lex Phonographica was read by Luce Nguyen.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 2: Don't Cry Over Filled Milk (1988)

Sun, 28 Jul 2019 21:06:23 GMT

In 1988, the editors of the University of Pennsylvania Law Review published an aside titled "Don't Cry Over Filled Milk: The Neglected Footnote Three to Carolene Products." It provided a trenchant critique of legal citation practices as described in the Bluebook through a satirical examination of footnote three of United States v. Carolene Products, and has been cited with relative frequency by those critiquing current practices. It has also been noted in a number of Constitutional Law texts, including Norman Redlich's Constitutional Law casebook, for its numerous citations to scholarship focused on footnote four of United States v. Carolene Products.

This episode of Lex Phonographica was read by Luce Nguyen.

Hosted on Acast. See acast.com/privacy for more information.

Lex Phonographica 1: Samuel D. Warren & Louis D. Brandeis, The Right to Privacy (1890)

Sun, 28 Jul 2019 09:38:23 GMT

In December 1890, Samuel D. Warren and Louis D. Brandeis published an article titled, "The Right to Privacy" in the Harvard Law Review. It became one of the most influential law review articles ever written, and shaped the development of privacy and publicity rights.

This episode of Lex Phonographica was read by Brian L. Frye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 102: Jack Van Impe, The Coming War With Russia (1973)

Sun, 28 Jul 2019 01:29:52 GMT

Jack Leo Van Impe is an American televangelist born in 1931. He is best known for his weekly television series "Jack Van Impe Presents," which is available at the Jack Van Impe Ministries International website. Van Impe has also recorded and released many recordings on his own imprint. In this 1973 LP he relied on his interpretation of the Bible to predict an imminent war with Soviet Union.

Hosted on Acast. See acast.com/privacy for more information.

Léonid Sirota on Canadian Originalism

Fri, 26 Jul 2019 00:10:14 GMT

In this episode, Léonid Sirota, Senior Lecturer at the Auckland University of Technology Law School, discusses his work on Canadian constitutional law. He begins by describing the sources of Canadian constitutional law, when they were adopted, and which institutions have interpreted them. He explains that the prevailing view of Canadian constitutional law rejects originalist methods of interpretation in favor of a form of living constitutionalism. But he observes that this position is overstates, as the Canadian Supreme Court actually engages in a form of originalist interpretation on a regular basis. He argues that the Court should acknowledge its use of originalist methodologies and that they may promote the rule of law. Sirota is on Twitter at @DoubleAspect and blogs at doubleaspect.blog.

The articles addressed in this interview include:

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 101: The President's Assassin Speaks (~1964)

Thu, 25 Jul 2019 19:43:51 GMT

On August 21, 1963, Lee Harvey Oswald (1939-1963) appeared in a debate on WDSU-FM New Orleans. The debate was moderated by WDSU radio commentators Bill Slatter and Bill Stuckey. Oswald represented the New Orleans branch of the Fair Play for Cuba Committee, of which he was the only member. He debated Carlos Bringuier, the leader of the New Orleans branch of the Student Revolutionary Directorate (DRE), an anti-Castro group, and Edward Scannell Butler, the leader of the Information Council of the Americas, a right-wing organization. On August 9, Oswald and Bringuier had gotten into a fight, when Bringuier encountered Oswald distributing pro-Castro leaflets. Both were arrested for disturbing the peace and quickly released. Stuckey learned of the incident and invited Oswald and Bringuier on his radio program. Here is a transcript of the debate.

Unbeknownst to anyone at the time, on April 10, 1963, Oswald had tried and failed to assassinate retired Major General Edwin S. Walker, a prominent anti-communist and segregationist speaker, who was a member of the John Birch Society. Of course, on November 21, 1963, Oswald assassinated President John F. Kennedy in Dallas, Texas. He was quickly apprehended. But on November 24, Oswald was himself murdered by Jack Ruby.

Soon after the Kennedy assassination (probably in 1964), Key Records, a right-wing record label based in Los Angeles, California and affiliated with the John Birch Society, released an LP titled "The President's Assassin Speaks." The record was narrated by Billy James Hargis (1925-2004), an evangelical preacher affiliated with the John Birch Society. It featured Oswald and Bringuier's comments from the WDSU debate, with Hargis playing the part of the moderator. As it happens, Hargis was closely associated with Walker. Hargis was also the leader of Christian Crusade, a religious organization he founded. In 1964, Christian Crusade was investigated by the IRS, which revoked its tax exempt status. In 1971, he founded American Christian College in Tulsa, Oklahoma. But in 1974, he was forced to resign, when he was accused of sexually assaulting male and female students. The college went bankrupt and closed in 1977.

The LP was the eleventh in a series of "anti-subversion" albums released by Key Records. It was intended to emphasize that Oswald was a Communist, and not affiliated with the right-wing.

Hosted on Acast. See acast.com/privacy for more information.

Jorge Contreras on "Sui-Genericide"

Thu, 25 Jul 2019 03:26:46 GMT

In this episode, Jorge L. Contreras, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses his draft article "Sui-Genericide." Contreras begins by explaining the difference between trademarks and generic terms, and how generic terms relate to the public domain in copyright and patent. He discusses how "genericide" can turn strong trademarks into generic terms. But he observes that sometimes market participants want certain terms to be generic, even though they could qualify as trademarks, which he calls "sui-genericide." He explains why sui-genericide can be beneficial and how it may come into conflict with trademark doctrine. And he reflects on what sui-genericide can tell us about the concept of generic terms. Contreras is on Twitter at @contreraslegals.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Anat Alon-Beck on Unicorn Stock Options

Wed, 24 Jul 2019 18:02:08 GMT

In this episode, Dr. Anat Alon-Beck, Assistant Professor of Law at Case Western Reserve University School of Law, discusses her article "Unicorn Stock Options - Golden Goose or Trojan Horse?," which will be published in the Columbia Business Law Review. Alon-Beck begins by describing what a "unicorn" company is. She explains how technology startups have traditionally compensated their employees with stock options, in order to provide incentives for them to contribute to the value of the company and stay in their jobs. She observes that unicorn companies have created a problem for that model, because their abundance of cash causes them to delay their IPOs. She explains why this harms senior employees and creates undesirable incentives for junior employees. And she explains how to mitigate or solve the problem by encouraging IPOs, among other things. Alon-Beck is on Twitter at @anatalonbeck.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jennifer Oliva on Prescription Drug Policing

Tue, 23 Jul 2019 02:00:54 GMT

In this episode, Jennifer D. Oliva, Associate Professor of Law at Seton Hall University School of Law, discusses her new article “Prescription Drug Policing: The Right to Protected Health Information Privacy Pre- and Post- Carpenter,” forthcoming in the Duke Law Journal. Prof. Oliva begins the discussion explaining how common inaccuracies in understanding the current overdose epidemic (focusing on prescription drug use rather than illicit drug use) exacerbates the crisis. She then explains how this erroneous understanding has precipitated the creation of state prescription drug monitoring programs (PDMPs), which collect and maintain data on every dispensed prescription while collecting massive amounts of protected health information (PHI). Professor Oliva then details how these PDMPs mainly serve as a law enforcement rather than a public health tool, introducing greater amounts of surveillance into the life of the American public. She then discusses search and seizure law under the Fourth Amendment and its applicability to warrantless police seizure of PDMP information while arguing that such searches and seizures are illegal both under pre- and post-Carpenter. She closes by issuing a warning to listeners, urging them to remember how much of their most private information is made public given common technologies. Professor Oliva's scholarship is available on SSRN and she is on Twitter at @jenndoliva.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

Hosted on Acast. See acast.com/privacy for more information.

Alexa Chew & Kevin Bennardo on Citation Stickiness

Mon, 22 Jul 2019 19:21:21 GMT

In this episode, Alexa Z. Chew, Clinical Associate Professor of Law at the University of North Carolina School of Law, and Kevin Bennardo, Clinical Associate Professor of Law at the University of North Carolina School of Law, discuss their article "Citation Stickiness," which will be published in the Journal of Appellate Practice & Process. Chew and Bennardo begin by explaining what citation stickiness is, why it matters, and how it has been studied by other scholars. They describe their study and how they structured it. And they reflect on their findings, discussing what their study tells us about citation stickiness and how scholars may want to study citation stickiness in the future. Chew is on Twitter at @aznchew.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 100: Adlai Stevenson (1965)

Mon, 22 Jul 2019 01:04:39 GMT

Adlai Ewing Stevenson II (1900-1965) was an American lawyer, politician, and diplomat, who was a leader of the progressive wing of the Democratic Party. Stevenson was born in Los Angeles, California. His grandfather Adlai Ewing Stevenson I was Vice President of the United States under President Grover Cleveland from 1893 to 1897. Stevenson graduated from Princeton University and briefly attended Harvard Law School before dropping out. Eventually, he graduated from Northwestern University School of Law and worked for the Chicago law firm Cutting, Moore & Sidley. From 1933-35, he worked for the Agricultural Adjustment Administration. During WWII, he worked for the Secretary of the Navy, and after the war, he worked for the State Department.

In 1949, Stevenson was elected Governor of Illinois as a Democrat, winning by a record margin. In 1952 and 1956, Stevenson received the Democratic nomination for President of the United States, and ran unsuccessful campaigns against Dwight Eisenhower. in 1960, he lost the Democratic nomination to John F. Kennedy, who appointed Stevenson Ambassador to the United Nations. On July 14, 1965, Stevenson died of a heart attack in London, England.

Shortly after Stevenson's death, Radio Press International released this LP titled "Adlai Stevenson: The Man, The Candidate, The Statesman," which collects some of Stevenson's best-known comments. The album is narrated by Bill Scott, and produced by Audio Stage, Inc. for The Macmillan Company. Here is the tracklist:

Side 1

Band 1

aPresident Johnson's Eulogy, July 14, 1965

bAdlai E. Stevenson's Acceptance Address at Democratic National Convention, Chicago, August 17, 1956

cU.N. Secretary General U Thant's eulogy, July 19, 1965, at the United Nations

dAdlai E. Stevenson's address at the Peace on Earth Conference, February 17, 1965 in New York

eSecretary of State Dean Rusk's eulogy at special United Nations ceremonies, July 19, 1965

Band 2

fAdlai E. Stevenson accepts democratic draft at Chicago Convention, July 25, 1962

gAdlai E. Stevenson concedes defeat to Dwight D. Eisenhower on election night, November 1952

hAdlai E. Stevenson accepts democratic nomination in Chicago, August 17, 1956

iAdlai E. Stevenson quips about convention during the 1956 campaign

jAdlai E. Stevenson concedes the election, election night, November, 1956

kAdlai E. Stevenson's address to the American Bar Association, New York, August 13, 1964

lAdlai E. Stevenson acknowledges cheers of gallery at opening of 1960 Democratic Convention, Los Angeles, July 12, 1960

mSenator Eugene McCarthy, (D-Minn.), nominates Stevenson, July 13, 1960, Los Angeles

nAdlai E. Stevenson bids farewell to political wars, Los Angeles, July 14, 1962

Band 3

oAdlai E. Stevenson's Disarmament Address before the 17th session of the UN General Assembly, Sept. 20, 1962

pAdlai E. Stevenson's remarks on agression and appeasement during Security Council debate on Cuba, October, 1962

qAdlai E. Stevenson's remarks on split in the communist bloc during Security Council debate on Southeast Asia, May 1964

rAdlai E. Stevenson's remarks on peace and war in Southeasst Asia at the U.N. Security Council debate on Vietnam and Laos, May 21. 1964

sAdlai E. Stevenson demands answer from Soviet delegate during Security Council debate on millile crisis, October 26, 1962

tAdlai E. Stevenson chides some African delegates on race issue at the Security Council meeting on the Congo, December 14, 1964

uAdlai E. Stevenson discusses the role of the United Nations at ceremonies honoring its 20th anniversary, San Francisco, June 26, 1965

vAdlai E. Stevenson's last statement before a United Nations body to the Economic and Social Council, Geneva, Switzerland, July 9, 1965

wAdlai E. Stevenson eulogizes Sir Winston Churchill, January 28, 1965

Side 2 - A Personal Essay on Democracy, New York, January 14, 1962

1Adlai E. Stevenson receives the America's Democratic Legacy Award, presented by the Anti-Defamation League of the B'Nai Brith

Hosted on Acast. See acast.com/privacy for more information.

Ex Cathedra 3: Orin Kerr on Legal Scholarship

Sat, 20 Jul 2019 19:38:54 GMT

In this episode, Orin Kerr, Professor of Law at the University of California Berkeley School of Law, discusses his path into legal academia and offers advice for aspiring academics and junior scholars. Among other things, Kerr describes his early career and how his research has evolved over time. Kerr also offers advice on how to write and think effectively as a legal scholar, as well as some tips for teaching. Kerr is on Twitter at @OrinKerr.

This episode was hosted by David A. Simon, Visiting Assistant Professor at the University of Kansas School of Law, and a Project Researcher at the Hanken School of Economics. Simon's scholarship is available on SSRN and he is on Twitter at @david_simon.

Hosted on Acast. See acast.com/privacy for more information.

Samuel Brunson on Taxing Religion

Fri, 19 Jul 2019 23:10:05 GMT

In this episode, Samuel D. Brunson, Georgia Reithal Professor of Law at Loyola University Chicago School of Law, discusses his book "God and the IRS: Accommodating Religious Practice in United States Tax Law," which is published by Cambridge University Press. Brunson begins by explaining how the Constitution limits the government's ability to burden and benefit religion, as well as how courts evaluate the legitimacy of tax policy. He discusses religious objections to taxation and tax benefits granted to people on the basis of religion, including the parsonage allowance, the tax deductibility of contributions to religious organizations, and the tax treatment of religiously motivated contractual relationships. He closes by setting out a framework for thinking about whether religious accommodations to tax law are justified. Brunson is on Twitter at @smbrnsn.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Daniela Simone on Collective Authorship

Fri, 19 Jul 2019 21:33:10 GMT

In this episode, Dr. Daniela Simone, Lecturer in Law and Co-Director of the Institute of Brand and Innovation Law at University College London Faculty of Laws, discusses her book "Copyright and Collective Authorship: Locating the Authors of Collaborative Work," which is published by Cambridge University Press. Simone begins by explaining what copyright protects and why. She discusses how copyright doctrine currently assigns authorship and ownership of works created by multiple people. She reflects on several particular forms of collective works to show how copyright doctrine provides "wrong" answers to the question of authorship, including Wikipedia, aboriginal Australian art, scientific articles, and motion pictures. And she explains how copyright could provide better answers by considering social norms and context when assigning authorship. Simone is on Twitter at @DrDSimone.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Allison Anna Tait on the Law of High-Wealth Families

Thu, 18 Jul 2019 21:13:48 GMT

In this episode, Allison Anna Tait, Associate Professor of Law at the University of Richmond School of Law, discusses her article "The Law of High-Wealth Exceptionalism," which will be published in the Alabama Law Review. Tait begins by describing "family constitutions," which extremely high-wealth families use in order to help preserve their wealth and facilitate dispute resolution. She observes that many wealth managers strongly recommend such constitutions, and encourage families to conceptualize themselves as semi-sovereign entities, ideally independent of government regulation. She also discusses some of the legal tools that extremely wealthy families use to avoid regulation, oversight, and taxation, including trusts, family offices, and private foundations. She argues that this ideology and the legal tools that facilitate it are anti-democratic and harm the rest of the population. And she argues that we should consider reforms to help mitigate this problem, including a revitalization of the estate tax. Tait is on Twitter at @athenais1674.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ed Timberlake on Trademarks in the #Twitterverse

Thu, 18 Jul 2019 17:44:49 GMT

In this episode, Ed Timberlake, a former Trademark Examining Attorney and Copyright Examiner who currently practices trademark and copyright law, discusses his article "#Trademarks Twitter Addresses a Gap in the Literature," which was published in the Idaho Law Review. Timberlake begins by describing what trademarks do and how they are created. He explains the purpose of trademark registration and how trademark examiners decide whether to approve a registration application. He reflects on why attorneys and scholars should study the trademark registration process as well as trademark litigation. And he argues that Twitter can help promote deeper understanding of trademarks and how they work. Timberlake is on Twitter at @TimberlakeLaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ex Cathedra 2: June Carbone on Legal Scholarship

Thu, 18 Jul 2019 06:21:05 GMT

In this Episode, we talk with June Carbone, Robina Chair in Law, Science and Technology at the University of Minnesota Law School. Carbone first explains how she broke into the legal academy, and how the hiring process has changed over the past 25 years. She continues by discussing what makes a good law review article, and how to engage with empirical research as a young scholar. Carbone also discusses how to engage with other academics without overwhelming your professional bandwidth. Carbone is on Twitter at @carbonej.

Hosted on Acast. See acast.com/privacy for more information.

Howard Kislowicz on Canadian Aboriginal Rights and Religious Freedom

Wed, 17 Jul 2019 20:52:50 GMT

In this episode, Howard Kislowicz, Associate Professor of Law at the University of Calgary Faculty of Law, discusses his article "Recontextualizing Ktunaxa Nation v. British Columbia: Crown Land, History and Indigenous Religious Freedom," which was co-authored with Senwung Luk and published in the Supreme Court Law Review. Kislowicz begins by explaining the source of protection of religious freedom under the Canadian Constitution, and how the Supreme Court of Canada has interpreted and applied constitutional protections of religion. He describes the recent Ktunaxa Nation case, in which the Supreme Court rejected an aboriginal religious freedom claim on novel grounds. He observes that the basis for the Supreme Court opinion fails to account for the history and circumstances of aboriginal Canadians. And he speculates on how the issue may develop in the future. Kislowicz is on Twitter at @HowieKislowicz.

The stinger for this episode is Kislowicz's band Shoulders performing "Spectacular Failure" from What Does it Eat (2018).

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 99: Kenneth McFarland, Liberty Under Law (~1966)

Wed, 17 Jul 2019 01:46:40 GMT

Dr. Kenneth W. McFarland (1906-1985) was a teacher, public speaker, author, and conservative pundit. He was born in Caney, Kansas, received a bachelor’s degree from Pittsburg State College of Kansas in 1927, a master’s degree from Columbia University in 1931, and a doctorate from Stanford University in 1940. Eventually, he became the superintendent of the Topeka, Kansas school system, and was the superintendent when the Topeka Board of Education was sued in the landmark anti-discrimination case Brown v. Board of Education (1954). After Brown v. Board, General Motors and Readers Digest, among others, hired him as a speaker.

Many of McFarland's speeches were recorded and published as LPs by the Edward M. Miller and Associates, Inc. label from Grand Rapids, Michigan, which published LPs by many different conservative speakers.

This LP is a recording of a speech McFarland delivered to a Rotary International group in about 1966. Among other things, he criticizes the Supreme Court, singling out Justice Douglas, and questions the legitimacy of the civil rights movement.

Hosted on Acast. See acast.com/privacy for more information.

Ex Cathedra 1: Mark Lemley on Legal Scholarship

Tue, 16 Jul 2019 22:01:48 GMT

In this episode, Mark Lemley, William H. Neukom Professor of Law at Stanford Law School, Director of the Stanford Program in Law, Science and Technology, and Partner at Durie Tangri, discusses his views on legal scholarship. Lemley begins by describing his own experience coming up into the legal academe, and how law practice and exposure to diverse ideas stimulate his scholarship on a broad range of subjects. He goes on to explain how junior scholars can write interesting scholarship, engage with senior scholars, and manage the academic (and practice) workload. Lemley is on Twitter at @marklemley.

Hosted on Acast. See acast.com/privacy for more information.

Doron Dorfman on Deservingness, Scarcity, and Disability Rights

Tue, 16 Jul 2019 21:37:58 GMT

In this episode, Doron Dorfman, Associate Professor of Law at Syracuse University College of Law, discusses his article "[Un]Usual Suspects: Deservingness, Scarcity, and Disability Rights," which will be published in the UC Irvine Law Review. Dorfman begins by explaining his work on disability studies, health law, and law & psychology. He briefly explains the basis for modern disability law and how the ADA protects the rights of disabled people. He describes the empirical study, utilizing survey experiments as well as qualitative interviews, he conducted in relation to how Disneyland guests and parking lot users experience and perceive accommodations provided to disabled people. And he reflects on how the results of his study should inform our approach to disability policy. Dorfman is on Twitter at @DorfmanDoron.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Mila Sohoni on the Lochner Era & the Trump Administration

Tue, 16 Jul 2019 20:54:36 GMT

In this episode, Mila Sohoni, Professor of Law at the University of San Diego School of Law, discusses her article "The Trump Administration and the Law of the Lochner Era," which was published in the Georgetown Law Journal. Sohoni begins by describing what the Lochner era is, how Lochner v. New York came to define an era of jurisprudence, and how that era is conventionally understood. She complicates that conventional understanding by pointing out seeming contradictions in the Supreme Court's jurisprudence, and explains them in relation to a broader ideology of personal and governmental sovereignty. She points to similarities between the ideology of the Lochner era court and the Trump administration's policies and argues that those similarities reflect ideological affinities. And she reflects on how that should inform our understanding of the current political moment. Sohoni's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 98: Underground (1976)

Tue, 16 Jul 2019 07:02:47 GMT

Students for a Democratic Society (SDS) is a leftist student organization. It was founded in 1960, but originated in the Intercollegiate Socialist Society, which was founded in 1905. SDS rapidly grew and had more than 300 chapters in 1969, when it fractured into factions. Among other things, members of the organization disagreed about whether it should prioritize feminism, or anti-racist and anti-war activities. SDS still exists today, albeit in a much diminished form.

One of the more radical elements of SDS was the Revolutionary Youth Movement (RYM), which split from SDS in 1969, and renamed itself "Weatherman," based on a line from the Bob Dylan song "Subterranean Homesick Blues": "You don't need a Weatherman to know which way the wind blows." Weatherman soon renamed itself the Weather Underground Organization and pursued increasingly radical and violent actions with the stated goal of Communist revolution. Among other things, the Weather Underground staged a riot in Chicago on October 8, 1969, which they dubbed "Days of Rage," broke Timothy Leary out of prison in 1970, and a string of bombings from 1969 through the 1970s, including a bombing of the Pentagon. Unsurprisingly, the FBI considered the Weather Underground a domestic terrorist organization, and the members of the group went underground in order to avoid arrest.

By 1975, the Weather Underground was beginning to unravel. The radical documentary filmmaker Emile de Antonio convinced cinematographer Haskell Wexler and editor Mary Lampson to co-direct a documentary film about the Weather Underground. The result was Underground (1976), an 87 minute documentary in which members of the Weather Underground explains their ideas and political philosophy. Notably, Wexler filmed them from behind or through a screen, in order to conceal their identities. The members of the Weather Underground featured in the film include: Bill Ayers, Kathy Boudin, Bernardine Dohrn, Jeff Jones, and Cathy Wilkerson. Notably, De Antonio was relatively critical of the organization and its tactics.

When the film was finished, the FBI tried to subpoena all of the material, but after considerable litigation, the subpoena was quashed, primarily on First Amendment grounds.

Later in 1976, Folkways Records released the "soundtrack" of Underground as a 2xLP set. Here is the track list:

A1Statement By The Underground

A2Violence Is Necessary - H. Rap Brown, Malcolm X, M. L. King Jr., F. Castro

A3The Viet War - Ho Chi Minh, N.T.Dinh, J. Ford

A4SDS, Chicago 1969, Days Of Rage

B1Attitudes Of The Underground

B2Self Criticism

B3Puerto Rico - "Mongo Affair" (Miguel Algarin)

B4Making The Film

B5We Are Professional Revolutionaries

B6The West 11th Street Explosion

C1Capitol Bombing - Returning Medals

C2Fear And Commitment

C3Class Origin And Class Stance

C4The Publication Of The Praire Fire

D1Make Up Of Capitalistic Power & The New Revolution

D2The Prison Movement And Attica

D3It Is The People Who Make The Change

D4We Are A Small Organization

D5Interview At A L.A. Unemployment Center

D6Why We Are Communists & Speak Collectively

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 97: Wendy Bagwell, From Peanuts to President (1977)

Sun, 14 Jul 2019 21:23:15 GMT

Wendell Lee "Wendy" Bagwell (1925-1996) was a musician and comedian from Chamblee, Georgia. He was the founding member and leader of the Southern gospel music and comedy trio Wendy Bagwell and the Sunliters. The group was active for 33 years and recorded about 40 albums.

In 1977, shortly after Jimmy Carter was elected President of the United States, Wendy Bagwell and the Sunliters recorded an album titled "Plain Georgia Gospel," which included a track titled "From Peanuts to President," a comedic monologue by Wendy Bagwell in which he reflected on Carter's path to the presidency.

Hosted on Acast. See acast.com/privacy for more information.

Zahr Said on the Craft Beer Industry

Fri, 12 Jul 2019 22:19:18 GMT

In this episode, Zahr Said, Associate Professor of Law and Associate Dean for Research and Faculty Development at the University of Washington School of Law, discusses her article "Craft Beer and the Rising Tide Effect: An Empirical Study of Sharing and Collaboration Among Seattle's Craft Breweries," which is published in the Lewis & Clark Law Review. Said begins by explaining what craft beer is and how she became interested in studying the craft beer industry. She situates her project in relation to the law and social norms turn in intellectual property scholarship and describes the qualitative empirical study she conducted of participants in the craft beer industry. She reflects on her finding of "coopetition" among participants in the industry, and how it manifested itself in relation to knowledge goods, among other things. And she discusses plans for future scholarship in the area. Said is on Twitter at @zahr_said.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 96: The New York Taxi Driver (1959)

Thu, 11 Jul 2019 22:06:04 GMT

Anthony "Tony" Schwartz (1923-2008), known as the "wizard of sound" was an American sound archivist, sound designer, media theorist, and advertising creator. Among other things, he helped create the "Daisy" television ad for the 1964 Lyndon Johnson campaign.

In 1952, Schwartz began using a portable tape recorder to document his conversations with New York City taxicab drivers. Eventually, he recorded about 35 hours of material, which he edited into a 32-minute LP, titled "The New York Taxi Driver." The LP was produced by Paul Roberts, narrated by Dwight Weist, and released by Columbia Records. In 2004, it became one of the first 100 recordings added to the National Recording Registry by the National Recording Preservation Board. Here is the tracklist:

A1A Temporary Job3:40

A2Cops, Calls And Traffic5:44

A3Occupational Hazards2:39

A4Females2:24

A5The Bronx Is Like China1:48

A6The Philosophers3:12

B1Home Sweet Home7:28

B2A Jumble Of Colors1:30

B3The Ambassador2:54

B4"...The Way It Has To Be"2:01

Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Lipshaw on Turing, the Halting Problem, AI & Lawyering

Thu, 11 Jul 2019 21:45:04 GMT

In this episode, Jeffrey Lipshaw, Professor of Law at Suffolk University Law School, discusses his article "Halting, Intuition, Heuristics, and Action: Alan Turing and the Theoretical Constraints on AI-Lawyering," which was published in the Savannah Law Review, as well as his current work on artificial intelligence. Lipshaw begins by explaining who Alan Turing was, and how he invented the "Turing machine" in order to answer a mathematical question. Essentially, Turing identified the "halting problem," which remains an inevitable feature of algorithmic data processing. Lipshaw explains how the halting problem can inform our thinking about the automation of legal practice and the core competencies of lawyers. Lipshaw is on Twitter at @JeffLipshaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lindsey Barrett on Data Privacy & Information Fiduciaries

Thu, 11 Jul 2019 04:15:18 GMT

In this episode, Lindsey Barrett, a staff attorney and teaching fellow at the Georgetown University Law Center Institute for Public Representation Communications & Technology Clinic, discusses her article "Confiding in Con Men: U.S. Privacy Law, the GDPR, and Information Fiduciaries," which was published in the Seattle University Law Review. Barrett begins by explaining how data privacy is regulated in the United States, especially by the Federal Trade Commission. She compares it to how data privacy is regulated in the European Union under the General Data Protection Regulation or GDPR. And she introduces an alternative paradigm for data privacy regulation by treating data custodians as "information fiduciaries." She explains how this fiduciary relationship would work and why it might be preferable to alternative paradigms. Barrett is on Twitter at @LAM_Barrett.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 95: William O. Douglas on Conformity (1964)

Wed, 10 Jul 2019 18:49:58 GMT

On September 18, 1964, Associate Justice William O. Douglas of the United States Supreme Court delivered an address titled "A Nonconformist in Our Society" at City College in New York City. Douglas's talk was the first in a series dedicated to the philosopher and legal scholar Morris Raphael Cohen. Among other things, Douglas discussed the extent to which conformity permeates American society, and criticized the unwillingness of American culture to express diverse values, and its detrimental focus on technological and economic progress. The address was recorded and presented by WEVD radio. It is followed by a PSA and a musical interlude.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 94: Bill Cox, The Trial Of Bruno Richard Hauptmann (1935)

Wed, 10 Jul 2019 01:18:47 GMT

Bruno Richard Hauptmann (1899-1936) was convicted of the kidnapping and murder of Charles Lindbergh Jr., the infant son of Charles Lindbergh and Anne Morrow Lindbergh, which was known as "The Crime of the Century." Hauptmann was born in Germany, fought in WWI, and emigrated to the United States in 1923.

On the evening of March 1, 1932, someone kidnapped 20-month-old Charles Lindbergh, Jr. from his bedroom in Highfields, New Jersey. A ransom note demanded $50,000, which was delivered by Dr. John F. Condon, but the child was not returned, and his lifeless body was discovered in the woods 4 miles from his home on May 12, 1932.

Hauptmann was identified and arrested after a bank teller traced the serial number on a $10 gold certificate to the Lindbergh ransom, and it was traced to Hauptmann's car. Among other things, $14,600 of the ransom money was found in Hauptmann's garage. He was convicted, sentenced to death, and executed on April 3, 1936. However, some people have argued that Hauptmann was innocent, and that he was framed for the crime.

Bill Cox (1897-1968) was a guitarist, singer, and harmonica player from Kanawha County, Kentucky. He was also known as the "Dixie Songbird," and recorded many songs, primarily for Conqueror Records. This 78rpm record, titled "The Trial of Bruno Richard Hauptmann, Part I & II" was recorded on February 26, 1935, in New York City.

Hosted on Acast. See acast.com/privacy for more information.

Tom Simmons on Conflicts of Interest and Virtual Representatives

Tue, 09 Jul 2019 20:40:34 GMT

In this episode, Tom Simmons, Professor of Law at the University of South Dakota School of Law, discusses his paper, "Conflict-of-Interest-Infected Virtual Representatives and a Cure," published in the South Dakota Law Review. Simmons begins by providing a broad outline of trusts and the role of both representatives and “virtual representatives” in providing adequate notice to trust beneficiaries. He details how the common law created the concept virtual representation, and the roles of the American Law Institute Restatements and the Uniform Trust Code in modern trust law. He then discusses the 2017 reforms to the South Dakota trust statutes, noting how the structure of policymaking on South Dakotan trust law provided for more comprehensive reform. And he describes how the new law works to resolve previous issues and provides theoretical examples. Simmons concludes by detailing what lawyers, policymakers, and legislators should take away from these developments. Simmons's scholarship is available on @SSRN.

This interview was hosted by Luce Nguyen. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Eric Goldman on Emojis & the Law

Tue, 09 Jul 2019 20:02:29 GMT

In this episode, Eric Goldman, Professor of Law and Co-Director of the High Tech Law Institute at Santa Clara University School of Law, discusses his article "Emojis and the Law," which was published in the Washington Law Review, as well as his recent work on content moderation. Goldman begins by explaining what emojis are, who created them, and how they work. He describes how people use emojis to communicate and how software platforms can frustrate or confuse those communication. He provides examples of how courts have begun to wrestle with the meaning of emojis when interpreting communications and reflects on how intellectual property law can increase uncertainty about the meaning of emojis. He closes by discussing his recent work connecting content moderators in productive conversations. Goldman blogs at the Technology & Marketing Law Blog and is on Twitter at @ericgoldman.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 93: Abe Fortas on Precedent (1968)

Tue, 09 Jul 2019 02:32:20 GMT

On March 20, 1968, after an introduction delivered by Associate Justice Thurgood Marshall, Associate Justice Abraham "Abe" Fortas (1910-1982) delivered an address at the American University Washington College of Law Convocation on the 75th Anniversary of American University. Among other things, Fortas discussed the concept of precedent and stare decisis in relation to the Supreme Court's constitutional criminal procedure jurisprudence. Fortas reflects on Betts v. Brady and Gideon v. Wainwright, and how they reflected evolving social mores. And he uses them to explain and justify the Court's decision in Miranda v. Arizona.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

Hosted on Acast. See acast.com/privacy for more information.

Wendy Netter Epstein on Private Alternatives to the Individual Mandate

Mon, 08 Jul 2019 19:17:05 GMT

In this episode, Wendy Netter Epstein, Professor of Law at DePaul University College of Law and Faculty Director of the Mary and Michael Jaharis Health Law Institute, discusses her article "Private Law Alternatives to the Individual Mandate," which will be published in the Minnesota Law Review. Epstein begins by briefly describing what the Affordable Care Act is and how it works, and the role the "individual mandate" played in the ACA. She then explains how the effective elimination of the individual mandate will affect the functioning of the ACA health care markets, by changing the incentives for marginal healthcare consumers. She observes that existing proposals to compensate for the loss of the individual mandate are unlikely to be effective and would have undesirable consequences. And she proposes several alternative approaches based on behavioral economics principles that could be more effective, including variable rate plans, lock-in contracts, return of premium policies, and appeals to altruism. Epstein is on Twitter at @ProfWEpstein.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 92: Hugo Black, Radio Address (1937)

Mon, 08 Jul 2019 00:12:11 GMT

Hugo Lafayette Black (1886-1971) was a politician and judge from Ashland, Alabama. He graduated from the University of Alabama School of Law in 1906 and practiced law in Birmingham. In the early 1920s, he joined the Ku Klux Klan, but resigned in 1925. In 1926, he was elected to the United States Senate as a Democrat. He was an ardent supporter of President Franklin D. Roosevelt and the New Deal. However, he opposed federal anti-lynching legislation, and made anti-Catholic and anti-Semitic comments.

On August 12, 1937, President Roosevelt nominated Black to the Supreme Court to replace Associate Justice Willis Van Devanter, who had retired. Traditionally, sitting Senators nominated to judicial positions were immediately confirmed, but Black's nomination was referred to the Judiciary Committee, in part because of his former Klan membership. On August 16, the Committee recommended confirmation, and the Senate confirmed the following day.

On October 1, 1937, Black delivered a radio address on NBC radio from the RCA studio, in order to refute accusations of racism, anti-Catholicism, and anti-Semitism. Among other things, he observed that the Constitution protects religious freedom. And he denied any racial or religious intolerance. He admitted joining the Klan, but stated that he resigned before becoming a Senator, did not consider himself a member of Klan, and repudiated the beliefs of the Klan. He also noted that he had many African-American, Catholic, and Jewish friends.

Black's address is followed by a musical program.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 91: Warren E. Burger, The State of the Judiciary (1970)

Sun, 07 Jul 2019 16:06:50 GMT

On August 10, 1970, Chief Justice Warren E. Burger (1907-1995) of the Supreme Court of the United States delivered a "State of the Judiciary" speech, which was broadcast on CBS. Burger and others hoped that Congress would resolve to ask the Chief Justice of the Supreme Court to make an annual State of the Judiciary address before both houses of Congress, but Congress was unenthusiastic.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 90: Justice Thurgood Marshall introduces Justice Abe Fortas (1968)

Sat, 06 Jul 2019 18:06:36 GMT

On March 20, 1968, Associate Justice Thurgood Marshall (1908-93) introduced Associate Justice Abraham "Abe" Fortas (1910-1982) at the American University Washington College of Law Convocation on the 75th Anniversary of American University. This is a recording of Marshall's introduction.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

Hosted on Acast. See acast.com/privacy for more information.

Leah Chan Grinvald and Ofer Tur-Sinai on the Right to Repair

Sat, 06 Jul 2019 17:50:03 GMT

In this episode, Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor of Law at Suffolk University Law School, and Ofer Tur-Sinai, Associate Professor of Law at Ono Academic College in Israel, discuss their article "Intellectual Property Law and the Right to Repair," which will be published in the Fordham Law Review. Grinvald and Tur-Sinai begin by explaining what the "right to repair" is and why it is currently endangered by the enforcement of intellectual property rights in light of new technology. They observe that many states are considering right to repair legislation, but it does not seem to be advancing. They argue that the right to repair is consistent with intellectual property policy, and offer a 4-category framework for thinking about implementation of the right to repair. And they reflect on why protecting the right to repair should promote innovation and benefit the public. Grinvald is on Twitter at @LCGrinvald. Tur-Sinai is on Twitter at @oferts70.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 89: Martin and Roberts, Ninety-Nine Years (Is Almost for Life) / Prisoner No. 999 (1932)

Fri, 05 Jul 2019 21:34:50 GMT

Asa F. Martin (1900-1979) was an old-time singer and guitarist from Winchester, Kentucky. Dock Philipine "Fiddlin' Doc" Roberts (1897-1978) was an old-time fiddler from Madison County, Kentucky. Martin and Roberts met at a music convention in Winchester, and soon began performing together. They made their recording debut as a duo on Gennett records in 1928, and quickly became popular.

Martin and Roberts recorded the songs "Ninety-Nine Years (Is Almost for Life)" and "Prisoner No. 999" for Perfect Records on March 24, 1932 in New York City. The tracks may have featured Roberts's son James Roberts on mandolin. The record was released as Perfect No. 12799.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 88: Alfred E. Neuman, It's a Gas! (1963)

Thu, 04 Jul 2019 18:48:01 GMT

MAD Magazine is a humor magazine founded in 1952 by editor Harvey Kurtzman and publisher William Gaines. It was extremely popular and influential in the mid-20th century, especially under editor Al Feldstein (1956-84), peaking in circulation at 2 million in 1974. It has published 550 regular issues, as well as hundreds of special editions. On July 2, 2019, MAD announced that it would stop publishing new issues by the end of the year.

A 1963 issue of MAD included this flexi-disc, purporting to be MAD's mascot Alfred E. Neuman performing the song "It's a Gas," written by N. Blagman and S. Bobrick on the MAD label. The song was written by Norman Blagman and Sam Bobrick, and performed by Mike Russo, Jeanne Hayes, and the Dellwoods. The song apparently features Al Feldstein saying "It's a Gas!" and King Curtis on saxophone. It also features belches provided by the musicians, which were cut into the recording during post-production.

"It's a Gas" was originally recorded for RCA under the name the "Sweet Sick-teens." RCA released two songs from the session, but refused to release "It's a Gas" because it was in poor taste. MAD loved the track, and was delighted to include it with an issue of the magazine.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 87: President Nixon's Resignation Speech

Wed, 03 Jul 2019 22:44:05 GMT

President Richard M. Nixon resigned on August 9, 1974, and President Gerald R. Ford, Jr. was sworn in the following day.

Soon afterward, Histronix, a record label located at 6367 Selma Avenue, Hollywood, California 90028 released an acetate LP. Side 1 is labeled, "President Nixon's Resignation Speech, August 9, 1974." Side 2 is labeled, "President Ford's Swearing In and First Speech to America, August 9, 1974." The disc is labeled "Collector's Item Series 1." It does not appear that Histronix produced very many copies of the record, or ever released any other records.

Hosted on Acast. See acast.com/privacy for more information.

Daniel Rice on the Logan Act & the Take Care Clause

Wed, 03 Jul 2019 20:44:55 GMT

In this episode, Daniel B. Rice, an Associate at Georgetown University Law Center Institute for Constitutional Advocacy and Protection, discusses his article "Nonenforcement by Accretion: The Logan Act and the Take Care Clause," which was published in the Harvard Journal on Legislation. Rice begins by explaining what the Logan Act is, how it was enacted, and its 220 year history of non-enforcement. He identifies 12 different reasons the executive branch has declined to enforce the Logan Act at different points in time, and explains why the "nonenforcement by accretion" creates a constitutional conflict with the Take Care Clause. Rice also reflects on the future of the Logan Act and the likelihood of its eventual repeal. Rice is on Twitter at @daniel_b_rice.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Jonah Gelbach on the Judicial Evaluation of Statistical Evidence

Tue, 02 Jul 2019 22:31:01 GMT

In this episode, Jonah B. Gelbach, Professor of Law at University of California Berkeley School of Law, discusses his draft article "Estimation Evidence," which will be published in the University of Pennsylvania Law Review. Gelbach begins by explaining what "statistical estimation evidence" is and the different ways in which it can be evaluated. He explains how courts currently review the statistical estimation evidence in the summary judgment and judgment as a matter of law context, and why it is inconsistent with the "preponderance of the evidence" standard they purport to apply. He observes that courts can literally use Bayesian methods to evaluate statistical evidence, and that it is consistent with the preponderance standard. And he reflects on what this tells us about how to proceed from a policy standpoint. Contact Gelbach for a copy of this paper. You can also find his related paper "Legal Sufficiency of Statistical Evidence" (co-authored with Bruce Kobayashi). Gelbach is on Twitter at @gelbach.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lisa Ramsey on Trademark Law & the First Amendment

Mon, 01 Jul 2019 18:49:58 GMT

In this episode, Lisa P. Ramsey, Professor of Law at University of San Diego School of Law, discusses her article "Free Speech Challenges to Trademark Law After Matal v. Tam," and her work on "nontraditional marks." Ramsey begins by describing what trademarks are, what trademark law can protect, and how the trademark registration process works. She explains how the Trademark Office used to refuse to register disparaging, immoral, and scandalous marks on statutory grounds, until the Supreme Court found those exclusions unconstitutional viewpoint discrimination in Matal v. Tam (2017) and Iancu v. Brunetti (2019). Ramsey reflects on the meaning of the Supreme Court's application of First Amendment protections to trademark registration, and how it could cascade through the trademark doctrine, affecting other areas of trademark law, including dilution and "inherently valuable expression." Ramsey is on Twitter at @LPRamsey.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Akram Faizer on Reforming the Tax Code

Mon, 01 Jul 2019 04:34:10 GMT

In this episode, Akram Faizer, Professor of Law at the Lincoln Memorial University Duncan School of Law, discusses his paper, "Seven Steps to Truly Reform the Tax Code and Engender Socio-Economic Mobility and Revitalize American Democracy," published in the Albany Law Review. Faizer begins with a brief history of the U.S. tax code, beginning with the Reagan administration to the Trump administration's tax policies. He notes that the existence of payroll taxes means that the federal government is reliant on a highly regressive revenue collection system that serves as a disincentive to both job creation and income growth. As a solution, he proposes a seven step reform program for the tax code: (1) eliminating the federal payroll tax, (2) broadening the estate tax, (3) eliminate automatic step-up basis for recipients of bequeaths, (4) implementing a $1 per gallon gas tax, (5) ending the mortgage interest deduction, (6) introducing an 8% national sales tax, and (7) implementing a trigger system that automatically adjusts tax rates based on tax revenue performance. And he provides economic, policy, and normative justifications for each of his proposed steps. Faizer concludes by stating what policymakers, legislators, and people should take away from his proposal. Faizer's scholarship is available here.

This episode was hosted by Luce Nguyen, a college student and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Jacqueline Lainez-Flanagan on Tax Policy & Human Rights

Mon, 01 Jul 2019 03:35:43 GMT

In this episode, Jacqueline Lainez Flanagan, Visiting Associate Professor of Law at American University Washington College of Law's Janet R. Spragens Federal Tax Clinic (Associate Professor of Law, University of the District of Columbia David A. Clarke School of Law), discusses her article "Holding U.S. Corporations Accountable: Toward a Convergence of U.S. International Tax Policy and International Human Rights" published in the Pepperdine Law Review. Lainez Flanagan begins by discussing the right of foreign nationals to seek redress for violations of international law norms in U.S. courts as originally set out in the Alien Tort Statute and recent Supreme Court jurisprudence increasing U.S. parent companies' protection from accountability for wrongs committed by subsidiaries. She argues toward a convergence of American international tax policy and international human rights, outlining the vast tax benefits conferred upon U.S. parents through legislative grace, most notably the formation of foreign subsidiaries to hold profits offshore. She recommends using international tax policy to enhance the accountability of corporations, discussing existing tools and frameworks within the tax code that allow for its use in promoting human rights norms. She concludes by entreating care in foreign direct investment and the importance of respecting the rights of indigenous populations, natural resources, and native workers in foreign lands, noting that legislators, policymakers, and human rights advocates have opportunities to construct a viable tax justice framework from the existing schema embedded within the tax code.

Hosted on Acast. See acast.com/privacy for more information.

Jay Soled on Estate Tax Reform

Sun, 30 Jun 2019 08:29:50 GMT

In this episode, Jay Soled, Professor and Director of Master of Accountancy in Taxation at Rutgers University, discusses his paper, "Reimagining the Estate Tax in the Automation Era," published in the UC Irvine Law Review. Soled begins by talking about the history of the estate tax in the United States, and its relation to the income tax in the United States. He claims that the decline of labor's share of income and the advance of automation will lead to declines in government revenue, as income taxes make up the majority of collected taxes. As an alternative, he proposes a re-invigorated estate tax acting as a deferred tax on capital income, minimizing the potential for capital flight and un-realized gains that result from a direct tax on capital income. And he provides justifications for his strengthened and broadened estate tax. Soled concludes by discussing what policymakers, lawmakers, and people should take away from his proposal. Soled's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 86: Gagged & Chained (1970)

Sat, 29 Jun 2019 22:09:12 GMT

In 1968, Bobby Seale was one of the "Chicago Eight" defendants charged with conspiracy and inciting a riot at Democratic National Convention in Chicago. During the trial, Seale protested his treatment, and Judge Julius Hoffman ordered him bound and gagged. On November 5, 1969, Hoffman sentenced Seale to four years in prison for contempt of court.

In 1970, the Certron Corporation of Nashville, Tennessee released a 2xLP set titled "Bound & Chained: The Sentencing of Bobby Seale for Contempt." The record was produced by Dennis F. Shanahan, and was described as "A dramatic, historical re-enactment of the Chicago Conspiracy Trial, November 5, 1969, as it relates to Bobby Seale and the sentencing of Seale for contempt by Judge Julius Hoffman." It also includes a live interview recorded with Bobby Seale while imprisoned in the New Haven, Connecticut jail.

Hosted on Acast. See acast.com/privacy for more information.

Jess Miers on Section 230 and the Internet

Sat, 29 Jun 2019 19:55:28 GMT

In this episode, Jess Miers, a law student at Santa Clara University School of Law, discusses her work on Section 230 of the Communication Decency Act, intermediary liability, and content moderation. Miers begins by explaining how Section 230 works and why it was enacted. She reflects on how she became interested in Section 230 and technology policy. She describes the debate around Section 230 and whether it facilitates the harassment of women. And she explains why she enrolled in the "tech edge" program at Santa Clara. Miers blogs at CTRL-ALT-DISSENT and is on Twitter at @jess_miers. You can view her TEDx talk here and read about her Section 230 tattoo here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Melanie Reid on the "CSI Effect"

Fri, 28 Jun 2019 03:54:47 GMT

In this episode, Melanie Reid, Associate Dean of Faculty and Professor of Law at Lincoln Memorial University Duncan School of Law, discusses her paper "A CSI Story: The Past, Present, and Future of Crime Scene Collection and What Litigators Need to Know" which was published in the Wake Forest Journal of Law & Policy. Reid begins by discussing the role of crime scene investigators, and how contemporary perceptions of CSIs based upon movies and TV shows are much different than the realities in the field. She explores the advancement of forensic science through the lens of a 19th century murder trial in England and the 1994 OJ Simpson murder trial, noting the wide differences in forensic science techniques between the 19th century and the modern day. And she notes that a number of errors have been made by CSIs, and details what changes can be made to improve crime scene collection. She discusses the role of CSIs, prosecutors, and defense attorneys in criminal trials, and how each should interact with one another and the information provided by CSIs during trial. Reid concludes with what lawyers, judges, and investigative agencies should take away from her paper. Reid's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

Andy Wright on Oversight & Executive Privilege

Fri, 28 Jun 2019 03:13:59 GMT

In this episode, Andy Wright, Senior Fellow & Founding Editor of Just Security and Partner at K&L Gates, discusses his paper "Executive Privilege and Inspectors General." Wright begins by talking about the unique role of inspectors general as part of the executive branch organizational structure while simultaneously beholden to Congress as a creation of statute, placing them in directly within debates over the structure of powers between government branches. As part of the oversight responsibilities of inspectors general, they are in the possession of potentially confidential or executive privilege-eligible documents. He notes that this creates a difficult balance for inspectors general and Congress, where Congress can request documents that the executive branch refuses to deliver from the inspectors general. He notes that this creates a set of risks to executive privilege, and leads to chilling effects on future executive branch participation with inspectors general oversight actions. And he concludes by discussing what those in the courts, legislature, and executive branch should take away from his paper. Wright is on Twitter at @AndyMcCanse, and Just Security is on Twitter at @Just_Security.

Hosted on Acast. See acast.com/privacy for more information.

Christian Burset on Colonial Common Law

Fri, 28 Jun 2019 02:57:48 GMT

In this episode, Christian Burset, Associate Professor of Law at Notre Dame Law School, discusses his article, "Why Didn't the Common Law Follow the Flag?,” which was published in the Virginia Law Review. Burset is on Twitter at @cburset. Here is the abstract:

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British Empire selectively transplanted English law to the colonies it acquired during the eighteenth century. The extent to which each colony received English law depended on a political decision about what kind of colony policymakers wanted to create. Eighteenth-century observers agreed that English law could turn any territory into an anglicized, commercial colony on the model of Britain's North American settlements. Preserving preexisting laws, in contrast, would produce colonial economies that enriched the empire as a whole but kept local subjects poor and politically disadvantaged. By controlling how much English law each colony received, British officials hoped to shape its economic, political, and cultural trajectory. This historical account revises not only our understanding of how the common law spread but also prevailing ideas about law's place in development policy today.

Hosted on Acast. See acast.com/privacy for more information.

Eve Hanan on the Subjective Experience of Prison

Fri, 28 Jun 2019 02:41:16 GMT

In this episode M. Eve Hanan, Associate Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, discusses her draft article, A Qualitative Turn In Sentencing. Hanan explains how little the policymakers setting prison sentences know about the lived experience of persons in prison. Hanan's scholarship is available on SSRN and she is on Twitter at @eve_hanan.

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

Nizan Packin on Financial Technology & Regulation

Fri, 28 Jun 2019 02:11:56 GMT

In this episode, Nizan Packin, Assistant Professor at the Zicklin School of Business of Baruch College, City University of New York and Affiliate Fellow at Indiana University Bloomington Program on Cybersecurity and Internet Governance, discusses her article, "RegTech, Compliance and Technology Judgment Rule," published in the Chicago-Kent Law Review. Packin begins by defining what Regulatory Technologies are, and details the growth of technologies that disrupt and assist processes in the financial sector. She notes that a number of new entrants into the financial sector that perform the services of banks, termed 'non-banks,' have a number of unique regulatory challenges. She describes the goals of financial regulation, and the promises and perils of RegTech adoption to help address these regulatory goals. And she concludes by stating what policymakers, companies, and regulators should take away from these developments. Packin is on Twitter at @NizanGP.

Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Bellin on Fourth Amendment Textualism

Thu, 27 Jun 2019 02:52:25 GMT

In this episode, Jeffrey Bellin, Professor of Law and University Professor for Teaching Excellence at William & Mary Law School, discusses his paper "Fourth Amendment Textualism," forthcoming in the Michigan Law Review. Bellin begins by exploring the problems with current Fourth Amendment “search” jurisprudence and its reliance on Katz v. United States’ amorphous 'reasonable expectation of privacy' test. He notes that current Fourth Amendment doctrine is nonintuitive and unclear for both state actors and the general public, and recommends, instead, a textualist approach. He expounds upon the approach, defining “search” in an intuitive manner, as well as offering definitions for the remaining applicable textual components of the Fourth Amendment, “their” and "persons, houses, papers, and effects," and discusses how such an approach would work in the twenty-first century. He concludes by discussing why this approach might be an improvement, and what scholars, lawyers, and the courts should take away from his proposal. Bellin is on Twitter at @BellinJ.

This episode was hosted by Luce Nguyen, a college student and co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Hannah Haksgaard on Rural Practice as Public Interest Work

Thu, 27 Jun 2019 02:33:34 GMT

In this episode, Hannah Haksgaard, Associate Professor of Law at the University of South Dakota School of Law, returns and discusses her article “Rural Practice as Public Interest Work,” published this summer in the symposium issue of the Maine Law Review. Prof. Hakgaard introduces listeners to the severe rural lawyer shortage faced in every state of the country. She then explains why rural private practice should be considered public interest work for the purposes of the Public Service Loan Forgiveness Program: 1) to combat the rural lawyer shortage, 2) the mixed nature of rural practice, 3) supplying public services, and 4) to combat low rural lawyer salaries. Prof. Haksgaard then addresses the implications of extending the definition of “public interest” to include rural private practice on federal student loan forgiveness and recruiting for law schools, particularly state law schools in rural communities. Her scholarship, including her new paper, is available on SSRN.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Prof. Romero is on Twitter at @maybellromero.

Hosted on Acast. See acast.com/privacy for more information.

Nicole Boyson on Dual-Registered Investment Advisers

Thu, 27 Jun 2019 02:16:11 GMT

In this episode Nicole M. Boyson, the Patrick F. and Helen C. Walsh Research Professor at the D’Amore-McKim School of Business at Northeastern University, discusses her article The Worst of Both Worlds? Dual-Registered Investment Advisers. Boyson discusses the investment advice landscape and some of the risks for investors. The working paper is available now on SSRN. Boyson is on Twitter at @nikir1.

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Sherman-Stokes on Central American Refugees

Wed, 26 Jun 2019 21:34:53 GMT

In this episode, Sarah R. Sherman-Stokes, Associate Director of the Immigrants’ Rights and Human Trafficking Clinic at Boston University School of Law, discusses her article "Reparations for Central American Refugees," which was published in the Denver Law Review. Sherman-Stokes begins by explaining the legal definition of "refugee" and why refugees are entitled to asylum under United States immigration law. She describes the many practical and legal hurdles facing refugees seeking asylum, both long-standing and recently adopted. She observes that many asylum applicants are from Central America, and that the United States played a role in creating the conditions that made them refugees. Accordingly, she argues that the United States has a legal and moral duty to provide assistance. Sherman-Stokes is on Twitter at @sshermanstokes.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Hannah Bloch-Wehba on Internet Platform Governance

Wed, 26 Jun 2019 20:59:19 GMT

In this episode, Hannah Bloch-Wehba, Assistant Professor of Law at Drexel University Thomas R. Kline School of Law and Affiliated Fellow at Yale Law School's Information Society Project, discusses her article "Global Platform Governance: Private Power in the Shadow of the State," published in the Southern Methodist University Law Review. Bloch-Wehba begins by discussing the dynamics of policies created and enforced by content providers on the internet, noting that terms of service created by platforms are influenced both by their personal interests and the interests of states. She details how the existing notice-and-takedown approach in intellectual property protection and hate/terrorist speech regulation intersects with state interests in those areas, and how the regulatory landscape is beginning to switch toward more proactive measures to be adopted by platforms. And she details how such actions lack legitimacy and accountability, and discusses potential solutions through unilateral platform action and state legislative efforts. She concludes by discussing why the developments matter and what regulators, platforms, and people should take away from the developments in global platform governance. Bloch-Wehba is on Twitter at @HBWHBWHBW.

Hosted on Acast. See acast.com/privacy for more information.

Brandon Magner on Union Elections and the "Laboratory Conditions" Doctrine

Wed, 26 Jun 2019 02:24:38 GMT

In this episode, Brandon Magner, a 2018 graduate of the University of Kentucky College of Law who practices labor-side employment law at the Gath Law Firm in Indianapolis, Indiana, discusses his article "Grand Theft Auto: Calibrating Laboratory Conditions to the New Normal in Union Elections," which will be published in the Concordia Law Review. Magner begins by explaining what a union is, how unions are organized, and how unions are formed. He describes the process of running a union election and why they can be difficult for unions to win. And he explains how certain recent union elections illustrate the need for the National Labor Relations Board to apply the "laboratory conditions" doctrine in order to prevent outside interference on the outcome of union elections. Magner is on Twitter at @BrandonMagner.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 85: William H. Townsend, The Lion of Whitehall: Cassius Marcellus Clay (1952)

Tue, 25 Jun 2019 05:18:07 GMT

On October 17, 1952, William H. Townsend (1890-1964) delivered an address on Kentucky legend Cassius Marcellus Clay (1810-1903) at a meeting of the Civil War Round Table in Chicago. The address was recorded without Townsend's knowledge by Ralph G. Newman, of the Abraham Lincoln Bookshop in Chicago, and released as a 2xLP set by the Lexington, Kentucky Morris Book Shop, to some acclaim.

Townsend was an author, lawyer, Lincoln scholar, speaker, and lifelong president of the Kentucky Civil War Round Table. A lifetime defender of the downtrodden, Townsend always had a clear idea of right and wrong, and would staunchly defend his position, even in the face of extreme opposition. He could also spin a rich tale, and often said that he would "never let the truth get in the way of a good story."

One of Townsend's greatest joys was speaking about Kentucky legend Cassius Marcellus Clay. A fiery mix of brains, temper and nerve, Clay was born into a slave-owning family and spent his lifetime opposing slavery and working for its end. Clay was also a lawyer, duelist, publisher, and a Lincoln appointee as ambassador to Russia. Highly skilled with a knife, Clay's famous pearl-handled Bowie knife was still with him, under his pillow, even as he exhaled his last breath.

Here is Townsend's famous address on Clay before a meeting of the Civil War Round Table in Chicago during the fall of 1952. Recorded without his prior knowledge, this lecture has been widely acclaimed for its droll humor, satire, and historical value. This has been called one of the greatest addresses of the 20th century.

Hosted on Acast. See acast.com/privacy for more information.

Ari Bryen on the Legal Culture of Ancient Rome

Mon, 24 Jun 2019 21:28:06 GMT

In this episode, Ari Z. Bryen, Assistant Professor of History at Vanderbilt University, discusses his article "Responsa," which will be published in the Oxford Handbook of Law and the Humanities. Bryen begins by describing the jurisprudential landscape of ancient Rome. He explains the role of jurists in the Roman legal system, focusing on their creation of "responsa" or opinions providing answers to legal questions. He explains how Romans conceptualized the role of jurists and how the function changed over time. And he reflects on what the law of ancient Rome can tell us about legal culture more generally. Bryen's scholarship is available on Academia.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Eric Kades on Inequality & the Rule Against Perpetuities

Sat, 22 Jun 2019 03:46:04 GMT

In this episode, Eric Kades, Thomas Jefferson Professor of Law and Cabell Research Professor of Law at William and Mary Law School, discusses his article "Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (And Beyond)," published in the Boston College Law Review. Kades begins by discussing the implications of Thomas Piketty's work related to his seminal text Capital in the Twenty-First Century, which argues that the rate of return on capital is returning to its historical status of outpacing the rate of economic growth (r>g). He shows that this reversion to the historical norm will lead to the growth of dynastic wealth in trusts and estates, creating a "new feudalism." Policy tools in place to prevent such capital accumulation, mainly the common law Rule Against Perpetuities to prevent "dead hand" control over property and the estate tax, have been weakened through state and federal political developments. Kades notes that these developments are antithetical to the social, economic, and revolutionary legacy of American history. He suggests, as a potential solution to the growth of dynastic wealth, of a Tax on Perpetuities to prevent the over-accumulation of saved income and dis-incentivize the formation of excessive inter-generational trusts. And he discusses what people and policymakers should take away from these socioeconomic developments.

Hosted on Acast. See acast.com/privacy for more information.

Matt Lawrence on Social Consequences in Health Insurance

Fri, 21 Jun 2019 20:52:36 GMT

In this episode, Matthew Lawrence, Assistant Professor of Law at Pennsylvania State University Dickinson Law School and affiliate of the Harvard Law Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, discusses his article "The Social Consequences Problem in Health Insurance and How to Solve It," forthcoming in the Harvard Law & Policy Review. Lawrence begins by defining the social consequences problem in health insurance, in that a combination of economic, emotional, and social consequences combine to provide additional stresses on patients and their loved ones. He details how the status quo of medical coverage, where patients must pay co-pays and deductibles out of pocket directly to medical providers, creates perverse incentives for providers who now hold a status of both practitioner and bill collector. He provides an account of how the legal environment of healthcare coverage developed and discusses potential solutions and their challenges to the social consequences problem. And he concludes by discussing what insurers, providers, and policymakers should take away when trying to address this issue. Lawrence is on Twitter at @mjblawrence.

This episode was hosted by Luce Nguyen, a college student and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Louis Rosen on Marvel's Daredevil as Vigilante & Lawyer

Fri, 21 Jun 2019 18:26:08 GMT

In this episode, Louis Rosen, Reference Librarian and Associate Professor of Law Library at Barry University Dwayne O. Andreas School of Law, discusses his article "The Lawyer as Superhero: How Marvel Comics' Daredevil Depicts the American Court System and Legal Practice," which was published in the Capital University Law Review. Rosen begins by describing the history and symbolism of Marvel's Daredevil character, a blind masked vigilante, whose alter ego is the lawyer Matt Murdock. He explains how different writers and artists have addressed the vigilante/lawyer dialectic, especially the recent writer Charles Soule, who is himself an attorney. And he reflects on how the Daredevil storyline educated popular audiences about the law and could usefully illustrate law classes. Rosen is on Twitter at @LawLibrarianLou.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Clark Asay on Artificial Intelligence Policy

Fri, 21 Jun 2019 16:13:15 GMT

In this episode, Clark Asay, Associate Professor of Law at Brigham Young University J. Reuben Clark Law School, discusses his article "Artificial Stupidity," which will be published in the William & Mary Law Review. Asay begins by reflecting on the current state of artificial intelligence, which many experts consider still quite "stupid," in the sense that its capabilities are limited and based on fundamental conceptual innovations generated decades ago. He observes that our current tools for promoting the development of artificial intelligence innovation through various forms of intellectual property are unlikely to be effective, as they offer limited incentives and may practically encourage consolidation rather than efficient competition. And he argues that government grants would probably be a better way to promote innovation in artificial intelligence. Asay is on Twitter at @cdasay.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Franita Tolson on Congress's Constitutional Authority Over Elections

Wed, 19 Jun 2019 19:10:45 GMT

In this episode, Franita Tolson, Professor of Law and Vice-Dean of Faculty and Academic Affairs at the University of Southern California Gould School of Law, discusses her article "The Spectrum of Congressional Authority Over Elections," which is published in the Boston University Law Review. Tolson begins by explaining how overlapping constitutional authorization for Congressional regulation should affect the scope and strength of Congressional power. Specifically, she observes that the 14th Amendment and the Elections Clause both authorize Congressional regulation of elections, and argues that this overlapping authority should increase Congressional power to act. She criticizes the Supreme Court's decision in Shelby County v. Holder for failing to consider how the Elections Clause affects the constitutionality of Sections 4(b) and 5 of the Voting Rights Act. And she reflects on how her observations about multiple sources of constitutional authority might affect the analysis of the legitimacy of Congressional action in the election law context and elsewhere going forward. Tolson is on Twitter at @ProfTolson.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

William Moon on Jurisdictional Competition in Corporate Law

Wed, 19 Jun 2019 17:33:04 GMT

In this episode, William Moon, Assistant Professor of Law at the University of Maryland Francis King Carey School of Law, discusses his article "Delaware's New Competition," forthcoming in the Northwestern University Law Review. Moon begins by providing a broad outline of the contemporary understanding of American corporate law, detailing how corporate law scholarship has been based upon an understanding that some level of competition exists between states to supply corporate charters. Delaware has largely dominated this market through a combination of a friendly regulatory environment and network effects. While existing accounts presuppose an inter-state market for corporate charters, Moon notes that overseas jurisdictions have begun to compete with domestic states to supply corporate charters. He shows that a handful of foreign nations in offshore islands have built sophisticated legal infrastructure, including specialized business courts, to compete in this emerging international market. A close relationship between the private sector and legislators in these jurisdictions, which results in part from these lawmakers’ reliance on corporate franchise taxes as a source of revenue, is crucial to their success. And he concludes by discussing what shareholders, regulators, and lawyers should take away from these developments in corporate law. Moon is on Twitter at @willmoontweets.

Hosted on Acast. See acast.com/privacy for more information.

Bob Tarantino on the Dungeons & Dragons Open Game License

Tue, 18 Jun 2019 23:01:46 GMT

In this episode, Bob Tarantino, an entertainment lawyer at Dentons Canada LLP in Toronto and a PhD candidate at Osgoode Hall Law School, discusses his dissertation, "If You Love Something, Set It Free: Open Content Copyright Licensing and Creative Cultural Expression." Tarantino's dissertation uses a study of the Dungeons & Dragons "open game license" to illustrate and investigate the use of open content licensing in practice. He begins by describing the prevailing consequentialist and deontological theories of copyright, as well as the "communicative" theory of copyright, and how it differs from the prevailing theories in prioritizing dialogue over control. He also explains the origin and purpose of the open content movement. He reflect on the creation and evolution of the Dungeons & Dragons role-playing game. And he describes his qualitative study of participants in the commercial market for Dungeons & Dragons products and their subjective assessments of the open game license. Tarantino is on Twitter at @bobtarantino.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Noah Weisbord on Aggression Under International Law

Tue, 18 Jun 2019 02:49:56 GMT

In this episode, Noah Weisbord, Associate Professor of Law at Queens University Faculty of Law, discusses his book, The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats. Weisbord begins by defining the crime of aggression, and traces its historical development from the attempts to promote peace in the 1920s through the League of Nations to its modern conception in international law. He summarizes the negotiations over the Rome Statute of the International Criminal Court, which established the institution, and the subsequent amendments in 2010 regarding the crime of aggression. He discusses the incorporation of the international legal norm into the domestic realm, bringing up the the prosecution of Russian servicemen for waging a war of aggression in Ukraine and the investigation of former British Prime Minister Tony Blair's conduct regarding the Iraq War by the Chilcot Inquiry.

Weisbord outlines the elements that constitute a crime of aggression, placing responsibility for unlawful uses of military force in the hands of military and political leaders. He explains the limitations of the crime, noting that cyber-attacks conducted against Iranian nuclear facilities at Natanz by the United States and Israel and the attacks on the 2016 Presidential election by Russian-linked actors do not merit retaliation for violating the international law against aggression. He reflects upon the potential abuses of the crime of aggression by state actors who might use the responsibility to protect doctrine or mis-matched retaliation to justify otherwise illicit uses of force. And he concludes by providing his insights and recommendations on the crime of aggression for the public, policymakers, and governments. Weisbord is on Twitter at @NoahWeisbord.

This episode was hosted by Luce Nguyen, a college student and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Jay Wexler on Pluralistic Religious Speech

Mon, 17 Jun 2019 18:59:10 GMT

In this episode, Jay D. Wexler, Professor of Law at Boston University School of Law, discusses his new book, "Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others Are Demanding Their Rightful Place in Public Life," which is published by Redwood Press, the trade imprint of the Stanford University Press. Wexler begins by describing how the Supreme Court has historically decided Establishment Clause cases relating to religious speech by the government and in public spaces, observing that the question is especially timely because the Court is currently considering a case on the question. He then reflects on different ways of thinking about the limits on public religious speech. He considers several examples, including the Summum religion and the Satanic Temple, and how those organizations have intervened in the debate over public religious speech. And he closes by explaining why pluralism in public religious speech could improve public discourse. Wexler is on Twitter at @SCOTUSHUMOR.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Rose Cuison Villazor on Immigration Localism

Fri, 14 Jun 2019 23:26:10 GMT

In this episode, Rose Cuison Villazor, Professor of Law and Chancellor's Social Justice Scholar at Rutgers Law School, Newark, discusses her article "Anti-Sanctuary & Immigration Localism," which she co-authored with Pratheepan Gulasekaram and Rick Su, and which was published in the Columbia Law Review. Villazor begins by explaining the concept of a "sanctuary city" and the role they play in immigration policy. She observes that the federal government's efforts to coerce sanctuary cities into enforcing federal immigration law have been largely unsuccessful, due in part to constitutional anti-commandeering principles, but state government efforts to control sanctuary cities don't face the same 10th Amendment objections. She argues that state anti-commandeering principles may protect sanctuary cities against state action. And she reflects on how we should recognize that immigration policy is not just national policy, but also local policy. Villazor is on Twitter at @ProfRCVillazor.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Thibault Schrepel on Antitrust Without Romance

Fri, 14 Jun 2019 19:11:29 GMT

In this episode, Thibault Schrepel, Affiliate Faculty at the Berkman Center at Harvard University and Assistant Professor in European Economic Law at Utrecht University School of Law, discusses his article "Antitrust Without Romance." Schrepel begins by explaining the concept of "public choice theory" and how it can help us understand the incentives of antitrust regulators. He describes the data he collected on how the public statements of regulators illuminates how they may be responding to those incentives. And he explains how the purpose of antitrust policy is in tension with many recent developments in antitrust advocacy. He argues that we should make antitrust policy in light of protecting competition, not morality. Schrepel is on Twitter at @LeConcurrential.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Mannheimer on Vagueness

Fri, 14 Jun 2019 07:35:37 GMT

In this episode, Michael Mannheimer, Professor of Law at the Northern Kentucky University Chase College of Law, discusses his article “Vagueness as Impossibility,” forthcoming in the Texas Law Review. Prof. Mannheimer begins by giving an overview and history of the void for vagueness doctrine, focusing on the two traditional rationales for its existence: 1) requiring that statutes, both criminal and civil, give notice of what conduct is illegal, and 2) preventing the delegation of legislative power to those who should not wield it, such as prosecutors or police. He then describes and contrasts differing positions that Supreme Court justice has taken on the doctrine, particularly between Justices Thomas and Gorsuch. Prof. Mannheimer explains the difference between ambiguous and vague statutes, and highlights some of the problems with the current void for vagueness doctrine, including its underinclusivity, and its inherent contradictions. He closes by discussing a potential reframing of vagueness as impossibility, taking the doctrine in a much more practical direction. Mannheimer's scholarship is available on SSRN.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Prof. Romero is on Twitter at @maybellromero.

Hosted on Acast. See acast.com/privacy for more information.

Hilary Allen on Driverless Finance

Fri, 14 Jun 2019 06:23:30 GMT

In this episode, Hilary J. Allen, Associate Professor of Law at American University Washington College of Law, discusses her article Driverless Finance. Allen discusses how emerging financial technology introduces new systemic risks to our financial system and explains why regulators need to respond quickly to build new tools for our new environment. Driverless Finance is forthcoming in the Harvard Business Law Review. Allen's scholarship is available on SSRN.

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 84: Burlesque Uncensored: A Bare Faced Documentary (1955)

Wed, 12 Jun 2019 21:30:56 GMT

In 1955, Emory Cook made a field recording of a burlesque show at Minsky's Theater in Newark, New Jersey. He released the recording as an LP in his "Sounds of Our Times" series on his "Cook Laboratories" label. Among other things it featured an orchestra conducted by Harold Rausch and performance by Marie Voe and Patti Waggin. While the New York Times ran a condescending review of the release, it is a unique record of an important cultural phenomenon. Here is the tracklist:

A1Lobby Talker — Candy Butcher

A2Chorus Line

A3Strip Tease: Maria Vee

A4Sketch: Old Judge Montfort Rides Again

A5Chorus Line

A6Strip Tease: Patti Waggin

B1Music For Strip Tease

B2Sketch: Aunt Martha's New Maid

B3Music For Strip Tease

B4Sketch: Women Haters' Club

B5Till Tomorrow, Same Time, Same Place

Hosted on Acast. See acast.com/privacy for more information.

Sharon Yadin on Regulatory Shaming

Wed, 12 Jun 2019 20:56:26 GMT

In this episode, Sharon Yadin, Associate Professor of Law at the Peres Academic Center School of Law and a member of the Israel Press Council, discuses her article, "Regulatory Shaming" in Environmental Law, and her two successive articles on regulatory shaming, "Saving Lives Through Shaming" in the Harvard Business Law Review Online and "Shaming Big Pharma" in the Yale Journal on Regulation Bulletin. Yadin begins by defining regulation and regulatory shaming, and details how regulatory agencies can use shaming techniques to enforce legal and social norms against corporations. She details how shaming techniques should be used and how they should be structured, noting the positives and negatives of regulatory shaming. And she concludes by discussing how policymakers, the public, and corporations should react to regulatory shaming. Yadin is on Twitter at @Sharon_Yadin.

Hosted on Acast. See acast.com/privacy for more information.

Akshaya Kamalnath on Indian Bankruptcy Law

Wed, 12 Jun 2019 03:03:49 GMT

In this episode, Akshaya Kamalnath, incoming Lecturer at the Auckland University of Technology School of Law, discusses her article, "Corporate Insolvency Resolution Law in India – A Proposal to Overcome the ‘Initiation Problem’" forthcoming in the University of Missouri-Kansas City Law Review. She begins by discussing the history of India's corporate insolvency law, explaining how the experience of the Sick Industrial Companies Act of 1985 and the collection of statutes that regulated insolvency of limited liability corporations led to a distrust in the Debtor in Possession Model for bankruptcy. She then outlines the new law regulating corporate insolvency, the Insolvency and Bankruptcy Code, which transformed restructuring into a creditor-focused model and created a new efficient structure of initiating the insolvency process. However, she explains that the creditor-focused model of the Insolvency and Bankruptcy Code has led to a reticence on the part of corporations to initiate the process prescribed in law, as company directors often lose control of corporations to creditors.

Kamalnath notes that this 'initiation problem' is due to the structure of many Indian companies, which are owned by family groups whose promoters that raised money during the corporation's establishment continue on to leadership positions within the organization. She notes that these promoters have few incentives to lose control of their companies, and are often part of larger groups that have great influence on the financial, governmental, and business sectors. As a solution to this problem, Kamalnath looks to the corporate law of Australia and the United States, finding that Australian corporate law has the alternate problem of excessive incentives for managers to enter the insolvency process. She finds a better model in American corporate law, proposing a "modified Revlon duty" upon managers to accept the highest offer for a company when soliciting bids in the pre-insolvency phase, regardless of organizational changes demanded by bidding firms. And she concludes that the Indian parliament has proven itself willing to amend gaps in corporate law, suggesting that future legislation could insert the "modified Revlon duty" into existing law regulating the duties of directors. Kamalnath is on Twitter at @Akamalnath.

Hosted on Acast. See acast.com/privacy for more information.

Marie-Amélie George on Trans Rights

Tue, 11 Jun 2019 22:50:08 GMT

In this episode, Marie-Amélie George, Assistant Professor of Law at Wake Forest University School of Law discusses her article Framing Trans Rights. George traces how campaigns for LGBT rights have changed over time and the ways in which strategies that have succeeded at the ballot box do not always capture the full diversity of the Trans community. Her paper is forthcoming in the Northwestern University Law Review. She explores what this means for protecting LGBT rights in an enduring and comprehensive way. George is on Twitter at @ProfMAGeorge.

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

Stephanie Barclay on Categories of Harm

Tue, 11 Jun 2019 19:08:48 GMT

In this episode, Stephanie Barclay, Associate Professor of Law at the Brigham Young University J. Reuben Clark Law School, discusses her article, "First Amendment Categories of Harm," which will be published in the Indiana Law Journal. Barclay begins by explaining how and why theories of harm can affect the legitimacy of government action. She describes how courts have historically thought about categories of harm in relation to religious liberties and exemptions, and identifies several different theories of harm that legal scholars have recently proposed in that context. She explains why those theories may produce undesirable outcomes, and provides a taxonomy of harms that reflects how courts have weighed competing harms in context. And she reflects on how that taxonomy can help clarify the normative values at stake and encourage compromise. Barclay is on Twitter at @shbarclay.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Ann Lipton on Stakeholder Disclosure Requirements

Tue, 11 Jun 2019 00:59:33 GMT

In this episode, Ann M. Lipton, the Michael Fleishman Associate Professor in Corporate Law & Entrepreneurship at Tulane University Law School discusses her article Not Everything Is About Investors: The Case For Mandatory Stakeholder Disclosure. Lipton makes the case for a stakeholder-focused disclosure system to bring information of public concern to the public. She explains how our investor-focused disclosure system under the securities laws is not well-suited to meet the public’s need for information. Lipton's scholarship is available on SSRN, and she is on Twitter at @AnnMLipton.

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

Cynthia Godsoe on Teen Sex Statutes

Mon, 10 Jun 2019 23:20:38 GMT

In this episode, Cynthia Godsoe, Associate Professor of Law at Brooklyn Law School, discusses her 2017 article "Recasting Vagueness: The Case of Teen Sex Statutes," which was published in the Washington and Lee Law Review. Prof. Godsoe begins by orienting the listener to the concept of “vaguenets,” broadly written laws punishing common and largely harmless conduct. She then discusses the history and structure of juvenile courts in the United States and how they establish a system parallel to the adult criminal justice system that is, arguably, even more punitive. Professor Godsoe then discusses how employment of the vagueness doctrine can not only limit “vaguenets” such as teen sex statutes, but also be used to institute wider criminal justice reform. She concludes by giving a preview of her next related project, examining vagueness in the context of the child welfare and dependency system, to be co-authored with Carissa Hessick. Professor Godsoe is on Twitter at @cynthia_godsoe.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Professor Romero is on Twitter at @maybellromero.

Hosted on Acast. See acast.com/privacy for more information.

Mala Chatterjee on the Role of Volition in Copyright

Wed, 29 May 2019 19:39:32 GMT

In this episode, Mala Chatterjee, a JD/PhD student in philosophy at New York University, fellow at the NYU Law School Engelberg Center for Innovation, Law, and Policy, and visiting fellow at the Yale Law School Information Society Project, discusses her article "Minds, Machines, and the Law: The Case of Volition in Copyright Law," which she co-authored with Jeanne Fromer of NYU Law, and which will be published in the Columbia Law Review. Chatterjee begins by explaining why mental states and the concept of volition matter in the law. She describes the role of volition in copyright law, and how the presence of absence of volition may affect the culpability of an action under copyright law. She outlines how philosophers of mind distinguish between conscious and functional mental states, and how thinking about mental states functionally may affect our understanding of how to treat the actions of machines under copyright law. And she reflects on how thinking about mental states and volition from a functional perspective may affect how we think about legal doctrine more generally. Chatterjee is on Twitter at @nirrvala.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Andy Grewal on the President's Tax Returns

Tue, 28 May 2019 21:29:30 GMT

In this episode, Andy Grewal, Professor of Law at the University of Iowa College of Law, discusses his article "The President's Tax Returns." Grewal begins by describing his scholarship on Congress's authority to review individual tax return, and his conclusion that Congress should be able to review tax returns only when it has a legitimate legislative purpose. He describes the efforts of House Democrats to obtain President Trump's tax returns, and evaluates their claims in relation to both their statutory authority and the legitimacy of their stated purposes. He reviews the history of disclosure of tax returns and the IRS's formal treatment of the President's tax return. He considers potential obstacles to forcing President Trump to release his tax returns. And he reflects on the appropriateness of legislative requests to review individual tax returns. Grewal is on Twitter at @AndyGrewal.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stephanie Plamondon Bair on Poverty and Intellectual Property

Tue, 28 May 2019 12:00:45 GMT

In this episode, Stephanie Plamondon Bair, Associate Professor of Law at the Brigham Young University J. Reuben Clark Law School, discusses her new article Impoverished IP. She argues that recent debates about using intellectual property systems, especially patent and copyright, as a means for economically empowering those in poverty miss an important mark. In her article, Professor Bair discusses findings from psychology and neuroscience about the cognitive burdens that poverty imposes on decision making and creativity. She concludes that these burdens are an underappreciated obstacle to meaningful participation in the creative process, and identifies policy interventions that more directly promote values of distributive justice. Professor Bair’s article is available on SSRN.

This episode was hosted by Saurabh Vishnubhakat, Associate Professor in the School of Law and Associate Professor in the Dwight Look College of Engineering at the Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.

Hosted on Acast. See acast.com/privacy for more information.

Heidi Matthews on Sexual Violence and International Criminal Law

Mon, 27 May 2019 23:33:02 GMT

In this episode, Heidi Matthews, Assistant Professor of Law and Co-Director of the Nathanson Centre on Transnational Human Rights, Crime and Security at Osgoode Hall Law School at York University, discusses her article "Redeeming Rape: Berlin 1945 and the Making of Modern International Criminal Law," which is a chapter in the book "The New Histories of International Criminal Law: Retrials," which was edited by Immi Tallgren and Thomas Skouderis, and is published by Oxford University Press. Matthews begins by describing the consensus feminist position on how international criminal law should conceptualize and punish sexual violence. She then contextualizes that position in relation to the jus in bello/jus ad bellum distinction, and explains why viewing wartime sexual violence as merely discrete wrongful acts is inadequate. She uses the sexual violence perpetrated against German women in the aftermath of WWII as a lens to conceptualize the relationship between wartime sexual violence and the prosecution of war. And she reflects on the ways in which jus in bello and jus ad bellum may inform one another. You can read her related article "As we remember VE Day, remember too the German women who were raped" here. Matthews is on Twitter at @Heidi_Matthews.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 83: The Murder Trial of William Palmer, Surgeon (1958)

Mon, 27 May 2019 19:33:30 GMT

William Palmer (1824-56) was an English doctor found guilty of murder in one of the most notorious cases of the 19th century. Palmer was also known as the "Prince of Poisoners," and was called "the greatest villain that ever stood in the Old Bailey" by Charles Dickens. In 1856, Palmer was convicted of murdering his friend John Cook by strychnine poisoning in 1855. He was also suspect of poisoning his brother, his mother-in-law, and four of his children. Palmer's trial was a great spectacle that was covered by all of the newspapers of the day. He was represented by Mr. Serjeant William Shee and prosecuted by Alexander Cockburn and John Walter Huddleston, before Judge John Campbell, 1st Baron Campbell. After his conviction, Palmer was executed by hanging on June 14, 1856 at Stafford Prison. Scholars dispute whether the evidence was sufficient to convict Palmer and whether the court's summation was prejudicial.

In 1958, Folkways Records released this dramatization of the trial as a 2xLP set. The trial transcript was edited and abridged by Bernard Rosenberg of the New York Bar. Rosenberg's script was adapted and directed by Wallace House, and performed by Eric House, Wendy Carter, Kenneth Buckridge, and Wallace House. Here is the tracklist:

The Prosecution

A1The Attorney General, Ishmael Fisher

A2Elizabeth Mills

A3William Henry Jones, Charles Newton

A4William Vernon Stevens, Dr. John Thomas Harland, Charles John Devonshire

B1John Boycott, John Myatt

B2Samuel Cheshire, Captain John Haines Hatton, George Bates

B3Thomas Blizzard Curling - Surgeon

B4Dr. Robert Todd, Sir Benjamin Brodie

B5Caroline Hockson, Francis Taylor - Surgeon

B6Dr. Alfred Taylor, Professor Robert Christison, Thomas Pratt - Solicitor, Thomas Smedon Strawbridge

The Defense

C1Defense Attorney

C2Thomas Nunneley - Surgeon

C3Dr. Francis Wrightson, Richard Partridge - Surgeon

C4Dr. George Robinson

C5George Myatt

The Summation

D1Attorney General

The Charge To The Jury

D2Lord Campbell

The Sentence

D3Lord Campbell

Hosted on Acast. See acast.com/privacy for more information.

Michael Nesbitt on Terrorism Prosecutions in Canada

Fri, 24 May 2019 17:40:21 GMT

In this episode, Michael Nesbitt, Assistant Professor of Law at the University of Calgary Faculty of Law, discusses his article "An Empirical Study of Terrorism Charges and Terrorism Trials in Canada between September 2001 and September 2018," which will be published by Criminal Law Quarterly. Nesbitt begins by describing how Canada first adopted terrorism offenses in the wake of September 11, based on laws adopted in other common law countries. He explains how he created a comprehensive dataset of all the terrorism offenses charged or tried in Canada, and describes the observations and conclusions he drew from that dataset. Among other things, he observes that it suggest that the RCMP tasked with anti-terrorism have focused on Islamist terrorism to the exclusion of white nationalist terrorism. Nesbitt is on Twitter at @MichaelJNesbitt.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Lawprofblawg on Hierarchies in the Legal Academy

Thu, 23 May 2019 21:27:16 GMT

In this episode, Lawprofblawg, an anonymous social media personality and law professor, discusses the article "Law Reviews, Citation Counts, and Twitter (Oh My!): Behind the Curtains of the Law Professor’s Search for Meaning," which was co-authored with Darren Bush and published in the Loyola University Chicago Law Journal. LPB begins by describing the symposium on legal scholarship in the age of social media for which this article was written. LPB continues by observing how the hierarchies of legal academy perpetuate privilege across a range of spectrums, including race, gender, and class. And LPB reflects on how we might be able to mitigate some of those hierarchies and promote a fairer and more egalitarian scholarly community. Lawprofblawg is on Twitter at @lawprofblawg.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Michael Steven Smith on Lawyers for the Left

Thu, 23 May 2019 17:01:38 GMT

In this episode, Michael Steven Smith, an attorney, former board member at the Center for Constitutional Rights, and the cohost of the nationally broadcast radio show "Law and Disorder," discusses his new book "Lawyers for the Left: In the Courts, In the Streets, and On the Air," which is published by OR Books. Smith's book profiles 23 lawyers associated with the political left, including: Charles Abourezk, Myron Beldock, Leonard Boudin, Haywood Burns, Bruce Wright, Ramsey Clark, Rhonda Copelon, Bill Goodman, Abdeen Jabara, Conrad Lynn, William Kunstler, Jim Lafferty, Holly Maguigan, Michael Ratner, Margaret Ratner Kunstler, Bill Schaap, Lynne Stewart, Jan Susler, Michael Tigar, Leonard Weinglass, Peter Weiss, Mel Wulf, Mara Verheyden-Hilliard, and Victor Rabinowitz. He begins by describing his own experiences and how they led to the creation of the book. He reflects on the different lawyers he profiled, and their role in the progressive movement. And he discusses the relationship between lawyering and socialism.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Steven Lubet on Ethnography and Evidence

Wed, 22 May 2019 16:42:28 GMT

In this episode, Steven Lubet, Edna B. and Ednyfed H. Williams Memorial Professor of Law and Director of the Fred Bartlit Center for Trial Advocacy at Northwestern University Pritzker School of Law, discusses his book "Interrogating Ethnography: Why Evidence Matters," which is published by Oxford University Press. Lubet begins by describing ethnography and ethnographic research practices. He explains why he became concerned about the factual accuracy of some of the claims made by ethnographers, and how ethnographic research practices contributed to his concerns. He describes how he investigated claims made in a range of different ethnographic works, and uses evidentiary practices from litigation as a metaphor for how ethnographers could more effectively evaluate the factual accuracy of the evidence they gather. He points to several simple practices, like fact-checking witness accounts, that would increase accuracy. He closes by reflecting on the reception of his book by ethnographers. Lubet blogs at The Faculty Lounge and his scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Cathy Hwang on Corporate Mergers as Dating

Tue, 21 May 2019 23:23:15 GMT

In this episode, Cathy Hwang, Associate Professor of Law at the University of Utah College of Law, discusses her new article Faux Contracts, forthcoming in the Virginia Law Review. Professor Hwang explains how term sheets function differently than other kinds of contracts. She explains how the corporate merger and acquisition process resembles dating and how important it is for people to build relationships of trust. Hwang is on Twitter at @CathyHwang47

This episode was hosted by Benjamin Edwards, Associate Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law. Edwards is on Twitter at @benpedwards.

Hosted on Acast. See acast.com/privacy for more information.

Michalyn Steele on Indigenous Resilience

Tue, 21 May 2019 22:41:19 GMT

In this episode, Michalyn Steele, Professor of Law at the J. Reuben Clark Law School at Brigham Young University, discusses her new article “Indigenous Resilience,” forthcoming in the Arizona Law Review. Prof. Steele begins the discussion with a discussion of resilience theory and an explanation of how resilience differs from robustness or endurance. She then take the listener through a history of indigenous resilience in the face of often destructive Federal Indian policy from the treaty era to the self-determination era. She closes by discussing principals of resilience central to the nations of Haudenosaunee Confederacy and what everyone can learn from those principles in addressing urgent problems such as climate change, crises in governance, and determining how to best care for the vulnerable.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @maybellromero.

Hosted on Acast. See acast.com/privacy for more information.

Jessica Silbey on the Photocopier

Tue, 21 May 2019 19:54:17 GMT

In this episode, Jessica M. Silbey, Professor of Law and Co-Director, Center for Law, Innovation and Creativity at Northeastern University School of Law, discusses her essay "Photocopier," which will be included in the book "A History of Intellectual Property in 50 Objects," edited by Claudy Op Den Kamp and Dan Hunter, and published by Cambridge University Press. Silbey begins by describing the book project and explaining how she got involved in it. She then recounts the history of the invention of the photocopier, and the different people and companies involved in its creation. She reflects on the social impact of the photocopier, and its ironic relationship to intellectual property. And she closes by discussing how this essay relates to her other scholarship, especially her work on communities of photographers. Silbey is on Twitter at @JSilbey.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Wasserman Rajec on the Property Law Misfit in Patent Law

Tue, 21 May 2019 12:00:04 GMT

In this episode, Sarah Wasserman Rajec, Associate Professor of Law at the College of William & Mary Marshall-Wythe School of Law, discusses her new article The Property Law Misfit in Patent Law. She argues that in various circumstances, the animating principles of patent law are best served by departing from otherwise frequent reliance on property law analogies. In her article, Professor Rajec engages with a growing literature that revisits patent law’s place within property law. Using recent Supreme Court patent decisions that range in subject matter from remedies to commercial law to administrative adjudication, she concludes that property law is a useful starting point in patent law questions, but that the eventual answers often lie elsewhere. Professor Rajec’s article is forthcoming in the Cardozo Law Review. She is on Twitter at @SarahRajec.

Hosted on Acast. See acast.com/privacy for more information.

Cortney Lollar on Criminal Equity

Mon, 20 May 2019 20:29:16 GMT

In this episode, Cortney E. Lollar, James and Mary Lassiter Associate Professor of Law at the University of Kentucky College of Law, discusses her article "Reviving Criminal Equity," which will be published in the Alabama Law Review. Lollar begin by describing what equity is and how it historically intersected with and moderated the common law. She explains equity's original role in criminal law, and why that role gradually diminished. She observes that conventional wisdom holds that equity no longer has a place in criminal law, but that judges nevertheless do apply equitable principles in some criminal law contexts. She explains how equity can improve the administration of the criminal law, and argues that we should encourage judges to apply equitable principle in criminal cases, when appropriate. Lollar is on Twitter at @ProfLollar.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 82: Law: You, the Police, and Justice (1968)

Mon, 20 May 2019 02:01:10 GMT

Scholastic Records published this LP titled "Law: You, the Police, and Justice" in 1968. It consists of documentary recordings of the interactions of juveniles with the police and the criminal justice system, along with an explanatory narration and interviews with police and judges. Among other things, it features a legal aid attorney interviewing a 15-year-old girl who was arrested for looting, and the trial of a 17-year-old boy who was arrested for shoplifting.

The LP was produced, recorded, and edited by Myles Jackson, and executive produced by Robert Mack and Sheila Turner. Here is the tracklist:

A1General Introduction

A2Students Talk About The Police

A3One Policeman's Opinion

A4Problems The Police Face

A5Girl In Jail

B1Trial

B2Why Angel Didn't Run

B3The Judge Explains

Hosted on Acast. See acast.com/privacy for more information.

Anthony Kreis on Defensive Glass Ceilings

Wed, 15 May 2019 02:26:57 GMT

In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, Institute for Law and the Workplace, discusses his scholarship on sex-based quarantine rules and other structural barriers that limit women's employment opportunities. He argues that these "defensive glass ceilings" should be prohibited practices under existing employment anti-discrimination laws. Kreis describes how the #MeToo Movement has caused some men to continue or reinvigorate workplace sex-based inequities by, for example, following the Graham-Pence Rule and avoiding women in the workplace to hedge against allegations of wrongdoing or the appearance of impropriety. Kreis' article, Defensive Glass Ceilings, is forthcoming in the George Washington Law Review and is available on SSRN. Kreis is on Twitter at @AnthonyMKreis.

This episode was hosted by Matthew A. Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

Hosted on Acast. See acast.com/privacy for more information.

Victoria Schwartz on Celebrity Stock Markets

Tue, 14 May 2019 22:40:41 GMT

In this episode, Victoria L. Schwartz, Associate Dean for Academic Affairs and Associate Professor of Law at Pepperdine University School of Law, discusses her article "The Celebrity Stock Market," which was published in the UC Davis Law Review. Schwartz observes that many potential celebrities, including entertainers and athletes, lack the capital to invest efficiently in their careers, and that transaction costs prevent efficient private investment. Accordingly, she proposes liberalizing and expanding "human equity" investment. She discusses related proposals in relation to education, and observes that human equity investment in celebrities makes more sense, because of the lack of public investment. She observes that a "celebrity stock market" could facilitate more efficient investment, and that potential problems seem less serious than the existing alternatives. Schwartz is on Twitter at @ProfVSchwartz.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Joshua Wright on the Antitrust Consensus and Its Discontents

Tue, 14 May 2019 02:47:18 GMT

In this episode, Joshua D. Wright, University Professor of Law and Executive Director of the Global Antitrust Institute at George Mason University Antonin Scalia Law School, discusses his article "Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust," which he co-authored with Elyse Dorsey, Jan Rybnicek, and Jonathan Klick, and which will be published in the Arizona State Law Journal. Wright begins by describing the prevailing position on the goals of antitrust policy that developed in the late 1970s, and its focus on the consumer welfare standard as the basis for determining when antitrust intervention is justified. He explains how and why this approach became the dominant approach to antitrust policy, and why he thinks it improved antitrust enforcement. He then describes recent criticisms of the prevailing approach, focusing on those presented by the "hipster antitrust" movement, a collection of antitrust scholars that also refer to themselves as "new Brandeisian" or "New Progressive Antitrust." He describes the different kinds of criticisms they offer, and argues that some are more compelling than others. Wright is on Twitter at @ProfWrightGMU.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 81: I Have A Dream: The Rev. Dr. Martin Luther King, Jr. 1929-1968 (1968)

Sun, 12 May 2019 01:02:00 GMT

This LP is titled "I Have A Dream: The Rev. Dr. Martin Luther King, Jr. 1929-1968." It consists of 7 speeches delivered at the March on Washington, August 28, 1963, beginning with Martin Luther King, Jr.'s iconic "I Have a Dream" speech. It was published by 20th Century Fox Records in 1968, shortly after King's assassination. The liner notes were written by Nat Hentoff. Here is the tracklist:

A1The Rev. Dr. Martin Luther King, Jr.

A2A. Phillip Randolph

A3Dr. Benjamin E. Mays

B1A. Phillip Randolph

B2John Lewis

B3Whitney M. Young, Jr.

B4Roy Wilkins

Hosted on Acast. See acast.com/privacy for more information.

Deborah Gerhardt and Jon McClanahan Lee on Owning Colors

Thu, 09 May 2019 22:45:48 GMT

In this episode, Deborah R. Gerhardt, Associate Professor of Law at the University of North Carolina School of Law and Jon McClanahan Lee,

Professor of Practice at the University of Minnesota Law School, discuss their article "Owning Colors," which will be published in the Cardozo Law Review. They begin by explaining that people can own exclusive rights to use particular colors in many different contexts, especially under trademark law. They describe the academic literature on how consumers perceive colors, as well as their own empirical study of consumer protections. Then they describe how the courts and the Trademark Office have conceptualized when trademark can protect colors, focusing on the role of functionality and secondary meaning, as well as their empirical study of color mark registrations. They argue that the Trademark Office registers only a limited number of color marks, and seems to be doing a good job in weeding out weak color marks. Gerhardt is on Twitter at @DebRGerhardt and her scholarship is available on SSRN. Lee's scholarship is also available on SSRN.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

James Steiner-Dillon on Epistemic Pluralism

Wed, 08 May 2019 23:18:37 GMT

In this episode, James Steiner-Dillon, Assistant Professor of Law at the University of Dayton School of Law, discusses his article "Sticking Points: Epistemic Pluralism in Legal Challenges to Mandatory Vaccination Policies," which will be published in the University of Cincinnati Law Review. Steiner-Dillon begins by explaining the meaning of the term "epistemology." He then briefly explains John Rawls's theory of political liberalism and the role of "normative pluralism" in that theory. He distinguishes between normative pluralism and "epistemic pluralism," or disagreement about facts, and argues that the two do not necessarily coincide. And he uses the debate over vaccination to illustrate when policymakers should ignore factual beliefs that are objectively unreasonable. Steiner-Dillon is on Twitter at @JSteinerDillon.

Hosted on Acast. See acast.com/privacy for more information.

Miriam Baer on Sorting Criminal Law

Tue, 07 May 2019 19:55:32 GMT

In this episode, Miriam Baer, Professor of Law at Brooklyn Law School, discusses her articles "Sorting Out White-Collar Crime," which was published in the Texas Law Review and "Insider Trading's Legality Problem," which was published in the Yale Law Journal Forum. Baer begins by explaining that state criminal law statues typically "sort" crimes into different degrees of severity, but federal criminal law does not, instead relying on sentencing guidelines to modulate punishment. She argues that the lack of sorting in federal criminal law makes it difficult to gather information about the severity of federal crimes and to express social judgments about those crimes, which is especially a problem in relation to white-collar crimes like fraud and insider trading. She argues that federal criminal law should adopt sorting principles similar to those used in state criminal law.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Doriane Lambelet Coleman on Sex in Sport

Tue, 07 May 2019 01:59:49 GMT

In this episode, Doriane Lambelet Coleman, Professor of Law at Duke Law School, discusses her article "Sex in Sport," which was published in a special issue of Law and Contemporary Problems devoted to the subject of sex in sport. Coleman begins by discussing the differences between sex and gender and why the distinction is relevant in the elite sports space. She goes on to detail the rationale for the women’s category in elite sport, why it’s necessary for eligibility standards to be based in sex-specific biological traits rather than in how a person identifies, and the role testosterone plays in this context. She concludes with some thoughts about alternative policy choices sport could make, including about how events are designed, so that eligibility standards wouldn’t need to be based on sex or gender; and about different approaches to eligibility for education-based (as opposed to elite) sport. Coleman's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Meredith Rose on Licensing Streaming Music

Fri, 03 May 2019 18:44:09 GMT

In this episode, Meredith Rose, Policy Counsel at Public Knowledge, discusses her work on the licensing regime for streaming music over the internet. She begins by explaining how copyright in music works and who owns the different copyright interests in a typical song. She describes how and why licensing music for internet streaming differs from licensing music for broadcast radio. She identifies transaction costs associated with licensing music for internet streaming, and the role of the Copyright Royalty Board in potentially mitigating those costs. And she closes by reflecting on what the next big disputes in music licensing might be. Rose is on Twitter at @M_F_Rose.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 80: Donald L. Jackson, Will the Real Lyndon Johnson Please Stand Up? (~1964)

Fri, 03 May 2019 16:06:27 GMT

In about 1964, Donald Lester Jackson (1910-81) recorded an LP titled "Will the Real Lyndon Johnson Please Stand Up?" for Key Records. Jackson was a former member of the United States House of Representative from California, who was first elected in 1946. Jackson was a member of the House Un-American Activities Committee, appointed to replace Richard Nixon, when he was elected to the Senate. Among other things, Jackson accused Methodist Bishop G. Bromley Oxnam of being a communist. Jackson declined to run for re-election in 1960, ostensibly to protest the policies of then-Senate Majority Leader Lyndon Baines Johnson and the Democratic party. He worked as a radio and television commentator from 1960 to 1968, and in 1969, President Nixon appointed him to the Interstate Commerce Commission.

Key Records was a Los Angeles, California based record label, owned by Vick Knight, and loosely associated with the John Birch Society. Knight founded the label in about 1955, and initially released kitschy music with a light political theme. But it soon shifted to spoken-word records on political themes, typically anti-communist, anti-drug, anti-tax, and anti-civil rights. Among other things, Key released LPs of key right-wing political figures like Robert Welch, the founder of the John Birch Society, and Ronald Reagan.

Jackson's LP reflected the typical Key Records message, with a particular focus on LBJ as the embodiment of all that ailed America. The record was endorsed by the actor Randolph Scott, best known for his rugged persona in many popular Westerns.

Hosted on Acast. See acast.com/privacy for more information.

Whitney Strub on the Philology of Pornography

Fri, 03 May 2019 03:16:41 GMT

In this episode, Whitney Strub, Associate Professor of History and Director of Women's and Gender Studies at Rutgers University Newark, discusses his article "Sanitizing the Seventies: Pornography, Home Video, and the Editing of Sexual Memory," which was published in Feminist Media Histories. Strub begins by describing the media ecology of pornography during the 1970s and 80s, and how media migration and changes in distribution enabled the Bowdlerization of pornographic movies. He identifies some of the kinds of sexual practices that were erased, and the social pressures that caused their erasure. And he explains how that erasure obscures our understanding of sexual practices and desires. Strub's scholarship is available here.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Camilla Hrdy on Trade Secrets and Their Discontents

Thu, 02 May 2019 19:32:00 GMT

In this episode, Camilla Hrdy, Associate Professor of Law at the University of Akron School of Law, discusses her article "The General Knowledge, Skill, and Experience Paradox," which will be published in the Boston College Law Review. Hrdy begins by explaining what a trade secret is and when trade secrets are protected and can be enforced. Then she discusses exceptions to trade secret protection, especially the "general knowledge, skill, and experience" exception. She explains how it differs from the "generally known" exclusion, and why it is important to understand those differences. And she reflects on how the exception can help us better understand the purpose and structure of trade secret law. Hrdy is on Twitter at @CamillaHrdy.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Josh Bolick on One Weird Trick You Can Use to Avoid Publication Embargoes

Wed, 01 May 2019 20:44:53 GMT

In this episode, Josh Bolick, Scholarly Communication Librarian in the University of Kansas Shulenburger Office of Scholarly Communication & Copyright, discusses his article "Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargo," which was published in the Journal of Copyright in Education and Librarianship. Bolick begins by explaining how academic publishing works in most academic disciplines, other than law. In a nutshell, scholars do all the work and academic publishers make all the money, while also locking up scholarship from public access. Among other things, academic publishers put long embargoes on the distribution of the articles they publish. Bolick observes that one major academic published, Elsevier, recently adopted a Creative Common license requirement for its authors, and argues that the license actually enables authors to avoid the embargo. He closes by reflecting on how open access publishing is likely to develop in the future of academic publishing. Bolick is on Twitter at @JoshBolick.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Camden Hutchison on the History of Canadian Corporate Law

Wed, 01 May 2019 17:15:27 GMT

In this episode, Camden Hutchison, Assistant Professor of Law at the University of British Columbia Peter A. Allard School of Law, discusses his articles "Corporate Law Federalism in Historical Context: Comparing Canada and the United States," which will be published in the McGill Law Journal, and "The Patriation of Canadian Corporate Law," which will be published in the University of Toronto Law Journal. Hutchison begins by describing the similarities and differences between United States and Canadian corporate law. He then describes how both bodies of law reached a similar place via very different paths, focusing on how Canadian corporate law developed in relation to different incentives than United States law. He also discusses his empirical study of the influence of foreign courts on Canadian judicial decisions, including the surprising finding that United States law has had relatively little influence, even though modern Canadian corporations law is based primarily on United States law. Hutchison is on Twitter at @CamdenHutchison.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Stephen Sachs on Finding Law

Tue, 30 Apr 2019 20:42:25 GMT

In this episode, Stephen E. Sachs, Professor of Law at Duke University School of Law, discusses his article "Finding Law," which was just published in the California Law Review. Sachs begins by explaining the conceptual difference between "making" and "finding" law, and why his argument that it is possible for judges to find law is controversial. He describes the legal realist argument that judges only make law, and how it found early expression in the Erie v. Tompkins case. He observes that we "find" norms all of the time, and argues that judges can and do "find" law in just the same way. And he explains how iconic examples to the contrary, including Erie, actually require law-finding as well. Sachs is on Twitter at @StephenESachs.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Orly Lobel on Mattel v. MGA and Innovation Policy

Mon, 29 Apr 2019 22:27:03 GMT

In this episode, Orly Lobel, Don Weckstein Professor of Labor and Employment Law at the University of San Diego School of Law, discusses her book "You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side," which is published by W.W. Norton & Company. Lobel begins by explaining the background of Mattel v. MGA, which pitted the maker of the iconic Barbie doll against the maker of the upstart Bratz dolls. She describes how the enigmatic Mattel designer Carter Bryant came up with the Bratz concept and took it to MGA, which turned it into a blockbuster success, the first series of dolls to challenge Barbie's market dominance. She discusses on how Mattel tried to use contract and copyright law to wrest Bratz away from MGA, and the epic legal battle that follows. And she reflects on how the case should inform our understanding of innovation and competition policy. Lobel is on Twitter at @OrlyLobel.

Hosted on Acast. See acast.com/privacy for more information.

David Simon on Moral Rights Analogies

Mon, 29 Apr 2019 21:17:35 GMT

In this episode, David A. Simon, Project Researcher at the Hanken School of Economics and Visiting Assistant Professor at the University of Kansas School of Law, discusses his article "Analogies in IP: Moral Rights," which will be published in the Yale Journal of Law and Technology. Simon begins by explaining what "moral rights" are in copyright law, and how they differ from the traditional economic justifications for copyright protection. He then explains the different ways in which we use analogical reasoning in the law, primarily for the purpose of prediction and illustration. He identifies the analogies commonly used to illustrate moral rights and asks whether they are helpful or misleading. And he argues that moral rights analogies are used primarily for rhetorical purposes, rather than explanation. Simon is on Twitter at @David_Simon.

Hosted on Acast. See acast.com/privacy for more information.

Amy Werbel on Anthony Comstock and Obscenity Law

Wed, 24 Apr 2019 17:09:30 GMT

In this episode, Amy Werbel, Associate Professor of Art History at the Fashion Institute of Technology, discusses her recent book "Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock," which is published by Columbia University Press. Werbel begins by explaining who Anthony Comstock was and why he played such an important role in creating and enforcing obscenity law in the Gilded Age United States. She describes how social and technological change prompted demands for more and stronger obscenity laws, which Comstock came to exemplify. And she discusses how his rigid enforcement of his highly personal and idiosyncratic standards for obscenity soon brought him out of step with both his patrons and a changing society. Werbel is on Twitter at @awerbel.

Hosted on Acast. See acast.com/privacy for more information.

Shoshana Weissmann on Occupational Licensing

Mon, 22 Apr 2019 18:43:24 GMT

In this episode, Shoshana Weissmann, Digital Media Manager and Fellow at the R Street Institute, discusses her work on occupational licensing reform. She explains what occupational licensing is, when it is legitimate, and when it isn't. She observes that occupational licensing often prevents people from engaging in productive economic activity for no good reason. She discusses different areas in which occupational licensing has made it harder for people to legitimate and valuable services. And she reflects on efforts to reform occupational licensing. Weissmann is on Twitter at @senatorshoshana.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 79: Justice Holmes' Decisions (1981)

Sun, 21 Apr 2019 22:37:19 GMT

In 1981, Caedmon released this LP of Justice Oliver Wendell Holmes's opinions, as read by E.G. Marshall, with commentary by Louis Nizer. The script was edited by William R. Van Gemert. The album was directed by Linda Morgenstern and produced by Daniel A. Wolfert.

The album ends with an audio recording of Justice Holmes, made on the occasion of his 90th birthday, for a special radio program.

Here is the tracklist:

A1Commonwealth V. Perry (1889) 139 Mass. 198 (public Nuisance, Piggery)3:15

A2Vegelahn V. Guntner (1896) 167 Mass. 92 (right Of Peaceful Picketing)9:56

A3Lochner V. New York (1905) 198 U.S. 45 ( Social Legislation In Ny Re Hours Of Work For Bakery Workers )5:49

A4Hammer V. Dagenhart (1918) 247 U.S. 251 (Child Labor Case)7:42

B1Abrams V. U.S. (1919) 250 U.S. 616 (freedom Of Speech)5:32

B2Missouri V. Holland (1920) 252 U.S. 416 ( Regulation Of Wildlife)8:42

B3Olmstead V. U.S. (1928) 177 U.S. 438 ((Wire-tapping)4:15

B4U.S. V. Schwimmer (199) 279 U.S. 644 ( Denial Of Citizenship)5:31

B5Justice Holmes delivers his 90th birthday speech ( in response to high praise given by many prominent figures during special radio program)1:23

Hosted on Acast. See acast.com/privacy for more information.

Jessica Clarke on Nonbinary Gender Identity

Sat, 20 Apr 2019 22:49:28 GMT

In this episode, Jessica Clarke, Professor of Law at Vanderbilt University Law School, discusses her article, "They, Them, and Theirs," which was published in the Harvard Law Review. Clarke begins by defining nonbinary gender identity and describing how nonbinary identity fits into modern civil rights doctrines. She details how nonbinary legal rights advocacy intersects with transgender and feminist legal arguments. She explains how a contextual, case-by-case approach can address many of the concerns regarding legal recognition of nonbinary identities, and goes over various regulatory schemes for nonbinary gender rights and their shortcomings. Clarke concludes by discussing a recent case involving a nonbinary intersex plaintiff and their lawsuit regarding gender markers on passports issued by the State Department, Zzyym v. Pompeo. Clarke is on Twitter at @clarkeja.

This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

Hosted on Acast. See acast.com/privacy for more information.

Bruce Boyden on the Melodramatic Origins of the Ordinary Observer

Sat, 20 Apr 2019 00:30:13 GMT

In this episode, Bruce Boyden, Associate Professor of Law at Marquette University Law School, discusses his article "Daly v. Palmer, or the Melodramatic Origins of the Ordinary Observer," which was published in the Syracuse Law Review. Boyden's article was part of the "Forgotten Intellectual Property" symposium sponsored by Syracuse Law School. He observes that the Daly v. Palmer case provided the standard for copyright law's "ordinary observer" test for infringement for quite some time, until it was supplanted by Arnstein v. Porter. He argues that understanding Daly v. Palmer in historical context can help us better understand the development of copyright doctrine. Boyden is on Twitter at @BruceBoyden.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 78: Foster Sylvers, Misdemeanor (1973)

Fri, 19 Apr 2019 00:15:42 GMT

Foster Emerson Sylvers (1962-) is an American singer-songwriter. He is best known for his hit single "Misdemeanor," which was written by his brother Leon Sylvers III, and which reached #7 on Billboard's R&B charts. He has recorded 5 albums, none of which achieved the success of his debut.

In 1994, Sylvers was convicted of a sex offense and incarcerated. He is currently a registered person.

Here are the lyrics of Misdemeanor:

Love tracks, setbacks

All can come back

Pick up on the fact

Take it in stride

Love and devotion

Don't confide

It's the tracks of lost emotion

Let it glide

It's gonna subside

She stole my heart

Loved her from the start

Whatcha gonna do

When I think I'm in love

And I catch my girl doin' me wrong

Too bad

It's just enough

To slip back in the start

Like when you get your first ticket

For illegal parking

But don't you know

It's no big deal

Take it slow

She's not for real

Let it go

Fine you know

Until she stole my heart

She stole his heart

But it's just a misdemeanor

You gotta get-a over it

Oh, he loved her from the start

Love tracks, setbacks

All can come back

Pick up on the fact

Take it in stride

Love and devotion

Don't confide

It's the tracks of lost emotion

Let it glide

It's gonna subside

She stole my heart

Oh, she stole his heart

But it's just a misdemeanor

You gotta get-a over it

Oh, he loved her from the start

Whatcha gonna do

When I get to the goal

And my friends aren't tellin' me

When I'm playin' the fool

Oh, he loved her from the start

You gotta get over it

Love tracks, set backs

All can come back

Oh, she stole his heart

Hosted on Acast. See acast.com/privacy for more information.

Claudia Haupt on Professional Speech

Thu, 18 Apr 2019 23:59:41 GMT

In this episode, Claudia Haupt, Associate Professor of Law and Political Science at Northeastern University, discusses her article, "Professional Speech," in the Yale Law Journal and her two successive articles, "Professional Speech and the Content-Neutrality Trap" and "The Limits of Professional Speech" published in the Yale Law Journal Forum. Haupt begins by stating the contours of professional speech as the dissemination of the common knowledge of a knowledge community in the learned professions. She discusses the role of professionals in an asymmetrical professional-client relationship within the protections of the First Amendment, within their role as contributor to a well-informed democratic polity, and within the regulatory environment established by states. She discusses recent circuit and Supreme Court decisions on professional speech in regards to sexual orientation change efforts (SOCE), crisis pregnancy centers, and restraints established by states to regulate professional speech, laying out the details of each case and discussing when the "First Amendment sword" should be used to protect professional speech. Haupt concludes by providing her insights as to how the framework of professional speech she advances should be taken by regulators, courts, and the general public. Haupt is on Twitter at @CEHaupt.

Hosted on Acast. See acast.com/privacy for more information.

Joanna Schwartz on Qualified Immunity

Thu, 18 Apr 2019 23:36:58 GMT

In this episode, Joanna Schwartz, Vice Dean for Faculty Development and Professor of Law at the University of California, Los Angeles School of Law, discusses her article, "The Case Against Qualified Immunity," which was published in the Notre Dame Law Review. Schwartz begins by sketching a historical timeline of the idea of qualified immunity doctrine, from common law understandings of "good faith" extant in 1871 on the doctrine's introduction in Pierson v. Ray (1967) to further developments in the doctrine that has strayed from common law moorings toward a conception centered in the Supreme Court's policy ends. She explains that qualified immunity doctrine largely fails to complete its own policy ends, drawing from qualitative and quantitative research she conducted on law enforcement agencies and attorneys bringing constitutional civil rights litigation before federal courts, finding that qualified immunity doctrine's stated justifications fail to match real-world conditions. She details what circuit courts can do to better shape the ambiguous contours of qualified immunity doctrine, and what the Supreme Court can do to shape or eliminate qualified immunity doctrine. Schwartz concludes by discussing a recent amici curiae brief she and other scholars of the law of qualified immunity (William Baude, Karen M. Blum, Alan Chen, Barry Friedman, John F. Preis, and Fred O. Smith Jr.) submitted to the Supreme Court calling on the court to reconsider qualified immunity doctrine. Schwartz is on Twitter at @JCSchwartzProf.

Hosted on Acast. See acast.com/privacy for more information.

Jorge Roig on Lottocracy

Thu, 18 Apr 2019 22:49:09 GMT

In this episode, Jorge Roig, Associate Professor of Law and Director of Neighborhood Programs at Touro College Jacob D. Fuchsberg Law Center, discusses his article "A Quantum Congress," which was published in the Chicago-Kent Law Review. Roig begins by observing that democratic governance is failing: there is an irreconcilable tension between representative government and free speech, at least in our current system. But he proposes an alternative: lottocracy, in which representatives are selected randomly, rather than by voting. He explains why lottocracy will make corruption impossible and make government more representative. Roig is on Twitter at @ProfRoig.

Hosted on Acast. See acast.com/privacy for more information.

Zachary Kramer on Individualizing Civil Rights

Thu, 18 Apr 2019 02:13:04 GMT

In this episode, Zachary Kramer, Associate Dean of Faculty and Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, discusses his new book "Outsiders: Why Difference is the Future of Civil Rights," which is published by Oxford University Press. Kramer begins by explaining the traditional structure of statutory civil rights law and how it conceptualizes discrimination. He explains how the traditional structure struggles to recognize and rectify forms of discrimination that have an individualized component. And he argues that civil rights law should be more attentive to individual difference, not just group membership. In Kramer's view, civil rights laws can encourage communication and help people reach mutually beneficial outcomes. Kramer is on Twitter at @zachary_kramer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law.

Hosted on Acast. See acast.com/privacy for more information.

Mike Fix on State Court Compliance with Supreme Court Precedent

Wed, 17 Apr 2019 00:50:52 GMT

In this episode, Dr. Michael P. Fix, Associate Professor of Political Science at Georgia State University, discusses his article "The Complexities of State Court Compliance with U.S. Supreme Court Precedent," which he co-authored with Justin T. Kingsland and Matthew D. Montgomery, and published in the Justice System Journal. Fix begins by describing his empirical research on when and why state supreme courts actually comply with United States Supreme Court opinions. He identifies the different variables he studied and why. He introduces the concept of "precedent vitality," and explains why it should be applied to State Supreme Courts, as well as the United States Supreme Court. He explains how he used the Supreme Court case Miller v. California to test his hypotheses. And he discusses how he plans to further pursue this research in future articles. Fix is on Twitter at @mpfix1.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Hook on Fair Dealing and the Concept of Parody

Tue, 16 Apr 2019 00:17:28 GMT

In this episode, Dr. Sarah Hook, a lecturer at Western Sydney University School of Law, discusses her article "Dealing fairly with parody : how literary theory can inform legal definitions," which was published by the Australian Intellectual Property Journal. Hook begins by describing the concept of "fair dealing" under Australian copyright law and how it differs from the concept of "fair use" under United States copyright law. She explains the recent origin of "parody" as a category of fair dealing, and the current uncertainty about the meaning of parody under Australian law. She observes that literary theory offers sophisticated and helpful definitions of parody, and argues that Australian courts should look to those scholarly definitions in developing the legal concept of parody. Hook is on Twitter at @DrSarahHook.

Hosted on Acast. See acast.com/privacy for more information.

Duncan Hollis on Diplomatic Speech in Cyberspace

Wed, 10 Apr 2019 23:13:43 GMT

In this episode, Duncan Hollis, Professor of Law at Temple University Beasley School of Law, non-resident scholar at the Carnegie Endowment for International Peace, and member of the Organization of American States Inter-American Juridical Committee, discusses his forthcoming article "Beyond Naming and Shaming: Accusations and International Law in Cybersecurity," co-authored with Martha Finnemore, University Professor of Political Science and International Affairs at George Washington University. Hollis begins by stating the limitations of the concept of naming and shaming on international activities in cyberspace, and advocates for the concept of accusations in the international law and international relations literature. He explains the concept of accusations in context to state and non-state cyberactivities, bringing in historical examples from North Korean hacking activities, the non-proliferation effort of American actors on Iranian nuclear enrichment facilities in Operation Olympic Games, and the Chinese hacking of the Office for Personnel Management. He offers explanations for state and non-state use of international law and international norms to incentivize and disincentivize activities in cyberspace. He concludes by providing his insights and recommendations for scholars, states, and non-state actors in the international cyber environment. Hollis is on Twitter at @DuncanHollis.

Hosted on Acast. See acast.com/privacy for more information.

Joshua Fershee on the End of Director Primacy

Wed, 10 Apr 2019 22:53:21 GMT

In this episode, Joshua Fershee, Professor of Law at the West Virginia University College of Law and Head of the Economic and Community Development Group in the West Virginia University Center for Innovation in Gas Research and Utilization, discusses his article "The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy," which was published in Transactions: The Tennessee Journal of Business Law. Fershee begins by observing the expansion of social enterprise enabling statutes and the decline of director primacy under law. He explains that these create perverse incentives to prioritize short-term financial gains for stockholders as the only function of the for-profit corporate form, rather than allow corporate directors to make the best long-term decisions from a variety of factors. He also reflects that these incentives would lead to unsustainable business practices and distort the normal market performance of corporations. He concludes by providing his insights and recommendations to address this concerning trend. Fershee is on Twitter at @jfershee.

Hosted on Acast. See acast.com/privacy for more information.

The Day Antitrust Died?: Episode 2, Daniel Crane

Wed, 10 Apr 2019 15:29:31 GMT

On March 2, 1974, a group of antitrust scholars met at the Airlie House in Warrenton, Virginia, and changed the consensus position on United States antitrust policy. "The Day Antitrust Died?" is a special feature of the Ipse Dixit podcast, hosted by Ramsi Woodcock and Brian L. Frye, examining that historical moment. In this episode, we interview Daniel Crane, Frederick Paul Furth Sr. Professor of Law at the University of Michigan Law School. Crane reflects on the impact of the Airlie House conference and how it affects current discussions of antitrust policy.

Hosted on Acast. See acast.com/privacy for more information.

Ryan Mosley on Social Security Hearings

Sun, 07 Apr 2019 20:05:55 GMT

In this interview, Ryan Mosley, an associate at Pillersdorf, DeRossett & Lane, provides an introduction to Social Security administrative hearings. He begins by describing the different kinds of relief available from the the Social Security Administration and what qualifications are required for each. Then he describes the process of a Social Security hearing, what an applicant will have to prove in order to obtain relief, and how applicant can maximize their odds of success. He describes the role of the different participants in the hearing including the advocate, the administrative law judge, and the vocational expert. And he explains how the "GRID" rules affect the outcome of a Social Security hearing.

Hosted on Acast. See acast.com/privacy for more information.

Betsy Rosenblatt on Fair Use as Resistance

Thu, 04 Apr 2019 03:56:07 GMT

In this episode, Elizabeth L. Rosenblatt, Visiting Professor of Law at UC Davis School of Law, discusses her article "Fair Use as Resistance," which was published in the UC Irvine Law Review. Rosenblatt begins by describing the relationship between copyright and fair use, and how copyright creates a hierarchy of producer/deriver/user. Then she explains how literary theory upends that hierarchy, by describing producers, derivers, and users as all part of a continuum, in which each becomes the other. She then introduces Bakhtin's perspective on dialogic speech, and how it informs that relationship. In particular, she focuses on his concept of the "carnivalesque," in which hierarchies are temporarily overturned, but their authority is affirmed, by their own control of the way in which they are overturned. She compares the carnivalesque to fair use, which permits disruption of copyright rules, but contains that disruption by defining what is permitted and what is not. Rosenblatt is on Twitter at @221Betsy.

Hosted on Acast. See acast.com/privacy for more information.

Greg Shill on Legal Subsidies to Cars

Thu, 04 Apr 2019 00:03:19 GMT

In this episode, Gregory Shill, Associate Professor of Law at the University of Iowa College of Law, discusses his article "Should Law Subsidize Driving?," which will be published by the NYU Law Review. Shill begins by describing the terrible toll that automobiles inflict on America every year: 93,000 deaths (40,000 in crashes and another 53,000 killed prematurely by vehicle emissions), millions of serious injuries, and many hundreds of billions of dollars of damages due to lost lives alone. Then he explains how automobiles are subsidized not only by intentional public policy, but also by legal rules that prioritize and indemnify driving, while discouraging and stigmatizing other forms of transportation. He argues that this reflects policy choices that we can and must reverse, and discusses effective approaches to reform adopted by other countries, which have dramatically reduced driving and the terrible costs it imposes. Shill is on Twitter at @greg_shill.

Shill recommends the following resources for those interested in learning more about reform:

Angie Schmitt, How Driving Is Encouraged and Subsidized—by Law, StreetsBlog, Mar. 6, 2019
The Vision Zero Street Design Standard
Centers for Disease Control, Motor Vehicle Crash Deaths: How Is the US Doing? (2016)
Peter Norton, Fighting Traffic: The Dawn of the Motor Age in the American City (2011)
Joseph Stromberg, The Forgotten History of How Automakers Invented the Crime of “Jaywalking” (discussing Norton’s book).
Fabio Caiazzo et al, Air Pollution and Early Deaths in the United States. Part I: Quantifying the Impact of Major Sectors in 2005, 79 Atmospheric Environment 198 (2013)(discussing 53,000 deaths from road transportation emissions)
John D. Kraemer & Connor S. Benton, Disparities in Road Crash Mortality among Pedestrians Using Wheelchairs in the USA: Results of a Capture–Recapture Analysis, British Medical Journal Open
Kelcie Ralph et al., Editorial Patterns in Bicyclist and Pedestrian Crash Reporting (2018) (working paper)
Michael Lewyn, The Criminalization of Walking, Illinois Law Review (2017)
Danielle Davis, How the NYPD, the DOT, and the Justice System Have Failed My Sister: Part One (2017) (telling the story of Lauren Davis’s death at the hands of a motorist in Brooklyn, and the cruelty her family experienced at the hands of law enforcement and the city)

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 77: Marshall McLuhan, The Medium is the Massage (1967)

Wed, 03 Apr 2019 15:43:40 GMT

Herbert Marshall McLuhan (1911-1980) was a Canadian philosopher and media theorist. After graduating from the University of Manitoba and Cambridge, he taught at several different schools, before landing at the University of Toronto. He became internationally known when he published his book Understanding Media: The Extensions of Man (1964), and coined the catchphrase, "The Medium is the Message." According to McLuhan, we should study media itself, rather than the content of media. His subsequent book The Medium Is the Massage: An Inventory of Effects (1967) was a play on that catchphrase, and explored the effects of media on human experience.

Later in 1967, he recorded an LP version of The Medium is the Massage, which was published by Columbia Records. The script was written by McLuhan, Quentin Fiore, and Jerome Agel, and was produced by John Simon. It features McLuhan speaking, and being "interrupted" by other speakers and sounds.

Hosted on Acast. See acast.com/privacy for more information.

Sarah Burstein on the Ontology of the Patented Design

Tue, 02 Apr 2019 01:05:19 GMT

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her article, "The Patented Design," which was published in the Tennessee Law Review. Burstein begins by explaining what "design" is and how it relates to design patents. She describes the elements of a design patent, how they work, and the competing arguments about what they should cover. She surveys the history of design patent doctrine, looking for clues about how courts and the patent office have construed the subject matter and scope of design patents. And she argues that the patented design should be understood as a design as applied to a particular product category. She closes by explaining why this matters to the Curver Luxembourg v. Home Expressions case, in which the Federal Circuit will soon hear oral argument. Burstein is on Twitter at @design_law and blogs about design law on Tumblr at Design Law.

Hosted on Acast. See acast.com/privacy for more information.

Jeff Kosseff on Section 230

Sat, 30 Mar 2019 16:31:59 GMT

In this episode, Jeff Kosseff, Assistant Professor of Cybersecurity Law at the United States Naval Academy, discusses his new book, "The Twenty-Six Words That Created the Internet," which is published by Cornell University Press. Kosseff begins by describing the origin of Section 230 of the Communications Decency Act, which exempts internet service provides from liability for third-party content. He explains how Section 230 facilitated the development of the internet as we know it today, including social media. But he also recognizes the harms it has facilitated, including the terrible costs it has imposed on some people. He closes by reflecting on how the implementation and interpretation of Section 230 could be improved. Kosseff is on Twitter at @jkosseff.

Hosted on Acast. See acast.com/privacy for more information.

Claudy Op Den Kamp on the History of Intellectual Property in 50 Objects

Wed, 27 Mar 2019 23:31:45 GMT

In this episode, Dr. Claudy Op Den Kamp, Senior Lecturer in Film and faculty member at the Centre for Intellectual Property Policy and Management at Bournemouth University, discusses the book "A History of Intellectual Property in 50 Objects," which she edited with Dan Hunter of Swinburne Law School, and which will be published by Cambridge University Press. The book consists of 50 essays by a wide range of different scholars, from many different backgrounds and countries. Op Den Kamp begins by describing the origin of the book and how they selected the particular objects to include. She reflects on some particular objects that they chose and why. She also discusses the process of selecting contributors, and some of the many surprising observations some of those contributors made. Op Den Kamp is on Twitter at @claudyday.

Several of the essays in the book are available online:

Hosted on Acast. See acast.com/privacy for more information.

Ilan Wurman on Originalism

Wed, 27 Mar 2019 00:17:36 GMT

In this episode, Ilan Wurman, Visiting Assistant Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, discusses his book "A Debt Against the Living: An Introduction to Originalism," which is published by Cambridge University Press. Wurman begins by describing the premises of originalism, the constitutional theory holding that the Constitution should be understood in relation to its original public meaning. He explains how originalism works and how it differs from other theories of constitutional interpretation. He reflects on how the debate between Jefferson and Madison illuminates two competing theories of constitutional legitimacy. And he argues that originalism is consistent with the antisegregation principle of Brown v. Board of Education. Wurman is on Twitter at @ilan_wurman and his scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

Molly Brady on Property and Projection

Tue, 26 Mar 2019 00:09:32 GMT

In this episode, Maureen E. Brady, Associate Professor of Law at the University of Virginia School of Law, discusses her article "Property and Projection," which will be published in the Harvard Law Review. Brady notes the increasingly popular practice of projecting unflattering images and information onto physical property, and observes that property owners have had little success with claims against the offenders, because courts have found no physical trespass and only "trivial" economic harm. She argues that property doctrine can and should recognize harms caused by light projections, and explains why property law should be more sensitive to "appropriation" harms. She also discusses potential tensions with the First Amendment, and how we should think about the justification of property law more broadly. Brady is on Twitter at @mollyxbrady.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 76: Gandhi, Man on Trial (1972)

Fri, 22 Mar 2019 22:34:25 GMT

Mohandas Karamchand Gandhi (1869-1948) was an Indian activist who led the Indian independence movement against British colonial rule. He became known for his advocacy of nonviolent civil disobedience to achieve political goals, and inspired civil rights movements around the world. In 1948, Gandhi was assassinated by Nathuram Godse, a Hindu nationalist, who fired three bullets into Gandhi's chest.

This LP was published in 1972 by CMS Records, Inc., by arrangement with BBC Radio Enterprises. It was compiled from recordings of Gandhi and other political figures, and was written and narrated by Francis Watson.

Hosted on Acast. See acast.com/privacy for more information.

Rachel Moran on Police Privacy

Fri, 22 Mar 2019 21:22:26 GMT

In this episode, Rachel Moran, Assistant Professor of Law at the University of St. Thomas School of Law, discusses her article "Police Privacy," which will be published in the UC Irvine Law Review. Moran observes that in many states, including California and New York, records of police misconduct are not subject to records requests, or access is very limited. Access to these records is essential to identifying problem officers and bringing civil rights actions, but police unions have successfully argues that access would violate the privacy rights of police officers. Moran asks whether and when records requests implicate legitimate privacy interests, and concludes that most records should be released. Moran is on Twitter at @rachelmoran82.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 75: Adlai Stevenson, The Stevenson Wit (1965)

Fri, 22 Mar 2019 04:15:33 GMT

Adlai Ewing Stevenson II (1900-1965) was an American lawyer, politician, and diplomat. Stevenson graduated from Northwestern University School of Law in 1926, practiced law at Cutting, Moore & Sidley in Chicago, and then got into politics during the Roosevelt administration. He was elected Governor of Illinois, serving from 1949 to 1953, and received the Democratic Party's nomination for president in the 1952 and 1956 elections, but was roundly defeated by Dwight Eisenhower. In 1960, Stevenson lost the Democratic nomination to Senator John F. Kennedy of Massachusetts. After the election, President Kennedy appointed Stevenson the United States Ambassador to the United Nations, a position in which he served until his death from heart failure in 1965.

Shortly after Stevenson's death RCA Victor published this LP, titled "The Stevenson Wit: Selections from Famous Speeches, Press Conferences and Off-the-Cuff Remarks." It was edited by Bill Adler and narrated by David Brinkley.

Hosted on Acast. See acast.com/privacy for more information.

James Stern on the Myth of Nonrivalry

Fri, 22 Mar 2019 00:23:17 GMT

In this episode, James Y. Stern, Associate Professor of Law at William & Mary Law School, discusses his article "Intellectual Property & the Myth of Nonrivalry." Stern begins by describing the conventional economic theory of property and public goods, and how it structures the prevailing view of intellectual property among legal scholars in the United States. Specifically most scholars assume that property conventionally allocates scarce or rival resources, but because information is non-rival, allocation is unnecessary, and the only legitimate goal is providing an incentive for production. He argues that information actually is rival, because different people have different preferences for how it is used. Accordingly, public goods economics cannot provide an empirical justification for intellectual property, which is fundamentally an expression of normative values. Stern is on Twitter at @JamesYStern. His scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

Josh Blackman on Cooper v. Aaron and Judicial Universality

Thu, 21 Mar 2019 16:41:16 GMT

In this episode, Josh Blackman, Associate Professor of Law at the South Texas College of Law Houston, discusses his article "The Irrepressible Myths of Cooper v. Aaron," which will be published in the Georgetown Law Journal. Blackman begins by explaining what happened in the Supreme Court case Cooper v. Aaron and describing the historical context in which the case was decided, as the Supreme Court tried to enforce its decisions in Brown v. Board of Education against massive Southern resistance. He observes that the Court relied on concepts of both judicial supremacy and judicial universality, and asks how effectively it marshaled each premise. He traces the evolution of the opinion through the papers of the justices, and how the Court reached its ultimate conclusion. And he argues that Cooper v. Aaron and its aftermath emphasizes that the Supreme Court is still a court, and that its decisions must still be implemented by the executive branch. Blackman is on Twitter at @JoshMBlackman.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 74: The FBI in Peace and War, The Traveling Man (1953)

Thu, 21 Mar 2019 02:33:40 GMT

On June 10, 1953, The Mutual radio network broadcast and episode of The FBI in Peace and War titled "The Traveling Man." The story revolves around a callow mob soldier and his young wife. The soldier betrays his boss, steals a car, and flees with his wife. His bosses goons catch him, but the FBI is on the case.

In 1972, the Radiola Company of Croton-on-Hudson, NY re-released the program as the B-side of an LP.

Hosted on Acast. See acast.com/privacy for more information.

Paul Gowder on Constitutional Theory and African-American Political Thought

Thu, 21 Mar 2019 02:08:59 GMT

In this episode, Paul Gowder, Professor of Law at the University of Iowa College of Law, discusses his article "Reconstituting We the People: Frederick Douglass and Jurgen Habermas in Conversation," which will be published in the Northwestern University Law Review. Gowder begins by describing conventional constitutional theory and explaining why internal contradictions make its theory of legitimacy unworkable. Then he describes an assortment of constitutional theories he characterizes as "constitutional conception," explaining how they solve the problems with the conventional theory, but are themselves vulnerable to other objections. Specifically, a constitution is illegitimate when it excludes people from participating in its development. Gowder observes that African-Americans have historically been excluded from constitutional development in the United States, and observes how African-American political thinkers, including Frederick Douglass have conceptualized and utilized that exclusion, in a theoretical move he calls, "cynical faith." Gowder is on Twitter at @PaulGowder.

Hosted on Acast. See acast.com/privacy for more information.

Benjamin Edwards on Improving the Market for Professional Services

Wed, 20 Mar 2019 00:55:06 GMT

In this episode, Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, discusses his article "The Professional Prospectus: A Call for Effective Professional Disclosure," which was published in the Washington & Lee Law Review. Edwards explains how information asymmetry makes it hard for consumers to evaluate the quality of professional services, and often causes them to receive substandard service. While professional regulation can help weed out the very lowest quality providers, its effectiveness is limited and often compromised by self-interest. Edwards argues that professions should require affirmative disclosure of relevant information to consumers in advance in the form of a "professional prospectus," in order to improve the market for professional services. Edwards is on Twitter at @BenPEdwards.

Hosted on Acast. See acast.com/privacy for more information.

Christopher Odinet on Mortgage Servicing and the Financial Crisis

Tue, 19 Mar 2019 00:55:45 GMT

In this episode, Christopher Odinet, Associate Professor of Law and Affiliate Associate Professor in Entrepreneurship at the University of Oklahoma College of Law, discusses his new book, "Foreclosed: Mortgage Servicing and the Hidden Architecture of Homeownership in America," which is published by Cambridge University Press. Odinet begins by describing how the mortgage industry worked before the financial crisis, and the origin of mortgage servicing companies. He explains how securitization of mortgages and the reliance on mortgage servicing companies made the financial crisis worse and hurt many homeowners. He reflects on regulatory changes made in response to the crisis, especially Dodd-Frank and the CFPB. But he argues that more changes are needed to protect against inevitable future crises. Odinet is on Twitter at @ChrisOdinet.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 73: Eldred v. Ashcroft Oral Argument (2003)

Mon, 18 Mar 2019 17:45:07 GMT

This is the oral argument from Eldred v. Ashcroft, 537 U.S. 186 (2003). Here is the summary from Oyez:

Facts of the case

Under the Copyright and Patent Clause of the Constitution, Article 1, section 8, "Congress shall have Power...to promote the Progress of Science...by securing [to Authors] for limited Times...the exclusive Right to their...Writings." In the 1998 Copyright Term Extension Act (CTEA), Congress enlarged the duration of copyrights by 20 years, making copyrights now run from creation until 70 years after the author's death. Petitioners, whose products or services build on copyrighted works that have entered the public domain, argued that the CTEA violates both the Copyright Clause's "limited Times" prescription and the First Amendment's free speech guarantee. They claimed Congress cannot extend the copyright term for published works with existing copyrights. The District Court and the District of Columbia Circuit disagreed.

Question

Does the 1998 Copyright Term Extension Act's extension of existing copyrights exceed Congress's power under the Copyright Clause? Does the CTEA's extension of existing and future copyrights violate the First Amendment?

Conclusion

No and no. In a 7-2 opinion delivered by Justice Ruth Bader Ginsburg, the Court held that Congress acted within its authority and did not transgress constitutional limitations in placing existing and future copyrights in parity in the CTEA. Disagreeing with the argument that a copyright once set is fixed, the majority found that the CTEA "continues the unbroken congressional practice of treating future and existing copyrights in parity for term extension purposes," and is a permissible exercise of Congress's power under the Copyright Clause. Moreover, the Court held that the CTEA's extension of existing and future copyrights does not violate the First Amendment. Justices John Paul Stevens and Stephen G. Breyer dissented, arguing that the CTEA amounted to a grant of perpetual copyright that undermined public interests.

Hosted on Acast. See acast.com/privacy for more information.

Will Slauter on the History of Copyright in the News

Fri, 15 Mar 2019 22:43:31 GMT

In this episode, Will Slauter, Associate Professor at Université Paris Diderot, discusses his new book, "Who Owns the News?: A History of Copyright," which is published by Stanford University Press. Slauter begins by explaining that the question, "Who owns the news?" has had different answers at different points in time. He describes the history of the news, beginning in 16th century England, and continuing through the present day, explaining how the it has taken different forms at different points in time. He reflects on the way that regulation, social technologies, and economics have shaped the news and concepts of ownership. He uses particular moments in the history of the news to illustrate those changes. And he argues that the history of the news can help us understand the history of copyright more richly and clearly. Slauter is on Twitter at @w758.

Hosted on Acast. See acast.com/privacy for more information.

Katherine Macfarlane on Accommodating Disabilities in Law School and Practice

Fri, 15 Mar 2019 00:36:30 GMT

In this episode, Katherine Macfarlane, Associate Professor of Law at the University of Idaho College of Law, discusses her work on how disabilities affect law students and lawyers, and how we can better accommodate people with disabilities. She begins by explaining the legal obligations that law schools and law firms have to accommodate people with disabilities under the Americans with Disabilities Act. She describes the different kinds of disabilities that may affect law students and the kinds of accommodations that they may need and deserve. She reflects on her own experiences requesting accommodations for her disability as a law student, lawyer, and law professor. And she provides some thoughts on how law schools and law professors can better accommodate students with disabilities. Macfarlane is on Twitter at @KatAMacfarlane.

Hosted on Acast. See acast.com/privacy for more information.

Stephanie Hoffer on Disability and Medicaid Reform

Thu, 14 Mar 2019 17:36:35 GMT

In this episode, Stephanie Hoffer, Professor of Law at the Ohio State University Moritz College of Law, discusses her article "Making the Law More ABLE: Reforming Medicaid for Disability," which was published in the Ohio State Law Journal. Hoffer begins by describing how the ADA requires the federal and state governments to provide financial assistance to people with disabilities, and how that assistance is provided through Medicaid. She explains how Medicaid's income and asset restrictions both impose burdens on people with disabilities and their families, and create perverse incentives. Among other things, they limit the ability of people with disabilities to work and the ability of their families to provide financial assistance. She recognizes that the ABLE act helped reduce the problem somewhat, by enabling people with disabilities to save and their families to help them. But she argues that the government should do more, by eliminating income restrictions, and explains why that would provide more equitable treatment at a similar or even lower cost. Hoffer is on Twitter at @ProfHoffer.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 72: Mr. District Attorney Solves "The Case of the Money Machine" (1951)

Thu, 14 Mar 2019 12:37:57 GMT

On April 11, 1951, NBC radio broadcast "Mr. District Attorney Solves 'The Case of the Money Machine.'" Here are the liner notes:

5256. Mr. District Attorney. April 11, 1951. NBC net. "The Case Of The Money Machine". Sponsored by: Vitalis, Sal Hepatica, Bufferin. A former worker in a mental hospital breaks in and steals one of the inmates who happens to be a mathematical genius. An act in the carnival is set up for the madman. The first "Honorary Mr. D.A." is named. Transcriptions of this program, marked "as broadcast" have been found dated November 16, 1953. Robert Shaw (writer), Jay Jostyn, Len Doyle, Vicki Vola, Fred Uttal (announcer), Phillips H. Lord (creator), Charles Paul (music), John Gibson, Robert Shaw (writer), Edward A. Byron (producer, director). 29:54. Audio condition: Very good to excellent. Complete.

Notably, the "district attorney" in question is curiously closely involved in the apprehension of the suspects, and does not appear to be engaged in any actual legal work. One fears that this program may have given audiences a somewhat inaccurate idea of the responsibilities of a district attorney.

In 1972, the Radiola Company of Croton-on-Hudson, NY re-released the program as the A-side of an LP.

Hosted on Acast. See acast.com/privacy for more information.

Peter Karol on Conceptual Art Certificates

Wed, 13 Mar 2019 22:35:37 GMT

In this episode, Peter Karol, Professor of Law at New England Law Boston, discusses his article "Permissive Certificates: Collectors of Art as Collectors of Permissions," which will appear in the Washington Law Review. Karol begins by describing certificates of authenticity and how they are used in the art market. Then he explains what conceptual art is and how conceptual artists use certificates differently than other artists. He provides several examples of disputes relating to conceptual art and certificates, and why the present difficult questions of both copyright and trademark law. He closes by asking how we should think about conceptual art certificates in relation to copyright and trademark doctrine. Karol's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

Jeremy Sheff on Jefferson's Taper and the Classical Tradition

Wed, 13 Mar 2019 14:19:28 GMT

In this episode, Jeremy Sheff, Professor of Law and Director of the Intellectual Property Law Center at St. John's University School of Law, discusses his article "Jefferson's Taper." Sheff begins by describing Thomas Jefferson's "Parable of the Taper," found in a letter to Isaac McPherson, in which Jefferson argues that there is no natural right of property in inventions, which are a fire than can be spread from one person to another, without dimming the source. This parable has figured prominently in contemporary debates between utilitarian and Lockean theories of the justification for patents, with utilitarians seeking endorsement in the parable, and Lockeans rejecting it. Sheff argues that Jefferson was actually paraphrasing Cicero's iconic work "De Officiis," and drawing on a very different Classical tradition of natural law. Not only does this perspective help us better understand what Jefferson actually meant, but also it may a provide helpful new perspective on the contemporary debate. Sheff is on Twitter at @jnsheff.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 71: Ad Council, How High is your E.Q.? (1977)

Wed, 13 Mar 2019 07:06:03 GMT

In 1977, the Department of Commerce and the Advertising Council published a booklet titled "The American Economic System...and Your Part In It," which was distributed for free to anyone who wanted a copy. The booklet is available here. Naturally, the Ad Council also prepared a massive advertising campaign for the economics education program, which the New York Times described here. I found this quotation from the launch party quite amusing:

Another supporter of the free enterprise system, Mayo J. Thompson, a former commissioner of the Federal Trade Commission, was on the program this morning. And he quickly won the hearts of his listeners by attacking in a fine Texas drawl the Eastern lawyers who were on the F.T.C. staff. Speaking of that staff he said, “I think that the dominant attitude is that capitalism is not quite as respectable as it ought to be . . . the suspicion lingers that the whole business of making profits is morally tainted.”

Mr. Thompson, now a partner in the law firm of Akin, Gump, Stauss, Hauer & Feld, portrayed the staff as being made up of people overwhelmed by the belief of truth in advertising. The former commissioner, however, believes in the “harmless untruth.”

“Common sense tells nonlawyers that, unless a false and deceptive advertisement results in a dollar loss to the consumers, no harm has been done and the whole matter should be dumped in the nearest round file,” he said.

Maintaining also that advertising within certain bounds should also be given freedom of speech protection of the First Amendment he said: “if politicians and journalists were held to the F.T.C.'s absolute truth standards, for example, the presses would grind to a halt in a matter of hours and the airways would fall silent in a flash of blue smoke.”

For that he received his loudest round of applause.

In any case, the Ad Council also published this 7" record titled "How High is Your E.Q.?," with an assortment of PSAs for the booklet. I especially like the "attorney" and "professor" ones.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 70: Jerry Springer, Save the Terminal/Faded Photos (1973)

Mon, 11 Mar 2019 14:00:36 GMT

In 1973, while he was a member of Cincinnati City Council, Jerry Springer recorded this 45 single, advocating to preserve the Cincinnati Union Terminal. The terminal was built in 1933, but train service to the terminal ended in 1973. Nevertheless, Union Terminal was the model for the Justice League's Hall of Justice in the 1970s Hanna-Barbera cartoon "Super Friends." The City Council voted the terminal a historic landmark, but Southern Railway tore down the concourse in 1974.

Springer recorded these two tracks "Save the Terminal" and "Faded Photos (Just Won't Do)." "Save the Terminal" was written by S. Flaharty, T. West, and J. Eliot. "Faded Photos (Just Won't Do)" was written by S. O'Shea and S. Flaharty.

Springer resigned in 1974, after admitting to hiring a prostitute, but was later re-elected. Eventually, he moved into journalist, and abandoned his political career.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 69: Ashcroft & Bacon, Truth (1973)

Sun, 10 Mar 2019 14:00:53 GMT

In 1973, Missouri State Auditor John Ashcroft and Missouri State Representative Max Bacon self-published an LP of "gospel" songs. The manufacturer was American Artists Custom Records. The album was produced by Winnie Swaim, and engineered by Joe Higgins. Here is the track list:

SIDE 1

Why Me, Lord 2:44
Reach Out to Jesus 2:25
Jesus Hold My Hand 2:22
The Broken Vessel 3:38
King Jesus 2:13
Unseen Hand 3:25

SIDE 2

Didn't He Shine 2:40
I Find No Fault In Him 3:00
More About Jesus 2:14
We've Come This Far By Faith 2:12
Come Holy Spirit 2:25
Jesus Is Lord of All 2:56

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 68: Haldeman, Ehrlichman, Mitchell and Dean (1973)

Sat, 09 Mar 2019 21:13:11 GMT

In 1973, at the height of the Watergate scandal, a record label called "Mr. G Records" released the song "Haldeman, Ehrlichman, Mitchell and Dean," written by Bob Warren and supposedly performed by "The Creep," as a 45 single. The same track is on both sides, a typical comic song featuring barroom piano. Apparently, the song initially got some airplay, until listeners started complaining. Here are the lyrics:

We're Haldeman, Ehrlichman, Mitchell and Dean

The way we've been treated is really obscene

To think that a bug worth hardly a shrug

Could end up by getting us tossed in the jug

We all got the gate for no reason or rhyme

You'd think we'd committed some horrible crime

Our minds may be dirty, but our hands are clean

We're Haldeman, Ehrlichman, Mitchell and Dean

Our job was to see that the White House stayed green

We might have had flaws, like bending the laws

But God only knows it was for a good cause

There's no power shortage where we were concerned

And what little profit resulted, we earned

For lovelier fellows you never have seen

Than Haldeman, Ehrlichman, Mitchell and Dean

We're Haldeman, Ehrlichman, Mitchell and Dean

Our past has been fat, but the future looks lean

With backs to the wall, we're taking the fall

But dammit, we only robbed Pete to pay Paul

Just when we getting to be well-to-do

The Watergate turned into our Waterloo

And now everybody is out to demean

Poor Haldeman, Ehrlichman, Mitchell and Dean

Yes, we're Haldeman, Ehrlichman, Mitchell and Dean

We're perfectly willing to spill every bean

We've nothing to hide, with God on our side

He knows we were only along for the ride

But so it won't come as terrible blow

There's one little thing that we think you should know

Whatever we say isn't quite what we mean

We're Haldeman, Ehrlichman, Mitchell and Dean

Oh yes, we're Haldeman, Ehrlichman, Mitchell and Dean

Things won't be the same when we're gone from the scene

But people will still recall with a thrill

Our sell-out performance on Capitol Hill

It just isn't fair to take all of the blame

When all we were doing was playing the game

Now all of Washington's caught in between

Haldeman, Ehrlichman, Mitchell and Dean

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 67: Senator Everett McKinley Dirksen Speaks for The Guard (1969)

Sat, 09 Mar 2019 01:05:27 GMT

In 1966, Senator Everett McKinley Dirksen (R-IL), known by his detractors as "The Wizard of Ooze" for his unctuous demeanor, recorded an LP titled "Gallant Men: Stories of the American Adventure." The record was an unexpected success, and Dirksen recorded two more LPs.

In 1969, Dirksen recorded this album of PSAs for the National Guard, encouraging Americans to be patriotic and volunteer. Side 1 is titled "Senator Everett Dirksen Speaking for the National Guard," and features four 60 second PSAs, four 30 second PSAs, and some extemporaneous comments on patriotism. Side 2 is titled "The National Guard Today: Contributions to Country and Community," and features a narrator reading four 60 second PSAs and four 30 second PSAs.

Here is the track list:

Senator Everett Dirksen Speaking For The National Guard (Recorded In The Senate Minority Leader's Office, U.S. Capitol Building)

A Comeback For Patriotism?1:00
The Soldier's Pack1:00
Natural Disasters1:00
American Patriot1:00
A Comeback For Patriotism?0:30
The Soldier's Pack0:30
Natural Disasters0:30
American Patriot0:30
On Patriotism (Delivered "Ad-Lib" After Recording Session)2:18

The National Guard Today: Contributions To Country And Community

Cornball1:00
What's The Guard Doing?1:00
Chlorine Gas1:00
Lost Child1:00
Cornball0:30
Chlorine Gas0:30
Call-Up0:30
Always A Guard0:30

Hosted on Acast. See acast.com/privacy for more information.

Barton Beebe on Open-Source Casebooks

Fri, 08 Mar 2019 22:00:13 GMT

In this episode, Barton Beebe, John M. Desmarais Professor of Intellectual Property Law at New York University School of Law, discusses his open-source trademark casebook and open-source publishing in general. Beebe describes what open-source publishing is, the different open-source publishing options available to authors, and why legal scholars publishing casebooks should consider open-source options. He explains how open-source is better for both legal scholars and their students, and why it is and should be the future of legal publishing. He also offers his thoughts on casebook writing, what makes casebooks useful, and why to choose particular cases over others. Beebe is on Twitter at @BartonBeebe.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 66: Ronald Reagan, Freedom's Finest Hour (1967)

Fri, 08 Mar 2019 00:58:27 GMT

In December 1966, the documentary film "Freedom's Finest Hour" was broadcast on national television. The film told the story of the American Revolution and the ratification of the Constitution, from the perspective of a colonist from Boston, played by Ronald Reagan. In 1967, Decca released an adaptation of the film's soundtrack on LP. The record was written by Sam Thomas, produced by Alec and Sam Thomas, and introduced by Ed Ladd.

Hosted on Acast. See acast.com/privacy for more information.

Martin Jordan Minot on the Irrelevance of Blackstone

Thu, 07 Mar 2019 20:23:28 GMT

In this episode, Martin Jordan Minot, a student at the University of Virginia School of Law and the University of Virginia History Department, discusses his note "The Irrelevance of Blackstone: Rethinking the Eighteenth-Century Importance of the Commentaries," which was published in the Virginia Law Review. Minot begins by describing who Blackstone was and why his Commentaries have come to be seen as the definite source for understanding legal thought in late 18th century America. He explain how he used primary source materials, especially commonplace books created by law students, to identify which legal resources were actually considered the most important during that period. He argues that Blackstone paled in importance to other sources, especially Coke, and he argues that this has implications for understanding how people thought about the law during that period. He also offers thoughts about how to produce better scholarship as a law student. Minot is on Twitter at @mjminot.

Hosted on Acast. See acast.com/privacy for more information.

Robin Effron on Jurisdictional Limits on Trade Secret Enforcement

Thu, 07 Mar 2019 20:01:25 GMT

In this episode, Robin J. Effron, Professor of Law at Brooklyn Law School, discusses her article "Trade Secrets, Extraterritoriality, and Jurisdiction," which was published in the Wake Forest Law Review. Effron begins by describing what trade secrets are and how Congress has recently created and expanded federal trade secret protection, ostensibly in response to foreign trade secret misappropriation. She explains how constitutional limitations on federal jurisdiction could make it difficult to use these new trade secret protections against foreign defendants, specifically noting the irony that many of the same people who argued for the expansion of trade secret rights also argued for the limitations on jurisdiction that could make enforcement of those rights difficult. And she speculates that the real target of federal trade secret law was not foreign misappropriators, but domestic ones, specifically former employees. Effron is on Twitter at @binsky18.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 65: W.C. Fields, Temperance Lecture

Wed, 06 Mar 2019 23:56:19 GMT

William Claude Dukenfield (1880-1946), better known as "W.C. Fields," was an American comedian, actor, juggler and writer. He appeared in many plays and movies, always playing a hard-drinking misanthrope.

In 1946, shortly before his death on Christmas Day, Fields recorded a spoken-word album, which consisted of 2 tracks: "Temperance Lecture" and "The Day I Drank a Glass of Water." The recording session was arranged by Bill Morrow and was recorded at Les Paul's studio, where Paul had installed a new multi-track recorder. You can hear Paul playing guitar in the background. It was Fields's last performance.

The album was originally released on 78, but has been re-released many times, including this 10" record published by Jay Records in about 1950.

Hosted on Acast. See acast.com/privacy for more information.

Catherine Hardee on Corporate Religious Sincerity

Tue, 05 Mar 2019 00:12:51 GMT

In this episode, Catherine A. Hardee, Associate Professor of Law at California Western School of Law, discusses her article in progress, "Schrödinger’s Corporation: The Paradox of Religious Sincerity In Heterogenous Corporations." Hardee begins by describing how the Supreme Court has looked to the religious beliefs of shareholders in order to determine whether a business corporation has a "sincere" religious belief for the purpose of religious exemptions. She then explains why this test creates tensions with principles of corporate governance, and could enable corporations to "game the system," by adding minority shareholders with religious beliefs. She outlines an alternative test that would consider more factors, and thereby enable courts to reach more accurate outcomes. And she argues that it will be a better compromise between competing values of religious liberty and corporate governance. Hardee's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 65: American Automobile Dealers Association, America's Automobile Man (1977)

Sun, 03 Mar 2019 18:18:08 GMT

In 1977, the American Automobile Dealers Association released this 7" record, titled "America's Automobile Man" to promote automobile use. Side 1 consists of the 3:42 song/PSA "America's Automobile Man," with music, lyrics, and narration by Ralph Harrison. Side 2 consists of 5 radio spots, on a range of different automobile-themed subjects. Among other things, NADA suggests that Epictetus would have wanted you to drive as much as possible.

The back cover of the 7" extols "America's Fifth Freedom," the "freedom of mobility."

America's Fifth Freedom

Freedom of Mobility

Americans know about the "four freedoms" - freedom of speech, freedom to worship, freedom from want and freedom from fear. But have you thought about what our life would be like without a fifth freedom - our freedom of mobility?

As Americans, we have the freedom to go where we want, when we want and how we want.

That's pretty important, isn't it?

We don't usually make a big deal out of it, though. Probably because we don't have all the economic and political restrictions on travel that people face in other countries. I mean, here we just hop in our car - or buy a ticket on a train or plane - and we're on our way.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 64: Norman Dacey Tells You How to Avoid Probate! (1966)

Sat, 02 Mar 2019 21:05:24 GMT

In 1965, Norman Dacey published "How to Avoid Probate!," in which he advised people to avoid the probate "racket" by using an inter vivos trust. Dacey was a financial planner from Connecticut, not a lawyer. When he began advising his clients to use inter vivos trusts, the Connecticut Bar Association filed an unauthorized practice of law charge against him. In response Dacey published his book, which was immediately successful. The book not only explained how to create an inter vivos trust, but also provided a panoply of forms that people could use to create a trust.

Lawyers were horrified, and published innumerable critical reviews of Dacey's book. And the New York County Lawyer's Association sued Dacey charging unlawful practice of law, but Dacey won the suit on appeal.

In 1966, Dacey recorded this LP, which was also published by The National Estate Planning Council. Among other things, Dacey quotes Professor Fred Rodell of Yale Law School at great length. Dacey's comments on the sanctimony and venality of the legal profession are quite amusing indeed.

Dacey eventually moved to Ireland, and died in 1994. His book is still popular, as are inter vivos trusts, despite some detractors.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 63: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 4 (1963)

Fri, 01 Mar 2019 16:35:45 GMT

In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote Fanny Hill while he was confined in a London debtor's prison, and it is considered the first pornographic novel. It is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

Fanny Hill was banned in England the year after it was published, but illicit editions soon appeared, and found their way to the United States. In 1821, Massachusetts banned the novel, and the Massachusetts Supreme Court affirmed its suppression.

In 1963, Putnam published Fanny Hill as "John Cleland's Memoirs of a Woman of Pleasure." New York State Supreme Court Judge Arthur G. Klein held that it was not obscene under the Supreme Court's Roth test, but a Massachusetts court disagreed. Putnam challenged the Massachusetts ruling, and the Supreme Court eventually held that Fanny Hill was not obscene under the Roth standard in A Book Named "John Cleland's Memoirs of a Woman of Pleasure", et al. v. Attorney General of Massachusetts (1966).

In 1963, Recorded Literature, Inc. also published "Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure" a 2xLP dramatic reading of Fanny Hill, performed by Pamela Hayes Marshall, Felicia Peters, Marcia Gatsby, and Audrey Long. It appears that the names of the performers were all pseudonyms. The gatefold of the album liberally from Klein's opinion finding the book not obscene. Unsurprisingly, this "unexpurgated" version of Fanny Hill was edited to focus on only the most prurient parts of the story.

This is the track list for part 3:

Mr. Norbert's Foolishness
Fanny's Inheritance
Reunion With Charles
Fanny's Farewell

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 62: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 3 (1963)

Fri, 01 Mar 2019 03:28:21 GMT

This is the track list for part 3:

Affair With Will (Cont.)
Emily's Adventure
Harriet's Adventure
Luisa's Adventure

Hosted on Acast. See acast.com/privacy for more information.

Maybell Romero on Profit-Driven Prosecution

Fri, 01 Mar 2019 00:05:26 GMT

In this episode, Maybell Romero, Assistant Professor at the Northern Illinois University College of Law, discusses her article "Profit-Driven Prosecution and the Competitive Bidding Process," which was published in the Journal of Criminal Law and Criminology. Romero begins by observing that many municipalities have privatized criminal prosecution, contracting out the job of prosecutor to the lowest bidder. She explains how this creates incentives to generate revenue, rather than do justice. She also reflects on how it might discourage women and minorities from pursuing jobs as prosecutors. And she makes suggestions about institutional changes that would address this problem. Romero is on Twitter at @MaybellRomero.

This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College.

Hosted on Acast. See acast.com/privacy for more information.

Chris Sagers on United States v. Apple & the Purpose of Antitrust Law

Thu, 28 Feb 2019 03:29:56 GMT

In this episode, Christopher L. Sagers, Professor of Law at Cleveland State University Cleveland-Marshall College of Law, discusses his new book, "United States v. Apple: Competition in America," which will be published by Harvard University Press. The book uses the United States v. Apple antitrust case to investigate antitrust policy and whether it is consistent with how people think about competition. Sagers begins by discussing the purpose of antitrust law, how antitrust doctrine works, and how antitrust policy has evolved over time. Then he describes the factual background of the United States v. Apple case, and reflects on why it seemed like an easy case for antitrust scholars, and a hard case for so many other people. He concludes by asking what antitrust law should try to accomplish, and how it should reconcile consumer welfare with other values. Sagers is on Twitter at @chrissagers.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 61: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 2 (1963)

Wed, 27 Feb 2019 23:13:25 GMT

In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote the novel while he was confined in a London debtor's prison, and it is considered the first pornographic novel. Fanny Hill is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute.

This is the track list for part 2:

Abduction Of Charles
The Landlady's Offer
Incident With Mr. H.
Affair With Will

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 60: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 1 (1963)

Wed, 27 Feb 2019 14:00:09 GMT

This is the track list for part 1:

Journey To London
Encounter With Mrs. Brown
Rendezvous With Charles
Chelsea Tryst With Charles

Hosted on Acast. See acast.com/privacy for more information.

Annemarie Bridy on Copyright and Intertextuality

Wed, 27 Feb 2019 01:13:49 GMT

In this episode, Annemarie Bridy, Allan G. Shepard Professor of Law at the University of Idaho College of Law, discusses her article "Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality," which is published in the UC Irvine Law Review. Bridy begins by describing the history of DiModica's iconic "Charging Bull" sculpture, and the controversy surrounding the installation of the "Fearless Girl" sculpture, which encouraged viewers to see Charging Bull in a new light. She discusses the differences between United States and European Union copyright law, and why DiModica lacked a viable copyright claim under United States law. She uses the literary theory concept of "intertextuality" to explain how US law sees copyright law as "dialogic," while EU law sees it as "monologic." And she explains how these different concepts of authorship and the nature of the work affect how the law conceptualizes copyright claims, particularly in relation to fair use. Bridy is on Twitter at @AnnemarieBridy.

Hosted on Acast. See acast.com/privacy for more information.

Ilya Shapiro on the Privileges or Immunities Clause

Wed, 27 Feb 2019 00:44:39 GMT

In this episode, Ilya Shapiro, Director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, discusses his article "The Once and Future Privileges or Immunities Clause," which he co-authored with Josh Blackman, and which will be published in the George Mason Law Review. Shapiro explains the origin of the Privileges or Immunities Clause of the 14th Amendment and how it relates to the Due Process Clause. He describes the history of the Supreme Court's interpretation of the Privileges or Immunities Clause, and how the Reconstruction-era Court largely read it out of the Constitution in the Slaughterhouse Cases. And he reflects on the recent revival of interest in the Privileges or Immunities Clause, driven both by legal scholarship and by Justice Thomas's opinions in cases like McDonald v. Chicago. Shapiro is on Twitter at @ishapiro.

Hosted on Acast. See acast.com/privacy for more information.

Leslie Garfield Tenzer on Social Media and the Right to a Fair Trial

Tue, 26 Feb 2019 01:11:15 GMT

In this episode, Leslie Y. Garfield Tenzer, Professor of Law at the Elisabeth Haub School of Law at Pace University, discusses her article "Social Media, Venue and the Right to a Fair Trial," which will be published in the Baylor Law Review. Tenzer begins by explaining how venue works in criminal trials, and how it affects the due process right to an unbiased jury. She describes the history of change of venue in criminal trials, and how technological changes have affected judicial evaluation of bias. And she observes that courts have explicitly ignored social media in the bias analysis, even though it can have a significant impact on jurors. She argues that courts should take social media into account and consider how it affects the right to a fair trial. Tenzer is the host of the Law to Fact podcast, and is on Twitter at @ProfLGTenzer. Her scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 59: Senator Everett McKinley Dirksen, Gallant Men/The New Colossus (Statue of Liberty) (1967

Mon, 25 Feb 2019 23:46:15 GMT

In 1966, Senator Everett McKinley Dirksen (R-IL) (1896-1969), known by his detractors as "The Wizard of Ooze" for his unctuous demeanor, recorded an LP titled "Gallant Men: Stories of the American Adventure" for Capitol Records. It consisted of Dirksen intoning patriotic speeches about American history over a orchestral and choral accompaniment.

The record was an unexpected success, so in 1967, Capital released the title track "Gallant Men" as a single, with the previously unreleased track "The New Colossus (Statue of Liberty)" on the B-side. Gallant Men was written by Charles Wood and John Cacavas. The New Colossus (Statue of Liberty) was written by John Cacavas. Both tracks were arranged and conducted by John Cacavas. The single was produced by M.A. Mangum.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 58: Mark Lane, Rush to Judgment (1967)

Fri, 22 Feb 2019 14:00:26 GMT

On November 29, 1963, President Lyndon B. Johnson created the President's Commission on the Assassination of President Kennedy, or the "Warren Commission," to investigate the November 22, 1963 assassination of United States President John F. Kennedy. The Commission presented its final report to the President on September 24, 1964, and released it to the public on September 27.

Many people were unsatisfied with the Warren Commission's conclusion that Lee Harvey Oswald assassinated President Kennedy, acting alone. In 1966, American lawyer Mark Lane published the book "Rush to Judgment: A Critique of the Warren Commission's Inquiry into the Murders of President John F. Kennedy, Officer J.D. Tippit and Lee Harvey Oswald." Essentially, Lane argued that people other than Oswald participated in the assassination. The book was commercially successful, spending 29 weeks on the New York Times best-seller list.

In 1967, Mark Lane released this LP, titled "Rush to Judgment, with new insights on the assassination of President John F. Kennedy." It consists of Lane explaining his criticism of the Warren Commission's conclusions, with audience reactions. Here is the tracklist:

Part One: Introduction; The "Single Bullet" Theory, Including Two Lately-Discovered Medical Items, And The Commisssion's Inability To Examine All Revelant Data And Witnesses; The Zapruder Film

Part Two: Behaviour Of The FBI; Commission Zeal In Gathering Evidence; "Precisely Simulated" Re-Ennactment Of Shooting; Photographs Cropped, Suppressed, Doctored: Testimony Of Maj. Gen. Walker

FWIW I kinda love that there are a few skips in the LP. What did I cut out in order to fool my listeners?

Hosted on Acast. See acast.com/privacy for more information.

Adam Winkler on Corporate Rights

Fri, 22 Feb 2019 04:31:49 GMT

In this episode, Adam Winkler, Professor of Law at the University of California Los Angeles School of Law, discusses his excellent book, "We the Corporations: How American Businesses Won Their Civil Rights," which is published by W.W. Norton & Company. Winkler begins by describing the history of corporate law in the United States. Then he explains the evolution of the concept of corporate "personhood" and how it has meant different things at different points in time. He reflects on the reasons that corporate law and corporate rights have taken their current shape, and the ironic tension between corporate rights and responsibilities. And he considers how corporate law might be reformed in the future. Winkler is on Twitter at @adamwinkler.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Ventimiglia on Copyright in Sacred Works

Thu, 21 Feb 2019 02:45:37 GMT

In this episode, Dr. Andrew Ventimiglia, Postdoctoral Research Fellow at the TC Beirne School of Law, University of Queensland, Australia, discusses his new book, "Copyrighting God," which is published by Cambridge University Press. Ventimiglia begins by reflecting on the historical relationship between copyright and religion, and how in the modern era, religious organizations have bent copyright doctrine to their own purposes. He then discusses how particular religious organizations used copyright for their own purposes, focusing on the Urantia Foundation, Mary Baker Eddy and Christian Science, and the Church of Scientology. He closes with additional thoughts about how religious organizations are using copyright today, and what might happen in the future. Ventimiglia is on Twitter at @andrewvent.

Hosted on Acast. See acast.com/privacy for more information.

Blake Reid on Internet Accessibility

Wed, 20 Feb 2019 17:46:24 GMT

In this episode, Blake E. Reid, Associate Clinical Professor and Director of the Samuelson-Glushko Technology Law & Policy Clinic at the University of Colorado Law School, discusses his article "Internet Accessibility." Reid begins by describing the Americans with Disabilities Act, how it promotes accessibility, and how it has been applied to the Internet. In particular, he discusses the role of the "place" metaphor in structuring the application of the ADA to websites. He explains why considering both internal and external perspectives on the Internet may help implement accessibility reforms more effectively. And he discusses recent developments in accessibility policy at the FCC. Reid is on Twitter at @blakereid.

Hosted on Acast. See acast.com/privacy for more information.

Chris Bradley on Business Entities as Skeleton Keys

Tue, 19 Feb 2019 23:16:00 GMT

In this episode, Christopher G. Bradley, Assistant Professor of Law at the University of Kentucky College of Law, discusses his new article "Business Entities as Skeleton Keys." Bradley explains how business entities can enable contracting parties to achieve goals that contracts prohibit. He begins by describing the Artist's Contract, a form contract created in 1971, and intended to enable artists to contract for resale royalties in their works. He observes that contract and copyright doctrine make the Artist's Contract unenforceable, but explains how artists can use LLCs or other business entities to achieve a result that contract law prohibits. He discusses some other contexts in which LLCs could be used in the same way, and reflects on whether and when parties should be able to use business entities to avoid legal doctrines. Bradley is on Twitter at @cgbradley14.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 57: Senator Everett McKinley Dirksen, Man Is Not Alone (1967)

Mon, 18 Feb 2019 18:06:04 GMT

In 1967, Dirksen recorded this album for Capitol Records, titled "Man Is Not Alone," which consists of him discussing religion and his relationship with God, with a music accompaniment. The text was written by Dirksen and H. Paul Jeffers. The score was composed, arranged, and conducted by John Cacavas. The album was produced by Arch Lustberg and Charles Wood, and directed by Arch Lustberg. Here is the track list:

A1Man Is Not Alone2:40

A2In The Beginning2:55

A3The Word To Guide The Way2:33

A4The Shepherd And His Flock2:58

A5The Carpenter Came3:36

B1The Beatitudes3:47

B2The Greatest Thing In The World2:40

B3Prayer Of A Humble Man1:46

B4You Are The Captain Of Your Soul5:43

B5The Way Is Swift1:32

B6Epilogue1:44

Hosted on Acast. See acast.com/privacy for more information.

Aman Gebru on Traditional Knowledge as Prior Art

Sun, 17 Feb 2019 23:32:28 GMT

In this episode, Aman Gebru, Visiting Assistant Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law, discusses his article "Patents, Disclosure, and Biopiracy," which will be published in the Denver Law Review. Gebru begins by describing what traditional knowledge is and why it is important to innovation. He the explains the role of disclosure in the patent system and why it currently doesn't work well for traditional knowledge. Then he presents an alternative model for thinking about how the Patent Office should treat disclosure of traditional knowledge. And he explains why this alternative approach is likely to produce better results for both the people who hold traditional knowledge and the companies that want to use it. Gebru is on Twitter at @aman_gebru.

Hosted on Acast. See acast.com/privacy for more information.

Scott Dodson on the Justification for Diversity Jurisdiction

Sun, 17 Feb 2019 02:02:58 GMT

In this episode, Scott Dodson, Geoffrey C. Hazard Jr. Distinguished Professor of Law & Associate Dean for Research at University of California Hastings College of the Law, discusses his article "Beyond Bias in Diversity Jurisdiction," which will appear in the Duke Law Journal. Dodson begins by explaining what diversity jurisdiction does and why it exists. He discusses the "bias" rationale for diversity jurisdiction, and identifies why it is no longer compelling, if it ever was. But he also explains why diversity jurisdiction could still be good policy, even without the bias rationale. And he argues that moving past bias, and considering other possible justifications, could be beneficial. Dodson is on Twitter at @ProfDodson.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 56: Emile de Antonio & Mark Lane, Rush to Judgment (1967)

Sat, 16 Feb 2019 19:07:44 GMT

In 1967, Emile de Antonio produced and directed a documentary film based on Lane's book, titled "Rush to Judgment." Later that year, Vanguard released this LP, which is essentially the "soundtrack" album to the film.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 65: Senator Sam at Home (1973)

Sat, 16 Feb 2019 03:45:08 GMT

Senator Samuel James "Sam" Ervin Jr. (1896-1985) (D-N.C.) was a former lawyer and judge, who graduated from Harvard Law School. Ervin was a something of a paradox. He supported Jim Crow and segregation, and helped lead southern opposition to civil rights on constitutional grounds. But in other contexts, he was seen as a champion of liberal causes, opposing Senator Joseph McCarthy's House Un-American Activities Committee and leading the Watergate investigation that led to President Nixon's resignation. After his retirement from politics in 1974, Ervin returned to the practice of law.

in 1973, CBS records published the LP "Senator Sam at Home" which consists of Ervin delivering an assortment of anecdotes, pithy observations, jokes, and songs. His version of Simon & Garfunkel's song "Bridge Over Troubled Water" was unexpectedly popular, and was released as a 45, with the B-side "Zeke and the Snake." Here is the track list of "Senator Sam at Home":

A1Zeke And The Snake1:40

A2Friendship1:50

A3Bridge Over Troubled Water Written-By – Paul Simon 2:32

A4The Fault Of Conformity1:50

A5Southern Heroes ("Defeat May Serve") Written-By – Edwin Markham 1:50

A6If Written-By – Rudyard Kipling 1:50

A7.1Grow Tall, My Son Words By – Loonis McGlohon

A7.2Through The Years Music By – Al Ham

A8Cousin Sue And The U.D.C.1:23

A9The First Amendement1:05

A10John And Mandy And The Strikin' Clock2:53

A11Myself Written-By – Edgar A. Guest* 0:33

A12Philosophy Of Life2:02

B1The Hymn Book And Link Shaw's Singin'2:06

B2The Old Rugged Cross Arranged By – Al Ham Written-By – George Bennard 3:45

B3Thoughts On Religion ("More Faith In Honest Doubt") Written-By – Alfred Lord Tennyson 2:18

B4.1If I Had A Hammer Written-By – Lee Hays, Pete Seeger

B4.2America The Beautiful Arranged By – Al Ham

B5Comments: Elbert Hubbard, W. C. Fields, Josh Billings0:47

B6General Jim Leach And The Mount Vernon Hotel3:10

B7Country Ham0:10

B8Jus' Right Likker0:34

B9The Greatest Hunger Of The Human Heart2:56

B10Thoughts On Shakespeare0:30

B11Joshua1:34

B12The Drunk Driver1:04

B13God Give Us Men Written-By – Josiah Gilbert Holland 1:20

B14The Last Verse Of Our National Anthem Arranged By – Al Ham Written-By – Francis Scott Key 1:25

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 64: Everett McKinley Dirksen at Christmas Time (1967)

Thu, 14 Feb 2019 21:27:16 GMT

In 1967, Senator Everett McKinley Dirksen (R-IL), known by his detractors as "The Wizard of Ooze" for his unctuous demeanor, recorded this LP, titled "Everett McKinley Dirksen at Christmas Time." It was a follow-up to Dirksen's 1966 LP "Gallant Men: Stories of the American Adventure," which was an unexpected runaway success. In a similar vein, this record featured Dirksen reading a selection of popular Christmas stories and poems, over a musical accompaniment. The text was "written" by Dirksen and Charles Wood, the record was conceived by H. Paul Jeffers, produced and directed by Arch Lustberg, and released by Capitol Records. The music was written and performed by the John Cacavas Orchestra and Chorus. Here is the track list:

A1The First Time The Christmas Story Was Told2:35

A2I Heard The Bells On Christmas Day2:36

A3The Prophecy: He Is Coming3:04

A4Christ Has Come...Joy To The World!6:37

A5Shepherds Are Guided: Away In A Manger4:27

B1O Little Town of Bethlehem2:52

B2The Wise Men3:13

B3The Night Before Christmas5:20

B4Epilogue1:54

B5Silent Night2:34

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 63: Federal Trade Commission, Shop Wisely: Think Before You Buy (~1970-73)

Thu, 14 Feb 2019 15:00:20 GMT

In the early 1970s, the Federal Trade Commission published this album, which consisted of PSAs on various consumer protection issues, most of which were read by B-list celebrities: Shirley Jones, Leonard Nimoy, Karen Valentine, Sebastian Cabot, Burt Reynolds, Clu Gulager, Carol Burnett, Lloyd Haynes, and Beverly Garland. While the album is undated, it was accompanied by a letter from Chairman Miles Kirkpatrick, who served from September 1970 until February 1973. For more information, read this post by Chris Jay Hoofnagle.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 62: Everett Dirksen's America (1970)

Thu, 14 Feb 2019 01:09:05 GMT

In 1969, Dirksen recorded this album for Bell Records, titled "Everett Dirksen's America," which consists of him reciting the lyrics to assorted patriotic songs, over a choral accompaniment. Dirksen died on September 7, 1969, shortly after recording the album, which was considerably less successful than his debut LP. Here is the track list.

A1God Bless America2:13

A2Keep The Home Fires Burning3:39

A3You're A Grand Old Flag2:00

A4The Battle Hymn Of The Republic3:35

A5When Johnny Comes Marching Home1:44

A6America The Beautiful2:27

B1Yankee Doodle2:54

B2Tenting Tonight3:17

B3Yankee Doodle Boy2:14

B4Columbia The Gem Of The Ocean2:55

B5America2:47

B6Tribute To Apollo 2:38

Hosted on Acast. See acast.com/privacy for more information.

Michael Morley on "Nationwide Injunctions"

Wed, 13 Feb 2019 02:12:37 GMT

In this episode, Michael T. Morley, Assistant Professor of Law at Florida State University College of Law, discusses his article "Disaggregating Nationwide Injunctions." Morley begins by explaining what an injunction is, why courts grant injunctions, and what people mean when they refer to a "nationwide injunction." He provides a taxonomy of the different kinds of actions that people refer to as "nationwide injunctions" and describes the different policy issues presented by each kind of action. And he makes suggestions about how courts could adjudicate those actions in ways more consistent with broader principles of standing and federalism. Morley is on Twitter at @michaelmorley11 and his scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 61: G. Edward Griffin, A Second Look at the Supreme Court

Tue, 12 Feb 2019 05:08:48 GMT

In 1967, the John Birch Society published an LP of a speech delivered by G. Edward Griffin, titled "A Second Look at the Supreme Court." Among other things, Griffin questions the legitimacy of constitutional law, calls for the impeachment of Chief Justice Earl Warren, attacks the Supreme Court's criminal law jurisprudence, and explains the communist conspiracy to take over the United States government. At the time, Griffin was a speechwriter for Curtis LeMay, who was a candidate for Vice-President under George Wallace. Today, Griffin continues to promote an assortment of different conspiracy theories.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 60: Senator Everett McKinley Dirksen, Gallant Men: Stories of the American Adventure (1966)

Fri, 08 Feb 2019 14:00:17 GMT

In 1966, Senator Everett McKinley Dirksen (R-IL), known by his detractors as "The Wizard of Ooze" for his unctuous demeanor, recorded this LP, titled "Gallant Men: Stories of the American Adventure." The record was conceived and written by H. Paul Jeffers, produced and directed by Arch Lustberg, and published by Capitol Records. It features Dirksen opining on and reading historical political documents in his trademark style, over an original score composed, arranged, and conducted by John Cacavas.

Tracklist:

Prologue0:38
Gallant Men2:38
The Story Of The Mayflower And The Mayflower Compact4:14
The Story Of The Battle For Independence7:26
The Story Of The Flag6:09
The Star-Spangled Banner2:50
The Story Of Gettysburg5:24
The Gettysburg Address2:24
The Story Of The Statue Of Liberty4:55
Epilogue1:45
Pledge Of Allegiance To The Flag 4:55

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 59: The Nation's Nightmare, Crime on the Waterfront (1952)

Thu, 07 Feb 2019 14:00:06 GMT

In July 1951, CBS Radio Network began broadcasting the six-part radio series "The Nation's Nightmare." The series was written and produced by Irving Gitlin and narrated by CBS News announcer Bill Downs. Each episode consisted of audio recordings of "underworld figures, victims and law enforcement officials," with explanatory narration. Among other things, the episodes addressed illegal drugs and organized crime. CBS commissioned illustrations from Andy Warhol for its advertising campaign, including a striking drawing of a young man injecting heroin. CBS Radio Network rebroadcast it in September 1951. It was well-received, and received a Peabody Award.

In 1952, CBS Records released two episodes of "The Nation's Nightmare" on LP: "The Narcotic Evil" and "Crime on the Waterfront." The cover of the LP featured two drawings by Andy Warhol, for which Warhol received his first Art Directors Club Medal.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 58: The Nation's Nightmare, The Narcotic Evil (1952)

Wed, 06 Feb 2019 13:38:27 GMT

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 57: Alen Robin, "Supershrink" (1971)

Tue, 05 Feb 2019 13:39:20 GMT

In 1971, comedian Alen Robin released this LP, which purported to be a series of psychiatric sessions with famous political figures. Robin played the psychiatrist, and he used sound bites to fabricate responses from his "patients":

Humphrey
Thurmond
Rockefeller
Lindsay
Nixon
LBJ
Agnew
Buckley
Reagan
Daley

Hosted on Acast. See acast.com/privacy for more information.

Rachel Barkow on Criminal Justice Reform

Tue, 05 Feb 2019 00:34:17 GMT

In this episode, Rachel E. Barkow, Vice Dean and Segal Family Professor of Regulatory Law and Policy at New York University School of Law, discusses her new book, "Prisoners of Politics: Breaking the Cycle of Mass Incarceration," which will be published by Harvard University Press in March 2019. Barkow begins by explaining the problems with our criminal justice system, and how it satisfies neither the deterrence nor the retributive justifications for justification. Among other things, she provides specific examples of how it imposes punishments without public safety benefits or proportional justifications. Then she explains the political and institutional factors that caused our criminal justice system to go off the rails. And she closes with a series of suggestions about how it can be fixed. Barkow is on Twitter at @RachelBarkow.

Hosted on Acast. See acast.com/privacy for more information.

Brian L. Frye on Plagiarism Norms

Mon, 04 Feb 2019 05:23:17 GMT

Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law and Friend of the Show, is here to talk about what it means to be a teacher under plagiarism norms. In "Plagiarism is Not a Crime", he tackles the differences between the often-conflated copyright infringement and plagiarism and concludes plagiarism prohibition is not justified on its supporters' own terms. Here, we stretch the paper's ideas to divine what policy goals could possibly justify the cruel, career-ending repercussions of doing something that is not illegal; that is, a practice in service of extra-legal norms.

*Ipse Dixit* is your perpetual podcast on legal scholarship produced by Mike Overby, software engineer extraordinaire, podcaster, and Twitter-approved legal thinker.

Hosted on Acast. See acast.com/privacy for more information.

Janewa Osei-Tutu on Socially Responsible Corporate IP

Sun, 03 Feb 2019 20:29:17 GMT

In this episode, J. Janewa Osei-Tutu, Associate Professor of Law at Florida International University College of Law, discusses her article "Socially Responsible Corporate IP," which will be published in the Vanderbilt Journal of Entertainment and Technology Law. Osei-Tutu begins by describing the concept of "corporate social responsibility" and how it relates to the shareholder theory of the corporation. She then explains how different intellectual property regimes can conflict with social welfare and create obligations for corporations, using examples from Canada, Australia, and Ghana. And she closes by reflecting on why and how corporations should take social responsibility into account when managing and using different forms of intellectual property. Osei-Tutu is on Twitter at @ResponsibleIP and her scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 56: Judge Burton Kolman on the Experience of Becoming Blind (1966)

Thu, 31 Jan 2019 04:37:10 GMT

In 1966, the American Foundation for the Blind released a series of LPs titled "The Turning Point: A series of interviews with people who have become blind by Jo Anne Murphy." In this track, Judge Burton Kolman of Cook County, Illinois discusses his experience of becoming blind. Kolman suffered from Marfan Syndrome, a genetic mutation affecting connective tissue. Kolman was born blind in one eye, and lost his vision in his sighted eye when he was hit in the head by a baseball at 17. He graduated from DePaul University and DePaul University College of Law, and eventually became a Cook County judge. Sadly, he died at 34 from complications related to Marfan Syndrome.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 55: Orson Welles, The Begatting of the President (1970)

Wed, 30 Jan 2019 02:17:50 GMT

On August 1, 1970, Mediarts Records released the LP "The Begatting of the President," a satirical retelling of the story of LBJ's presidency and Nixon's election, told in the style of a Biblical narrative. The script was written in 1969 by Myron Roberts, Lincoln Haynes, and Sasha Gilien, and was also published as a book. The album was narrated by Orson Welles and Luchi de Jesus provided incidental music.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 54: The Wit and Wisdom of Watergate (1973)

Tue, 29 Jan 2019 07:05:40 GMT

In 1973, Pacifica Radio released an LP titled "The Wit and Wisdom of Watergate." It consisted of excerpts from audio recordings of the Watergate hearings, narrated by Mike Hodel.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 53: Lyndon Baines Johnson, Time of Justice (1965)

Mon, 28 Jan 2019 15:25:02 GMT

On March 15, 1965, President Lyndon Baines Johnson spoke before a joint session of Congress, urging it to pass legislation guaranteeing voting rights. Johnson's speech led to the passage of the Voting Rights Act, which he signed into law on August 6, 1965. This LP consists of excerpts from Johnson's March 15, 1965 speech.

Hosted on Acast. See acast.com/privacy for more information.

Albertina Antognini on Nonmarital Coverture

Mon, 28 Jan 2019 00:57:56 GMT

In this episode, Albertina Antognini, Associate Professor of Law at the University of Arizona James E. Rogers College of Law, discusses her draft article "Nonmarital Coverture." Antognini begins by describing the legal concept of coverture and its relationship to the historical concept of marriage and family. Then she explains how the concept of coverture continues to shape modern family law. And she argues that we need to understand how historical concepts of interpersonal relationships shape the ideology of contemporary family law. Antognini's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 52: Four Days That Shocked the World (1963)

Sun, 27 Jan 2019 22:16:38 GMT

In December 1963, Herbert Sussan produced this LP for United Press International, titled "The Actual Voices and Events of Four Days That Shocked the World, Nov. 22-25, 1963: The Complete Story." The recording is a documentary history of the assassination of President John F. Kennedy, created within weeks of his death. The narrator is Reid Collins of WNEW news.

Hosted on Acast. See acast.com/privacy for more information.

Saurabh Vishnubhakat on Patent Office Policymaking

Sat, 26 Jan 2019 22:57:48 GMT

In this episode, Saurabh Vishnubhakat, Associate Professor of Law at the Texas A&M University School of Law and Dwight Look College of Engineering, discusses his article "Disguised Patent Policymaking." Vishnubhakat begins by describing the history and structure of the Patent Office, focusing on its adjudicatory role. Among other things, he discusses the origins and function of ex parte and inter partes review of issued patents. He then explains how the Patent Office has used adjudication to engage in de facto rulemaking. He argues that in the interest of transparency and predictability, the Patent Office should promulgate rules directly, rather than entrench them through panel packing and assertions of unreviewability. Vishnubhakat is on Twitter at @emptydoors.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 51: Supreme Court Cases Second Series, Abrams v. U.S. (1963)

Sat, 26 Jan 2019 14:00:11 GMT

In 1962, Professor Fred Rodell of Yale Law School, the "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases for the "Second Series" of his "Supreme Court Cases" recordings. The scripts were directed by S.P. Puner, performed by John Randolph, Jack Curtis, and Martin Wolfson, and released on LP by Educational Audio Visual, Inc. in January 1963.

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Abrams v. U.S. (1919) was written by Fred Louis, who later became a corporate lawyer in Chicago.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 50: Supreme Court Cases Second Series, Lochner v. New York (1963)

Fri, 25 Jan 2019 14:00:15 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Lochner v. N.Y. (1905) was written by Fred Louis, who later became a corporate lawyer in Chicago.

Hosted on Acast. See acast.com/privacy for more information.

Carys Craig on Critical Approaches to Copyright Theory

Thu, 24 Jan 2019 17:51:03 GMT

In this episode, Dr. Carys J. Craig, Associate Professor of Law at Osgoode Hall Law School, discusses her article "Critical Copyright Law and the Politics of 'IP'," which will be published in Research Handbook on Critical Legal Theory by Edward Elgar Press. Craig begins by describing the origins and premises of critical legal studies. Then she describes the conventional theories of intellectual property and copyright, and how legal realism and critical legal studies questioned the premises of both. She also discusses the various critical approaches to copyright theory, and the different critiques they offer of both of the prevailing theories of copyright. Craig is on Twitter at @CraigCarys.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 49: Supreme Court Cases Second Series, U.S. v. E.C. Knight (1963)

Thu, 24 Jan 2019 14:00:16 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for U.S. v. E.C. Knight (1895) was written by Jim Simon, who later became a notable scholar of constitutional law and the Dean of New York Law School.

Hosted on Acast. See acast.com/privacy for more information.

W. Bradley Wendel on the History of Philosophical Legal Ethics

Thu, 24 Jan 2019 01:36:04 GMT

In this episode, W. Bradley Wendel, Associate Dean for Academic Affairs and Professor of Law at Cornell Law School, discusses his article "Philosophical Legal Ethics: An Affectionate History," which he co-authored with David Luban of Georgetown University Law Center, and which appeared in the Georgetown Journal of Legal Ethics. Wendel begins by describing the first and second waves of philosophical legal ethics scholarship. He explains the normative concerns that animated the first wave of legal ethics scholarship, and responses to its criticisms. And he reflects on the emergence of second wave legal ethics scholarship, and how it reframed the inquiry into legal ethics. Wendel's scholarship is available on SSRN.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 48: Supreme Court Cases Second Series, Civil Rights Cases (1963)

Wed, 23 Jan 2019 14:21:24 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Civil Rights Cases (1883) was written by Earl Shapiro, who later became a successful business executive in Chicago, and a donor to the University of Chicago and Art Institute of Chicago.

Hosted on Acast. See acast.com/privacy for more information.

Mehrsa Baradaran on Black Banks & the Racial Wealth Gap

Wed, 23 Jan 2019 04:17:28 GMT

In this episode, Mehrsa Baradaran, Associate Dean for Strategic Initiatives & Robert Cotten Alston Associate Chair in Corporate Law at the University of Georgia School of Law, discusses her book, "The Color of Money: Black Banks and the Racial Wealth Gap," which was published by Harvard University Press. Baradaran begins by describing both the conventional wisdom on the history of African-American banks and the very different reality. She explains how discrimination and lack of access to capital have hamstrung African-American banks time and time again, focusing on particular examples of how white economic power undermined the viability of black institutions. And she reflect on the co-optation of black nationalism by the concept of black capitalism. She closes by arguing that structural inequality can be remedied only by redistribution. Baradaran is on Twitter at @MehrsaBaradaran.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 47: Supreme Court Cases Second Series, Slaughter House Cases (1963)

Tue, 22 Jan 2019 13:36:15 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Slaughter House Cases (1873) was written by Harry Seay.

Hosted on Acast. See acast.com/privacy for more information.

Christopher Sprigman on Data-Driven Authorship

Mon, 21 Jan 2019 21:26:11 GMT

In this episode, Christopher Jon Sprigman, Professor of Law at NYU School of Law, discusses his new article "The Second Digital Disruption: Data, Algorithms & Authorship in the 21st Century," which he co-authored with Kal Raustiala. Sprigman describes his consequentialist approach to copyright law and policy, and uses it to focus on recent developments in the production of works of authorship. Specifically, he explains how the pornography industry has collected and managed data about the preferences of its customers to provide them with the content they want to consume, and determine what kinds of content to produce. He reflects on how the pornography industry's use of data is migrating throughout the copyright sector. And he speculates on what this new "disruption" may mean for authorship and creativity in the future. Sprigman is on Twitter at @CJSprigman.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 46: The Voice of Greatness, Dr. Martin Luther King with the Clara Ward Singers (1971)

Mon, 21 Jan 2019 14:00:28 GMT

In 1971, Benash Record Company, Limited of London, England, released this commemorative LP, featuring excerpts from seven of Dr. Martin Luther King, Jr.'s most famous speeches, interspersed with gospel songs performed by the Clara Ward Singers. The excerpted speeches are identified as:

Early Days
Back to the Valley
Free at Last
Dr. King's Own Eulogy
Be the Best
I Have a Dream
Top of the Mountain

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 45: Supreme Court Cases Second Series, Legal Tender Cases (1963)

Mon, 21 Jan 2019 09:47:12 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Legal Tender Cases (Knox vs. Lee, Parker vs. Davis) (1871) was written by Fred Louis.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 44: Supreme Court Cases, Ex Parte Milligan (1963)

Sun, 20 Jan 2019 22:16:08 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Ex Parte Milligan (1866) was written by Robert Belzer.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 43: Supreme Court Cases, Mississippi v. Johnson (1963)

Sat, 19 Jan 2019 14:00:27 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Mississippi v. Johnson (1867) was written by Ed Bennett.

Hosted on Acast. See acast.com/privacy for more information.

David Eil on Moving from Economics to Law

Fri, 18 Jan 2019 23:51:28 GMT

In this episode, David Eil, a former economics professor at George Mason University and current law student at Columbia Law School, discusses his experience of moving from one discipline to another and from one side of the podium to the other. Among other things, he describes why he decided to leave economics and attend law school, and how his background in economics has informed his experience of law school. Eil is on Twitter at @economistified.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 42: Supreme Court Cases, Chisholm v. Georgia

Fri, 18 Jan 2019 13:51:13 GMT

According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Chisholm v. Georgia (1793) was written by Barbara Babcock, who became a professor at Stanford Law School.

Hosted on Acast. See acast.com/privacy for more information.

Charlotte Tschider on Consent & Choice in Health Data

Fri, 18 Jan 2019 02:16:57 GMT

In this episode, Charlotte Tschider, Jaharis Faculty Fellow in Health Law and Intellectual Property at DePaul University College of Law, discusses her article "The Consent Myth: Improving Choice for Patients of the Future," which will appear in the Washington University Law Review. Tschider briefly describes the history of data privacy regulation and how the current regulatory regime struggles to account for new technologies that collect and process massive amounts of data. She explains why the concept of "consent" cannot fully account for patient expectations relating to data privacy, and should be replaced by an expectation of "choice." She closes by outlining a set of principles we should consider when creating data privacy policy. Tschider is on Twitter at @cybersimplesec.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 41: Supreme Court Cases, Brown v. Board of Education (1961)

Thu, 17 Jan 2019 18:04:18 GMT

In 1960, Professor Fred Rodell of Yale Law School, "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases. The scripts were directed by David Allen, performed by David Allen, Paul Sparer, and Jack Curtis, and released on LP by Educational Audio Visual, Inc. According to the record sleeve:

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Brown v. Board of Education (The Segregation Cases) (1954) was written by Harrison J. Goldin, who later served in the New York State Senate from 1966 to 1973, and as New York City Comptroller from 1974 to 1989. In 1989, Goldin ran for Mayor of New York City, but was defeated in the Democratic primary by David Dinkins.

Hosted on Acast. See acast.com/privacy for more information.

Jacob Rooksby on Becoming a Law School Dean

Thu, 17 Jan 2019 00:49:15 GMT

In this episode, Jacob H. Rooksby, Dean of Gonzaga University School of Law, Professor of Law, and Professor of Education, discusses his experiences pursuing a deanship and becoming a dean. Rooksby became the Dean of Gonzaga Law in June 2018. He describes his background and experiences as a professor, and how he became interested in law school administration. He explains how he prepared to look for a deanship and how he prepared to become a dean. He also reflects on what he has learned on the job so far, and on his philosophy of law school administration. Rooksby is on Twitter at @jacobrooksby.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 40: Supreme Court Cases, NLRB v. Jones & Laughlin Steel Corp. (1961)

Wed, 16 Jan 2019 14:00:25 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937) was written by Zane Klein, who among other things served on the board of NYC's Municipal Assistance Corp. from 1975-80.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 39: Supreme Court Cases, Schechter v. The United States (1961)

Tue, 15 Jan 2019 14:00:59 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Schechter v. The United States (The National Industrial Recovery Act Case) (1935) was written by William J. Brennan III, the son of Justice Brennan, who later became the President of the New Jersey State Bar Association.

Hosted on Acast. See acast.com/privacy for more information.

Derek Miller on the History of the Performance Right

Tue, 15 Jan 2019 03:49:37 GMT

In this episode, Derek Miller, John L. Loeb Associate Professor of the Humanities at Harvard University, discusses his new book, "Copyright and the Value of Performance, 1770-1911," which is published by Cambridge University Press. Miller provides a comprehensive history of the origins and development of the concept of copyright in performance. Among other things, he explains the dialectical relationship between the social and economic "value" of performance in historical context, and how the law reified performance, transforming it from propriety into property. He describes the social entrepreneurs who pioneered the concept of owning performance, and the legal disputes in which courts defined the ontology of drama. And he reflects on how the tension between social and economic value persists in the contemporary concept of the performance right. Miller is on Twitter at @DerekKMiller.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 38: Supreme Court Cases, Powell v. Alabama (1961)

Mon, 14 Jan 2019 14:00:18 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Powell v. Alabama (1932) was written by Paul N. Klotz.

Hosted on Acast. See acast.com/privacy for more information.

Wesley Hottot on Timbs v. Indiana & the Excessive Fines Clause

Sun, 13 Jan 2019 23:03:31 GMT

In this episode, Wesley Hottot, a Senior Attorney at the Institute for Justice, discusses the pending Supreme Court case Timbs v. Indiana, in which he represented the petitioner, Tyson Timbs. Hottot describes the background of the case and explains the constitutional issue at stake: Whether the Eighth Amendment's Excessive Fines Clause is incorporated against the states. He discusses the process of briefing the case and preparing for the oral argument, and reflects on the experience of arguing before the court. More information about Tyson Timbs and his case against Indiana is available on the Institute for Justice website here. Hottot is on Twitter at @thehottot.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 37: Supreme Court Cases, Farmers' Loan and Trust Company v. Pollock (1961)

Sun, 13 Jan 2019 14:00:15 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Farmers' Loan and Trust Company v. Pollock (1895) was written by Bruce Hart, who became an author and composer, and is best-known as a lyricist for Sesame Street.

Hosted on Acast. See acast.com/privacy for more information.

Anthony Kreis on the History of the Law of Sexuality & Gender

Sat, 12 Jan 2019 18:28:08 GMT

In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at the Chicago-Kent College of Law discusses his new article, "Anxious Masculinity: American Homophobia and the Third Sex." Kreis describes the "confusion" at the heart of the law of sexuality, and ties it to the history of the concept of gender. He describes the evolution of the policing of gender norms through American history, and the emergence of the concept of the "third sex" to describe LGBTQ identities. He explains how this concept shaped the modern law of sexuality, and how that law can and should be reformed to reflect its history. Kreis's scholarship is available on SSRN. He is on Twitter at @AnthonyMKreis.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 36: Supreme Court Cases, Munn v. Illinois (1961)

Sat, 12 Jan 2019 14:00:04 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Munn v. Illinois (The Granger Cases) (1877) was written by Marshall S. Blonsky, who is currently a professor at the New School University.

Hosted on Acast. See acast.com/privacy for more information.

David Ziff on Learning to Love the Bluebook

Fri, 11 Jan 2019 22:42:38 GMT

In this episode, David J.S. Ziff, Director of the Legal Writing Program and Senior Law Lecturer at the University of Washington School of Law, discusses his article "Book Review of The Bluebook: A Uniform System of Citation—The Worst System of Citation Except for All the Others," which was published in the Journal of Legal Education. Ziff provides a brief history of the Bluebook, the ubiquitous guide to legal citation that everyone loves to hate, and explains why efforts to replace it have all failed. Among other things, he observes that the complexity of the Bluebook may be its greatest strength, and reflects on how it can and should change in the future. Ziff is on Twitter at @djsziff. He provided the following citation to helpful sources!

Hosted on Acast. See acast.com/privacy for more information.

John Culhane on Reconciling Freedom of Expression & Anti-Discrimination

Fri, 11 Jan 2019 22:17:16 GMT

In this episode, John Culhane, Professor of Law and Co-Director of the Family Health Law & Policy Institute at Widener University Delaware Law School, discusses his article "The Right to Say, But Not to Do: Balancing First Amendment Freedom of Expression with the Anti-Discrimination Imperative," which was published in the Widener Law Review. Culhane reflects on the inherent tension between the values of freedom of expression and anti-discrimination, which the Supreme Court recently tried and failed to reconcile in Masterpiece Cakeshop v. Colorado Civil Rights

Commission. He observes that existing proposals to balance those competing values are impractical and unworkable, and suggests that the answer may be more speech, not less. Culhane is on Twitter at @johnculhane.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 35: Supreme Court Cases, Dred Scott v. Sandford (1961)

Fri, 11 Jan 2019 14:00:31 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Dred Scott v. Sandford (1857) was written by A.B. Glickman, who became a civic leader in Cleveland, Ohio, and an adjunct professor at Case Western Reserve University School of Law.

Hosted on Acast. See acast.com/privacy for more information.

Amanda Levendowski on Copyright & AI's Implicit Bias Problem

Fri, 11 Jan 2019 00:55:20 GMT

In this episode, Amanda Levendowski, a Clinical Teaching Fellow with the Technology Law & Policy Clinic at NYU Law, discusses her article "How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem," which was published in the Washington Law Review. Levendowski explains that "artificial intelligence" algorithms use "machine learning" to create heuristics for solving problems, but need large data sets in order to work. Unfortunately, many widely available and heavily used datasets have pernicious biases built into them. Copyright can discourage companies from using alternative data sets that would reduce those biases. But Levendowski argues that some copyright doctrine, especially fair use, might reduce the "friction" created by copyright and help companies create better AI. You can read more about Levendowski's work in these articles. Levendowski is on Twitter at @levendowski.

Hosted on Acast. See acast.com/privacy for more information.

Zvi Rosen on the History of Copyright Registration

Thu, 10 Jan 2019 22:08:15 GMT

In this episode, Zvi S. Rosen, Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law, discusses his article "An Empirical Study of 225 Years of Copyright Registrations," which he co-authored with Richard Schwinn, Research Economist at the U.S. Small Business Administration Office of Advocacy. Rosen and Schwinn's article "presents the first complete record of US copyright registrations from 1790 through 2015, using all available records of registrations and renewals to paint a picture of copyright law and its intersection with creativity and the economy." Rosen describes how the process of copyright registration and the nature of works registered has changed over time. And he explains how the data he and Schwinn collected and analysed sheds new light on the history of the creation of works of authorship in the United States. Rosen is on Twitter at @zvisrosen. His scholarship is available on SSRN. And he blogs at "Mostly IP History."

Hosted on Acast. See acast.com/privacy for more information.

Jill Wieber Lens on Tort Law's Devaluation of Stillbirth

Thu, 10 Jan 2019 21:34:59 GMT

In this episode, Jill Wieber Lens, Associate Professor of Law at the University of Arkansas Fayetteville, discusses her article "Tort Law's Devaluation of Stillbirth." Lens describes the death of her son Caleb in stillbirth and the pain caused by her loss. She explains that stillbirth is far more common than people realize, and that many stillbirths are preventable and tortious. However, the tort law of many states devalues and fails to adequately compensate people whose children die in stillbirth for their loss. Lens also explains why recognizing stillbirth as the death of a child does not present a threat to abortion rights. Lens is on Twitter at @jillwieberlens.

Keywords: stillbirth, wrongful death, tort law, negligence, feminist legal theory, pregnancy loss, abortion, gender

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 34: Supreme Court Cases, Gibbons v. Ogden (1961)

Thu, 10 Jan 2019 14:00:41 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Gibbons v. Ogden (1824) was written by Steve Duke, who is currently a professor of law at Yale Law School.

Hosted on Acast. See acast.com/privacy for more information.

Carissa Byrne Hessick on the Myth of Common Law Crimes

Thu, 10 Jan 2019 01:33:34 GMT

In this episode, Carissa Byrne Hessick, Ransdell Distinguished Professor of Law and Director of the Prosecutors and Politics Project at the University of North Carolina School of Law, discusses her article "The Myth of Common Law Crimes," which will appear in the Virginia Law Review. Hessick argues that there are two myths about "common law crimes" - first, that they no longer exist, and second, that they are inferior to codification. She points out that our criminal justice system is rife with literal and de facto common law crimes. Not only do many states still recognize common law crimes or incorporate them into their criminal codes, but also broadly drafted and interpreted criminal codes effectively give police and prosecutors much of the discretion that judges had to define common law crimes. Hessick points out that the supposed benefits of codification have never materialized, and that our criminal justice system has actually gotten worse since the putative abandonment of common law crimes, not better. Hessick is on Twitter at @CBHessick.

Keywords: criminal law, conventional wisdom, separation of powers, due process, democratic accountability

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 34: Supreme Court Cases, McCulloch v. Maryland (1961)

Wed, 09 Jan 2019 14:00:57 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for McCulloch v. Maryland (1819) was written by Harry Subin, who became a professor at NYU School of Law.

Hosted on Acast. See acast.com/privacy for more information.

Orin Kerr on Implementing Carpenter and the Digital Fourth Amendment

Wed, 09 Jan 2019 01:20:47 GMT

In this episode, Orin Kerr, Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law, discusses his article, "Implementing Carpenter," which is part of his forthcoming book The Digital Fourth Amendment. Kerr describes what happened in the paradigm-shifting Supreme Court case Carpenter v. United States (2018), and why it was such a departure from prior Fourth Amendment jurisprudence. He observes that there is considerable uncertainty about how Carpenter will apply in future cases, and discusses three potential approaches: subjective, mosaic, and source. He explains why the source approach is the only one that is workable, and reflects on where the Supreme Court's Fourth Amendment jurisprudence will go in the future. Kerr is on Twitter at @OrinKerr and blogs at The Volokh Conspiracy, among other places.

Keywords: Fourth Amendment, CSLI, Cell-Site, Carpenter, Surveillance

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 33: Supreme Court Cases, Dartmouth College v. Woodward (1961)

Tue, 08 Jan 2019 14:00:47 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Dartmouth College v. Woodward (1819) was written by B.A. Phillips.

Hosted on Acast. See acast.com/privacy for more information.

Christopher Terry on Reforming Broadcast Media Regulation

Tue, 08 Jan 2019 03:40:33 GMT

In this episode, Christopher R. Terry, Assistant Professor of Media Law and Ethics at the University of Minnesota Hubbard School of Journalism and Mass Communication, discusses his article "Localism as a Solution to Market Failure: Helping the FCC Comply with the Telecommunications Act," which will appear in the Federal Communication Law Journal. Terry discusses the history of telecommunications regulation, and how the FCC's priorities have changed over time. He explains why the FCC's focus on competition is a mistake. And he argues that focusing on localism would produce better results, and enable the FCC to do its job. Terry is on Twitter at @ChristopherTerr.

Keywords: Telecommunications, Regulation, Economics

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 32: Supreme Court Cases, Marbury v. Madison (1961)

Tue, 08 Jan 2019 00:18:05 GMT

The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.

The script for Marbury v. Madison (1801) was written by Allan Blackman.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 31: Integrated Education, Brown v. Board of Education (1970)

Sun, 06 Jan 2019 14:00:47 GMT

In the late 60s and early 70s Scholastic Magazines Inc.'s Enrichment Materials Inc. label released the "American Document" series of records, which dramatized historical documents for educational purposes. Record No. 18 presented the Supreme Court cases Plessy v. Ferguson (1896) and Brown v. Board of Education (1954). The records were produced by Martha Huddleston, directed by Bob Bell, and scripted by Elise Bell. The records included a study guide with additional information and suggested questions.

Side B is titled "Integrated Education: U.S. Supreme Court, Brown v. Bd. of Educ. of Topeka, 1954." It features narration by Peter A. Douglas, Roy Heatherton as Chief Justice Warren, songs performed by Lorenz Graham and others, and sound effects by Ralph Curtiss.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 30: American Document, Black and White: Separate v. Equal (Plessy v. Ferguson) (1970)

Sat, 05 Jan 2019 20:28:26 GMT

In the late 60s and early 70s Scholastic Magazines Inc.'s Enrichment Materials Inc. label released the "American Document" series of records, which dramatized historical documents for educational purposes. Record No. 18 presented the Supreme Court cases Plessy v. Ferguson (1896) and Brown v. Board of Education (1954). The records were produced by Martha Huddleston, directed by Bob Bell, and scripted by Elise Bell. The records included a study guide with additional information and suggested questions.

Side A is titled "Black and White: Separate but Equal, U.S. Supreme Court, Plessy v. Ferguson, 1896." It features narration by Peter A. Douglas and songs performed by Lorenz Graham and Ray Heatherton.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 29: Walter E. Hurst, LAW, YOU and... DIVORCE (1968)

Fri, 04 Jan 2019 16:13:04 GMT

In 1968, Hollywood-based attorney Walter E. Hurst released the "Law, You and..." series of records, intended to educate the public about various legal topics, as well as serving as an advertisement for the law practice of "$40 an hour Hollywood Attorney Walter E. Hurst." The records consisted of a simulated consultation between Hurst and a "client," offering instruction on the law in a particular subject area. Apparently, Hurst released records on divorce, narcotics, auto accidents, illegal sex, and crime. The records were released by "LAW.U RECORDS, a division of 7 Arts Press, Inc., 6000 Sunset Boulevard, Hollywood, California 90028," presumably Hurst's own label. Hurst also published many self-help legal instruction books on the music and motion picture industries.

"Law, You and... Divorce" obviously covers the subject of divorce. According to the record cover:

This is a recorded simulated interview between client and attorney telling you what you should know about filing for divorce: your rights, your obligations, and your costs.

This record will save you money BECAUSE you will learn the basics of your law case as you listen to an initial interview with $40.00 per hour attorney WALTER E. HURST the man from Law-U involving data, facts and how the law applies to you from opening fact-gathering to legal fees.

Through this Recording you will learn about your case as if you were being interviewed by your attorney. The basic facts will be explored and you will listen to the questions and answers and apply them to your own case. You will learn step-by-step procedures that are necessary to prepare your own particular case. And how much it may cost you.

Here is a practical understanding of what you need to know — an education that could help you — exactly as if you were sitting in my office and I was giving you my time at $40.00 an hour.

By listening to this record, you will be able to save yourself money, and also save much time for your attorney, time he can use to help your case.

This recording is not meant to serve as a substitute for the practical services of an attorney. It is to acquaint you with what you will need to know in order to prepare yourself and your attorney. The recording also familiarizes you with what kind of a case you may have before you consult an attorney.

All this is important. You should understand that your case requires knowledge, including:

Layman-level knowledge that the listener should have, because each citizen should know as much as possible to understand his own case, and:

Expert-level knowledge, because our society is complex — and so is your life!

You are invited to listen to the recording before you consult your own attorney.

The record came with a booklet that offered further information, including illustrations, sample forms, and an order form for more titles from the "Law, You and..." series.

More information about this record and a download link are available here.

Hosted on Acast. See acast.com/privacy for more information.

Charbel Barakat on The Law of Jeopardy!

Fri, 04 Jan 2019 01:13:52 GMT

In this episode, Charbel J. Barakat, Chief Counsel for the Florida region for D.R. Horton, Inc. and recent Jeopardy! champion discusses "the law of Jeopardy!" Among other things, Barakat describes the process of becoming a Jeopardy! contestant, and how he prepared to compete. He also describes the legal history of American game shows, how scandals in the 1960s led to federal regulation of game shows, and how regulation led Merv Griffin to create Jeopardy! Barakat also explains the range of disclosures, releases, and agreements between the production company and the competitors, which address who can compete, what they can say, and when they can disclose what happened on the show. Barakat first appeared on Jeopardy! on December 24, 2018, winning more than $30,000. On December 25, he narrowly lost, but made a great showing.

If you are interested in the history of Jeopardy! check out J! Archive. And if you are interested in Jeopardy! strategy, check out the Jeopardy! subreddit. Barakat is on Twitter at @CharbelB.

Keywords: Regulation, entertainment, scholarship

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 28: Power of Attorney, "He Is My Lawyer"

Tue, 01 Jan 2019 14:00:19 GMT

In 1985, the New York attorney Aaron Richard Golub wrote the lyrics for a dance/rap song titled "He Is My Lawyer," during a "20-minute fit of inspiration." It was a response to Jackson Browne's song "Lawyers in Love" (1983), which Golub felt unfairly maligned the members of the bar as "exploitative and shallow." Golub formed a band, which he named "Power of Attorney," and recorded 3 versions of "He Is My Lawyer" in 1986, with music by Lisa Nardi and arrangement by Andy Marvel. Golub released the song as a 12" single on his own label, Golub Music. Members of the band included Golub's friend, the actor Jerry Orbach, and Golub's then-wife, the actor Marisa Berenson. Golub also directed and starred in a music video for the song, which featured Orbach and Berenson.

Golub has had a colorful career, representing clients including Donald Trump, Christie Brinkley, Yasmin Khan, and Cornelia Guest, among many others. And he is equally colorful himself, resembling a character from a Wes Anderson film brought to life. He is currently considered one of the most powerful lawyers in the art world.

This 12" single of "He Is My Lawyer" includes 3 tracks:

"He Is My Lawyer" (Long Version)
"He Is My Lawyer" (Short Version)
"He Is My Lawyer" (Dub Version)

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 27: Theodore Roosevelt, The Right of the People to Rule (1912)

Mon, 31 Dec 2018 14:00:30 GMT

In August 1912, former President Theodore Roosevelt Jr. recorded a speech titled "The Right of the People to Rule" for the Edison Recording Company. Roosevelt had recently lost the Republican nomination for President to William Howard Taft, and founded the Progressive or "Bull Moose" Party to run as its nominee. He ultimately split the Republican vote and caused the election of Woodrow Wilson.

In his speech, Roosevelt extols the virtues of democracy and objects to reactionary conservatives. Among other things, he argues that the failure to listen to the voice of the people led to the failure of the French revolution.

This recording is part of the Library of Congress, "Theodore Roosevelt: His Life and Times on Film" collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 26: Warren G. Harding, Liberty Under the Law (1920)

Sun, 30 Dec 2018 14:00:44 GMT

On August 6, 1920, in New York City, Senator Warren G. Harding of Ohio recorded a speech titled "Liberty Under the Law" for the Columbia Graphophone Manufacturing Company's "Nation's Forum" label. This is take 1, which was released by Nation's Forum. In his speech, Harding objects to Communism as a threat to freedom and the Constitution, and argues that the risk justifies crushing sedition.

This recording is part of the Library of Congress, "American Leaders Speak: Recordings from World War I" collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 25: Samuel Gompers, Labor's Service to Freedom (1918)

Sat, 29 Dec 2018 14:00:36 GMT

On January 16, 1918, in New York City, American Federation of Labor President Samuel Gompers recorded a speech titled "Labor's Service to Freedom" for the Columbia Graphophone Company's "Nation's Forum" label. Gompers recorded at least 2 takes. This is the second take, which was published by Nation's Forum. In the speech, Gompers expresses the AFL's support for the United States war effort, and explains why it is necessary to victory.

This recording is part of the Library of Congress, "American Leaders Speak: Recordings from World War I" collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 24: Calvin Coolidge, Law & Order (1920)

Fri, 28 Dec 2018 14:00:56 GMT

On March 2, 1920, in New York City, Governor Calvin Coolidge of Massachusetts recorded a speech titled "Law and Order" for the Columbia Graphophone Company's "Nation's Forum" label. Coolidge recorded 7 takes, and released take 4 as "Nation's Forum 7." This is the unpublished first take.

In 1920, Coolidge was elected Vice-President of the United States, under President Warren G. Harding. When Harding died of a heart attack on August 2, 1923, Coolidge became President. In 1924, Coolidge was elected President. He chose not to run for a second term in 1928.

This recording is from the Library of Congress, "American Leaders Speak: Recordings from World War I" collection.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 23: William H. Taft, "Jury Trial in Contempt Cases" (1908)

Thu, 27 Dec 2018 14:00:21 GMT

In 1908, William Howard Taft (September 15, 1857 to March 8, 1930) was the Secretary of War under President Theodore Roosevelt, when he received the Republican nomination for President. After delivering his acceptance speech in Cincinnati, he traveled to Virginia Hot Springs, arriving on the morning of August 1.

Walter H. Miller and George H. Werner of the Edison Recording Department were there to record Taft delivering some of his speeches. That evening, Miller and Werner recorded Taft delivering 12 speeches, each about 2 minutes long, which were released as Edison records. This speech, opposing a Democratic proposal for jury trial in cases of contempt of court, was released as Edison Record: 10005.

Taft was elected and served as President from 1909 to 1913. He was later appointed Chief Justice of the Supreme Court in 1921 and served until 1930. As Chief Justice he wrote the opinion of the Court in Ex parte Grossman, 267 U.S. 87 (1925), holding that the President can pardon criminal contempt of court.

This recording is from the UCSB Cylinder Audio Archive.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 22: William Cahill, "Dinnie Donohue, On Prohibition" (1921)

Wed, 26 Dec 2018 14:00:10 GMT

This comic monologue on Prohibition by William Cahill as "Dinnie Donohue" was originally released in 1921 as an Edison Blue Amberol cylinder and was re-released as an Edison Diamond Disc. Unsurprisingly, he is not in favor. This recording is from the UCSB Cylinder Audio Archive.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 21: Charlie Manna, "Supreme Court" (1966)

Tue, 25 Dec 2018 14:00:51 GMT

Charlie Manna (October 6, 1920 to November 9, 1971) was an Italian-American standup comedian from New York, who was popular in the 1960s. He often appeared on television variety shows, and performed at venues in New York and elsewhere.

In 1966, Manna released an LP titled "The Rise & Fall of the Great Society on Verve Records. The record consisted of 9 comedy routines. This is the first, titled "Supreme Court." It satirizes the Supreme Court's obscenity jurisprudence of the 1960s, especially its decision in A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts, 383 U.S. 413 (1966), better known as the "Fanny Hill" case.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 20: Emile de Antonio & Daniel Talbot, Point of Order! (1964)

Mon, 24 Dec 2018 14:00:39 GMT

In the 1940s and early 50s, Republican Senator Joseph McCarthy of Wisconsin ((November 14, 1908 to May 2, 1957) was the face of the United States government's anti-communist crusade known as the "Red Scare." His tendency to make reckless and unsubstantiated accusations became known as "McCarthyism."

In 1953, McCarthy became the Chair of the Senate Committee on Government Operations, which included the Permanent Subcommittee on Investigations. McCarthy used the Subcommittee to investigate the presence of communists in the United States Government, including in the United States Army. In response, the Army accused McCarthy of seeking special treatment for Private G. David Schine, a consultant to the Senate Permanent Subcommittee on Investigations and close friend of Roy Cohn, chief counsel to the Subcommittee.

The Senate decided to use McCarthy's own committee to investigate the conflicting allegations. The hearings were held from April 22 to June 16, 1954, and became known as the "Army-McCarthy Hearings." They were broadcast nationwide, and led to McCarthy's disgrace and censure by the Senate.

On January 14, 1964, filmmaker Emile de Antonio released the documentary film "Point of Order!", which consisted entirely of edited Kinescope footage of the Army-McCarthy Hearings. The idea for the movie was suggested by Daniel Talbot, who co-produced it with de Antonio.

The movie was very successful, and this LP was released later in 1964. It consists of excerpts from the soundtrack of the movie, as well as additional narration by the television journalist Eric Sevareid.

While the Army-McCarthy Hearings are remembered primarily as the beginning of the end of the Red Scare, they also reflect a profound homophobia on both sides, which is quite uncomfortable today.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 19: Adam Clayton Powell, "Keep the Faith, Baby!" (1967)

Sun, 23 Dec 2018 14:00:23 GMT

Adam Clayton Powell Jr. (November 29, 1908 to April 4, 1972) was an American politician, who represented Harlem in the United States House of Representatives from 1945-71. He was the first African-American to represent New York in Congress, and the fourth African-American elected to Congress in the 20th century. He was also a Baptist pastor.

Powell became a prominent leader in the civil rights movement in the 1930s, leading picket lines and boycotts. In 1941, he became the first African-American elected to the New York City Council. In 1944, he was elected to Congress on a civil rights platform. In the 1950s, he became well-known for introducing "Powell Amendments" to legislation, which would deny federal funds to segregated jurisdictions.

In January 1967, the House Democratic Caucus, dominated by southern whites, voted 307 to 116 to exclude Powell from the House, on the basis of corruption allegations. In response, Powell asked his constituents to "Keep the Faith, Baby." He won the special election to fill his seat, and in June 1969, the Supreme Court held in Powell v. McCormack that the House's exclusion of Powell was unconstitutional. However, in 1970, Powell lost his seat to Charles Rangel.

In January 1967, Powell released this LP, responding to his critics. The album is titled, "'Keep the Faith, Baby!", Adam Clayton Powell's Message to the World, Dateline: January 1967, An Exclusive Live Recording."

Side 1:

Keep the Faith, Baby
My Dear Colleagues
Handwriting on the Wall

Side 2:

Burn, Baby, Burn
Death of Any Man
One Day

The album was produced by Jerry and Steve Blaine, and released by Jubilee Records.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 18: IBM Midwestern Region 1967 Hundred Percent Club

Sat, 22 Dec 2018 14:00:19 GMT

From the 1950s through the 1970s, it was common for large corporations to stage elaborate theatrical productions celebrating their business and products, often referred to as "industrial musicals." This LP is a recording of the musical numbers from an industrial musical produced by IBM in 1968. The full title of the album is, "Midwestern Region 1967 Hundred Percent Club, February 11-14, Chicago." The album was produced by MWR [Midwestern Region] Promotional Services, and performed by the "MWR Quintet": Don Bradshaw, Pat Creadon, Wayne Cook, Pete Jorgensen, and John Sirich. An amusing relic of mid-century industrial policy.

Side 1:

Overture
Opening Medley
Better Tomorrow
How To
Thoroughly Modern IBM
Think Big

Side 2:

Leading Salesmen
Captain IBM
Proposal
Ode to District Manager
Finale

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 17: The Altered Nixon Speech

Fri, 21 Dec 2018 22:05:51 GMT

In early September 1973, Syntonic Research, Inc. or "SRI," released a 45rpm single titled "The Altered Nixon Speech." The A-side of the single consisted of a 1 minute audiotape collage of President Richard M. Nixon's August 15, 1973 speech on the Watergate break-in. The collage was created by Irv Taibel, the phonographer who created the "Environments" series of LPs of nature sounds. Using 140 tape splices, Taibel edited Nixon's words to create the following statement (adding some reverb to camouflage the cuts):

I had prior knowledge of the Watergate break-in. I authorized subordinates to engage in illegal campaign tactics. I accept full responsibility for the break-in and bugging of the Democratic National Headquarters and other campaign abuses. Let me explain to you what I did about Watergate after the break-in occurred. I took part in the subsequent cover-up activities. My effort throughout has been burglary and bugging of party headquarters, obstructing justice, harassing individuals, and compromising those agencies of government that should be above politics. We of course must be extremely careful in the way we go about this. I shall continue to subvert the institutions of government by unlawful means. How to carry out this duty is often a delicate question. That is the simple truth.

The B-side of the single provides the original elements from which Taibel constructed the collage. Here is the text of the original materials:

This investigation began as an effort to discover the facts about the break-in and bugging of the Democratic National Headquarters and other campaign abuses.

Because the abuses occurred during my Administration, and in the campaign for my reelection, I accept full responsibility for them.

On May 22, I stated in very specific terms, and I state again to every one of you listening tonight these facts, I had no prior knowledge of the Watergate break-in. I neither took part in nor knew about any of the subsequent cover-up activities. I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.In all of the millions of words of testimony, there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in. As for the cover-up, my statement has been challenged by only one of the 35 witnesses who appeared.

To most of us, Watergate has come to mean not just a burglary and bugging of party headquarters but a whole series of acts that either represent or appear to represent an abuse of trust.

No political campaign ever justifies obstructing justice, or harassing individuals, or compromising those great agencies of Government that should and must be above politics.

In a free society, the institutions of government belong to the people. They must never be used against the people.

Only last year, the Supreme Court said that implicit in the President's constitutional duty is "the power to protect our Government against those who would subvert or overthrow it by unlawful means." How to carry out this duty is often a delicate question to which there is no easy answer.

The A-side of the single includes this disclaimer:

This recording was assembled as proof that magnetic tape can be made to do almost anything. It is not our intention to malign the Office of the Presidency. For this reason, we specify that this recording is not to be copied nor may it be used for any purpose other than private listening in the home. Broadcast usage without written authorization is specifically prohibited.

And the B-side includes this offer:

Please Note: This recording will undoubtably become a collector's item as only a limited quantity will be pressed. If you wish to order additional copies, please send $2.00 plus 50c shipping (& 14c sales tax to NYS residents) to: SRI, 663 Fifth Ave., New York 10022. (Side B text)

Incidentally, Taibel often testified as an expert witness on magnetic tape technology.

Hosted on Acast. See acast.com/privacy for more information.

Andrew Gilden on Copyright & Market Gibberish

Fri, 21 Dec 2018 21:38:15 GMT

In this episode, Andrew Gilden, Assistant Professor of Law at Willamette University College of Law, discusses his article "Copyright's Market Gibberish," which will appear in the Washington Law Review. Gilden observes that while the dominant form of copyright rhetoric holds that copyright only protects economic interests, court actually allow many copyright owners to achieve non-economic goals. He argues that this misleading use of economic language - "market gibberish" - obscures the real normative decisions courts are making and effectively discriminates against those without market power. He suggests that copyright ought to be circumspect about economic rhetoric and more sensitive to legitimate privacy claims. Gilden is on Twitter at @andrew_gilden.

Keywords: Intellectual Property, Copyright, Right of Publicity, Estates, Property

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 16: Ronald Reagan Speaks Out Against Socialized Medicine & "Operation Coffeecup"

Thu, 20 Dec 2018 22:35:13 GMT

In 1961, Ronald Reagan, then the recently-resigned president of the Screen Actors Guild, recorded this LP on behalf of the American Medical Association. In the 1950s, the AMA launched "Operation Coffeecup," part of an effort to block the plans of the Democratic Party to extend Social Security to include health insurance for the elderly. The AMA encouraged the wives of its member doctors to organize coffee parties at which they could convince their friends to write letters to the Congress opposing government-provided health care.

The AMA recorded a 10 minute speech by Reagan specifically opposing a bill supported by Representative Cecil R. King of California intended to provide senior citizens with medical care, and released it as the record "Ronald Reagan Speaks Out Against Socialized Medicine," along with instructions about how to write a letter to Congress opposing the bill. Ultimately, the AMA's campaign was unsuccessful, and the Social Security Amendments of 1965 established what we now know as Medicare and Medicaid.

Hosted on Acast. See acast.com/privacy for more information.

Howard Wasserman on the Infield Fly Rule

Thu, 20 Dec 2018 20:39:49 GMT

In this episode, Howard M. Wasserman, Professor of Law at Florida International University College of Law, discusses his new book, "Infield Fly Rule Is in Effect: The History and Strategy of Baseball's Most Infamous Rule," which is published by McFarland and Company. Wasserman begins by describing how the oft-misunderstood infield fly rule actually works, what it is intended to accomplish, and why it was adopted. He then reflects on the 40+ year "legal history" of the rule, which began in 1975 with William S. Stevens, unsigned note in the University of Pennsylvania Law Review, "The Common Law Origins of the Infield Fly Rule," one of the few law review articles with its own Wikipedia page. Wasserman considers the infield fly rule in relation to the aesthetics of baseball and jurisprudence, and concludes that the rule is here to stay. Wasserman blogs at Prawfsblog.

Keywords: Sports, rules, baseball, Infield Fly Rule, cost-benefit, economics

Hosted on Acast. See acast.com/privacy for more information.

Kate Klonick on the Governance of Private Internet Platforms

Thu, 20 Dec 2018 18:44:31 GMT

In this episode, Kate Klonick, Assistant Professor of Law at St. John's University School of Law, discusses her scholarship on the governance of private Internet platforms like Facebook, Twitter, and Instagram. Klonick begins by discussing her influential article "The New Governors: The People, Rules, and Processes Governing Online Speech," which was published in the Harvard Law Review, in which she argued that private Internet platforms effectively must regulate speech internally and explored how they develop and enforce governance norms. And she continues by discussing her new essay, "Facebook v. Sullivan," in which she discusses how private Internet platforms like Facebook show balance privacy and free speech concerns in light of the principles they have borrowed from the Supreme Court's First Amendment jurisprudence. Klonick is on Twitter at @Klonick.

Keywords: online speech, private platforms, internet platforms, internet intermediaries

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 15: Howard Hughes Press Conference

Thu, 20 Dec 2018 03:43:32 GMT

In 1971, Clifford Irving wrote a sensational biography of the eccentric and reclusive billionaire Howard Hughes, which Irving claimed was both authorized and co-authored by Hughes himself. In fact, it was a hoax, and Irving manufactured the book from whole cloth. But Hughes did not immediately deny co-authoring the book, leading many to believe it was genuine, including McGraw-Hill, which paid Irving a $765,000 advance for the right to publish it.

On January 7, 1972, Hughes held a "telephonic press conference" from his penthouse suite at the Xanadu Princess Resort on Grand Bahama Island, in which he denounced Irving's book and denied any involvement in its creation. Mark 56 released this LP of the press conference, which was produced by George Garabedian, with Wayne Thomis, the aviation editor for the Chicago Tribune, narrating and standing in for the journalists who questioned Hughes.

Irving was eventually convicted of fraud and spent 17 months in prison. In 1977, he published The Hoax, telling his version of the story. In 2006, Richard Gere starred in the movie The Hoax, which was also based on these events.

Hosted on Acast. See acast.com/privacy for more information.

The Day Antitrust Died?: Episode 1, Frederic M. Scherer

Wed, 19 Dec 2018 22:31:38 GMT

On March 2, 1974, a group of antitrust scholars met at the Airlie House in Warrenton, Virginia, and changed the consensus position on antitrust policy in the United States. "The Day Antitrust Died?" is a special feature of the Ipse Dixit podcast, examining that historical moment. In this episode, we interview Frederic M. Scherer, Professor of Public Policy and Corporate Management in the Aetna Chair, Emeritus at the John F. Kennedy School of Government at Harvard University. In 1974, Scherer had just left the International Institute of Management, Science Center Berlin and was about to become the director of the Federal Trade Commission's Bureau of Economics. He describes his experiences at the Airlie House Conference, how it affected his antitrust scholarship, and its broader effect on antitrust policy.

Keywords: Business and Government Policy, Law and Legal Institutions, Science¸ Technology and Public Policy

Hosted on Acast. See acast.com/privacy for more information.

The Day Antitrust Died?: Introduction

Wed, 19 Dec 2018 22:23:13 GMT

On March 2, 1974, a group of prominent antitrust scholars convened a conference at the Airlie House in Warrenton, Virginia to discuss the future of antitrust theory and policy. At the time, the prevailing position on antitrust policy favored deconcentration of industry and relatively aggressive antitrust enforcement. But "Chicago-school" economists and lawyers challenged that consensus position, arguing that the goal of antitrust policy should be efficiency and the promotion of consumer welfare. Ultimately, the challengers prevailed, and antitrust enforcement precipitously declined.

This special feature of the Ipse Dixit podcast, hosted by Ramsi Woodcock and Brian L. Frye, investigates whether the Airlie House Conference was "the day that antitrust died." In order to answer that question, we will interview scholars who attended the conference, as well as scholars who have studied its aftermath and effects on antitrust theory and policy.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 14: The Sargent/Dwight Record., A Darned Good Record in Darned Bad Times (1974)

Tue, 18 Dec 2018 23:46:53 GMT

In 1974, Republican Governor Francis Williams Sargent and Lieutenant Governor Donald Rathbun Dwight of Massachusetts released "The Sargent/Dwight Record: A Darned Good Record in Darned Bad Times" in support of their unsuccessful re-election campaign.

Sargent was elected Lieutenant Governor of Massachusetts in 1966, under Governor John Volpe, and became Governor in 1969, when President Nixon appointed Volpe Secretary of Transportation. Sargent and Dwight successfully ran for Governor and Lieutenant governor in 1970. Among other things, they dealt with the busing controversy, rejecting the demands of anti-busing advocates, and created the weekend prison furlough program. In 1974, Sargent and Dwight were defeated and succeeded by Democratic Governor Michael Dukakis and Lieutenant Governor Thomas P. O'Neill III.

The record consists of 20 tracks separated by lock-grooves, each addressing a different policy issue.

Side 1:

Jobs
Cost of Living
Taxes
Property Taxes
Mass Transportation
Highways
Crime & Gun Control
Prisons
Welfare
Education

Side 2:

Consumer Protection
Government Management (Lt. Gov. Don Dwight)
Human Services
Health Care
Children
Women
Business Climate (Lt. Gov. Don Dwight)
The Elderly
Environment
Patronage

Hosted on Acast. See acast.com/privacy for more information.

Matthew Bruckner on College Bankruptcies

Tue, 18 Dec 2018 21:19:07 GMT

In this episode, Matthew Bruckner, Associate Professor of Law at Howard University School of Law, discusses his scholarship on access to bankruptcy protection for financially distressed institutions of higher education, including his recent work on bankruptcy and public colleges. Bruckner begins by describing the bankruptcy protection for organizations, and explaining why institutions of higher education effectively lack access to bankruptcy. He argues that Congress should reform federal lending law to enable institutions of higher education to reorganize. Bruckner also observes that public colleges have even more limited access to bankruptcy protection than private colleges. Listeners may be interested in his articles "Higher Ed ‘Do Not Resuscitate’ Orders" and "Bankrupting Higher Education." Bruckner is on Twitter at @Prof_Bruckner.

Keywords: Bankruptcy, Higher Ed, College, Universities, Bankrupt, Debtor, Healthcare, Chapter 11, Higher Education, Reorganization, nonprofit, for-profit, restructure, Title IV, Medicare, HHS, CMS, reorganize, fly-by-night, profiteer, chapter 9, Code

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 13: Spiro T. Agnew Speaks Out

Mon, 17 Dec 2018 22:22:53 GMT

In 1972, the Republican National Committee released an LP of excerpts from speeches by Vice President Spiro T. Agnew on RCA/Victor. The album was produced by Joseph Habig and William Mulligan. It featured the following subjects

Side 1:

The Greatest Issue in America Today
A Word to Law Abiding Americans
Challenge to the Hippies
"Effete Corps of Impudent Snobs"
In Defense of the Courts of the Land
Some Thoughts on the Democratic Party
A Word to America's Detractors

Side 2:

Some Examples of the Vice President's Wit
The Vice President Explains Our Asian Policy
In Answer to Critics of This Asian Policy
The Future of the Republican Party
The Responsibilities of Television
Confidence in America's Future

Agnew graduated from the University of Baltimore School of law in 1947, and first ran for political office in 1956. In 1962, he was elected Baltimore County Executive, in 1966 he was elected Governor of Maryland, and in 1968, he became Richard Nixon's running mate, and was elected Vice President.

In early 1973, the United States Attorney for the District of Maryland began investigating Agnew on suspicion of conspiracy, bribery, extortion and tax fraud, beginning when he was Baltimore County Executive and Governor of Maryland. On October 10, 1973, Agnew pleaded no contest to a single felony charge of tax evasion and resigned from office. He was replaced by House Minority Leader Gerald Ford.

In 1974, Agnew was disbarred by the Maryland Court of Appeals. Unable to practice law, he founded Pathlite, Inc., a business consultancy. In 1976, he published The Canfield Decision, a novel about an American Vice President. The novel was commercially successful, but Agnew was criticized for the protagonist's explicit anti-semitism.

Hosted on Acast. See acast.com/privacy for more information.

Melissa Milewski on Civil Litigation Between Black & White Southerners After Slavery

Mon, 17 Dec 2018 18:52:27 GMT

In this episode, Melissa Milewski, Senior Lecturer in American History at the University of Sussex, discusses her excellent book "Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights" (2018), which was published by Oxford University Press. Milewski begins by describing her pioneering research into civil litigation between black and white southerners from the end of the Civil War to the beginning of the Civil Rights era, including her extensive use of state archives. She observes that African-American litigants won civil actions against whites far more frequently than might be expected. And she reflects on what this history of civil litigation can tell us about race relations, racial ideology, and the role of the judicial system. Milewski is on Twitter at @MilewskiMelissa. You can buy a copy of her book here. Highly recommended!

Keywords: Jim Crow, Social Inquiry, civil law

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 12: Nora Bayes & Beatrice Lillie, Snoops the Lawyer

Sun, 16 Dec 2018 20:47:49 GMT

This "from the archives" episode of Ipse Dixit features two versions of the song, "Snoops, the Lawyer," which was published in 1919. The music was composed by Harry Ruby and the lyrics were written by Bert Kalmar. The first version of the song was performed by Nora Hayes and released by Columbia in 1919 (A2852). The second version was performed by Beatrice Lillie, with Sam Walsh on piano, and released by Gramophone Shop Varieties in 1934.

Hosted on Acast. See acast.com/privacy for more information.

Derek Kiernan-Johnson on Potemkin Distilleries

Sun, 16 Dec 2018 20:27:49 GMT

In this episode, Derek H. Kiernan-Johnson, Professor of Legal Writing at the University of Colorado Law School, discusses his article "The Potemkin Temptation or, The Intoxicating Effect of Rhetoric and Narrativity on American Craft Whiskey," which was published in Legal Communication & Rhetoric, the Journal of the Association of Legal Writing Directors. Kiernan-Johnson begins by briefly describing the history of whiskey production in the United States, from the colonial era to the present "craft distiller" craze. Then he describes the emergence of "Potemkin distillers," or putative craft distillers who actually purchase mass-produced generic whiskey and deceptively sell it as an "artisanal" product. He explains how and why they use narrative strategies to obscure their misleading practices, and provides some tips about how to identify ersatz craft whiskies. He closes with some regulatory proposals that could help protect consumers.

Keywords: Typography, Narrative, Persuasion, Rhetoric, Judicial Decisionmaking, Graphic Design

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 11: Guy Drake, That Supreme Court Bus / School Busin' (1971)

Sat, 15 Dec 2018 14:00:25 GMT

In Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971), the United States Supreme Court held that courts could order busing in order to remedy racial imbalance in public schools, and affirmed a court order requiring busing in Charlotte, North Carolina. While busing effectively reduced segregation, it sparked a backlash. Soon after the decision, Guy Drake (best known for his minor hit "Welfare Cadillac" (1970)), wrote and recorded "That Supreme Court Bus" (Joe Mason & Guy Drake), with the B-side "School Busin'" (Johnny Credit). The 45rpm single was released by Mallard Records, Inc., of Nashville, Tennessee. Apparently, a Michigan organization opposed to busing bought a bunch of copies of the single (Nashville Scene, Billboard, Nov. 20, 1971, at 84), and Drake delivered a copy of single to each member of the Supreme Court (Red O'Donnell, Nashville Sound, Express & News (San Antonio, TX) Dec. 19, 1971, at 127).

Hosted on Acast. See acast.com/privacy for more information.

Agnieszka McPeak on Disappearing Data & Civil Discovery

Fri, 14 Dec 2018 20:09:09 GMT

In this episode, Agnieszka McPeak, Associate Professor of Law at Duquesne University School of Law, discusses her article "Disappearing Data," which was published in the Wisconsin Law Review. McPeak describes the civil discovery process, which imposes certain obligations on parties to civil actions to preserve and produce documents and other data to opposing parties. She observes that the trend toward application that produce "ephemeral data" and the concept of "privacy by design" are in tension with the traditional expectations of civil discovery. And she argues that courts should take a fact-specific approach to evaluating how to resolve that tension. McPeak is on Twitter at @socmediaJD.

Keywords: social media, spoliation, preservation, Snapchat, ephemeral, electronically stored information, discovery, electronic discovery, e-discovery, Federal Rules of Civil Procedure

Hosted on Acast. See acast.com/privacy for more information.

Alexandra Roberts on Trademark Failure to Function

Fri, 14 Dec 2018 19:07:23 GMT

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire School of Law, discusses her article "Trademark Failure to Function," which will appear in the Iowa Law Review. Roberts begins by describing what trademarks are for and when they exist. She notes that a mark must be distinctive and be used as trademark in order to function as a trademark. But the Trademark Office and the courts tend to emphasize distinctiveness and de-emphasize use as a mark. She argues this is a problem, because it does not reflect how consumers actually experience marks, and suggests that distinctiveness and use should be measured together. Roberts is on Twitter at @lexlanham.

Keywords: trademarks, uspto, registration, distinctiveness, use, intellectual property, behavioral realism, marketing, advertising

Hosted on Acast. See acast.com/privacy for more information.

Miriam Kienle on Ray Johnson, Mail Art, Censorship & Artistic Ownership

Thu, 13 Dec 2018 23:20:56 GMT

In this episode, Miriam Kienle, Assistant Professor of Art History at the University of Kentucky School of Art and Visual Studies, discusses her work on the artist Raymond Edward "Ray" Johnson. Among other things, she describes Johnson's studies at Black Mountain College and relationship with Andy Warhol, as well as his invention of "mail art" or "correspondence art" in the early 1950s. She explains how the mail facilitated both communication and censorship, especially of sexual minorities, and how Johnson used the mail to establish artistic networks in which he circulated his "polysemic" collages, which he referred to as "moticos." She also discusses Johnson's complicated relationship to the art market and his contestation of the concepts of "authorship" and "the work."

Keywords: gender and sexuality, critical theory, new media, curatorial studies, digital humanities

Hosted on Acast. See acast.com/privacy for more information.

Dwayne Kwaysee Wright on Structural & Interactional Diversity in Law Schools

Wed, 12 Dec 2018 20:29:14 GMT

In this episode, Dwayne Kwaysee Wright, Visiting Assistant Professor of Law at Savannah Law School, discusses his work on race-conscious admissions, and in particular his dissertation "An Instrumental Case Study of the Diversity Culture of a Predominantly White Law School." Wright begins by describing the history and politics of race-conscious admissions. He explains the difference between structural and interactional diversity, and why law schools have a legal obligation to pursue interactional diversity. And he describes his qualitative study of the diversity culture of a particular school, identifying what he learned from conducting that study, and how law schools can improve interactional diversity.

Keywords: education law, First Amendment, equal protection theory

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 10: Dialogues on Democracy, Vol. 3, Disc 3, A Dialogue with Paul Freund (1968)

Wed, 12 Dec 2018 17:36:24 GMT

In 1968, the Western Electric Company (the manufacturing and supply unit of the Bell System) produced "Dialogues on Democracy, Vol. 3," a 3-LP set covering the Supreme Court of the United States. Disc 3 was titled "The Supreme Court of the United States: A Dialogue with Paul A. Freund, Professor of Law at Harvard University and scholar of the Court. Among other things, Freund discusses the concept of judicial review, the evolution of constitutional doctrine, the counter-majoritarian nature of judicial review, judicial restraint, and the rule of law. The album was produced by Richard Heffner Productions, Inc.

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 9: Dialogues on Democracy, Vol. 3, Disc 2, The Supreme Court at Work (1968)

Wed, 12 Dec 2018 04:19:41 GMT

In 1968, the Western Electric Company (the manufacturing and supply unit of the Bell System) produced "Dialogues on Democracy, Vol. 3," a 3-LP set covering the Supreme Court of the United States. Disc 2 was titled "The Supreme Court at Work." It describes the "functions, procedures and traditions" of the Court. It features commentary from former Justice Tom Clark, Anthony Lewis, Professor John Frank (Indiana & Yale), and Osmond Fraenkel. The commentators describe the expectations of the Supreme Court and the norms of the Supreme Court bar in great detail. The album was produced by Richard Heffner Productions, Inc.

Hosted on Acast. See acast.com/privacy for more information.

Dustin Marlan on Psychoanalysis & the Right of Publicity

Tue, 11 Dec 2018 19:58:52 GMT

In this episode, Dustin Marlan, Assistant Professor of Law at the University of Massachusetts School of Law, discusses his draft article "Unmasking the Right of Publicity." Marlan describes the creation of the right of publicity by Judge Frank in Haelan v. Topps (1953), and the confusion that has long surrounded the justification for the right of publicity. He argues that Frank was influenced by the psychoanalytic theories of Freud and Jung, in particular the concept of the "divided self," consisting of a "true" inner self and a "false" outer self. Marlan observes that modern theories of the "intersubjective" self suggest that Frank's model may need to be revisited.

Keywords: right of publicity, psychoanalysis, Judge Jerome Frank, Jung, Freud, intersubjectivity, advertising, new media, social media, legal realism, persona, personality, Haelan Laboratories, self, identity

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 8: Dialogues on Democracy, Vol. 3, Disc 1, The Supreme Court in American Life (1968)

Mon, 10 Dec 2018 23:52:22 GMT

In 1968, the Western Electric Company (the manufacturing and supply unit of the Bell System) produced "Dialogues on Democracy, Vol. 3," a 3-LP set covering the Supreme Court of the United States. Disc 1 was titled "The Supreme Court in American Life." It "recreates the early history of the Court and traces the evolution of its impact as an integral part of American Democracy." Among other things, it includes the voices of Franklin D. Roosevelt, Harry S. Truman, John F. Kennedy, Dwight D. Eisenhower, Alan Westin (Columbia law professor), and Robert B. McKay (NYU Law dean). The album was produced by Richard Heffner Productions, Inc.

Hosted on Acast. See acast.com/privacy for more information.

Ann Schiavone on K-9 Apprehension of Suspects

Mon, 10 Dec 2018 17:57:57 GMT

In this episode, Ann Schiavone, Assistant Professor of Law at Duquesne University School of Law, discusses her article "K-9 Catch-22: The Impossible Dilemma of Using Police Dogs in Apprehension of Suspects," which will appear in the University of Pittsburg Law Review. Schiavone discusses the history of the use of K-9 units by police forces, particularly in relation to the apprehension of suspects. She describes the standards used by courts in evaluating whether the use of a dog to apprehend a suspect is reasonable, and argues that courts should encourage officers to attempt to de-escalate before using a dog. Schiavone is on Twitter at @AnnSchiavone.

Keywords: Police dogs, use of force, Fourth Amendment, cognitive science, racial bias

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 7: Robert Everett L. Looney & Bill Hughes, Governor Looney's Record: Sorry About That Ben / What's All the Fuss Gus (1971)

Sun, 09 Dec 2018 05:50:24 GMT

Robert Everett L. "Bob" Looney (December 27, 1924 - September 8, 2000) was an eccentric lawyer from Austin, Texas. He was the son of Everett L. Looney (November 30, 1900 - October 4, 1962), the President of the State Bar of Texas from 1953-54. He was born in Ennis, Texas, and served in the Navy in World War Two. He graduated from the University of Texas and Baylor University School of Law, where he was first in his class. He primarily practiced criminal law, and referred to himself as "The Lone Wolf." One of his best-known clients was David R. Ruiz, a nationally-known "jailhouse lawyer" and advocate for prison reform.

In addition, Looney enjoyed composing and performing songs and poetry, some of which were recorded. This record was released, supposedly in connection with his campaign to become the Governor of Texas, as a candidate of the Democratic Party. The music was composed and performed by Bill Hughes.

Hosted on Acast. See acast.com/privacy for more information.

Nancy Leong on Co-Authoring with Students

Fri, 07 Dec 2018 23:30:51 GMT

In this episode, Nancy Leong, Professor of Law at the University of Denver Sturm College of Law, discusses her experiences co-authoring law review articles with her students. She discusses two collaborative papers, "Consent Forms and Consent Formalism," which she co-authored with Kira Suyeishi, and "Communication in Cyberspace," which she co-authored with Joanne Morando. Among other things, Leong discusses her collaborative process, tips for how to make collaborating most rewarding for both professors and students, and the reception of co-authored papers by the legal academy. Keeping with the theme, her cats collaborate in the conversation. Leong is on Twitter at @nancyleong.

Keywords: cyberharassment, cyberstalking, cyberbullying, first amendment, communication, cyberspace, internet, media, statutory law, criminal law, criminal procedure, Fourth Amendment, consent, consent forms, search, seizure, voluntariness, coercion

Hosted on Acast. See acast.com/privacy for more information.

CJ Ryan on Law School Rankings

Fri, 07 Dec 2018 19:09:15 GMT

In this episode, Christopher J. Ryan, Jr., Associate Professor of Law at Roger Williams School of Law, discusses his extensive scholarship on law school rankings. Ryan uses econometric and statistical tools to evaluate a range of different data in order to help better understand legal education. In his article "A Value-Added Ranking of Law Schools," he uses data on incoming classes as well as data on bar passage and job placement to determine how schools affect the predicted performance of their students. And in his articles "A Revealed-Preferences Ranking of Law Schools" and "The 2018 Revealed-Preferences Ranking of Law Schools" (co-authored with Brian L. Frye), he created the first "subjective" ranking of law schools, designed to determine how effectively schools appeal to prospective students. Ryan discusses why rankings are valuable, useful tools for students, law schools, and policymakers, and also describes some of his forthcoming scholarship.

Keywords: Rankings, US News & World Report, Law Schools, Legal Education, Revealed-Preferences

Hosted on Acast. See acast.com/privacy for more information.

Amelia Rinehart on 19th Century Patent Pools & the Sherman Act

Thu, 06 Dec 2018 20:35:56 GMT

In this episode, Amelia Smith Rinehart, Professor of Law and Associate Dean for Faculty Research and Development at the University of Utah S.J. Quinney College of Law, discusses her article "E. Bement & Sons v. National Harrow Company: The First Skirmish between Patent Law and the Sherman Act," which she wrote for the "Forgotten IP" symposium organized by Shubha Ghosh and Zvi Rosen, and published in the Syracuse Law Review. Rinehart describes the creation of the National Harrow Company in 1890, an early "patent pool," and how the Company's use of its harrow patents brought it into tension with the newly-enacted Sherman Act. She discusses the legal and policy questions at stake in the Supreme Court's opinion finding no Sherman Act violation in Bement, and how they inform the relationship between patent and antitrust law today. Rinehart is on Twitter at @ameliarinehart.

Keywords: patent law, trusts, Harrow Trust, patent-antitrust cases

Hosted on Acast. See acast.com/privacy for more information.

Heidi Tandy on Fanworks & Intellectual Property

Wed, 05 Dec 2018 20:40:00 GMT

In this episode, Heidi Tandy, of counsel and intellectual property department chair at Price Benowitz LLP and legal committee member of the Organization for Transformative Works, discusses her work on the relationship between fanworks and intellectual property rights, as well as her draft article "Can You Tarnish Voldemort?: An Examination of the Intersection of Fanworks, Trademarks and Fair Use." Tandy describes the long history of fanworks and how they reflect the creativity of fan communities. Among other things, she explains how changes in copyright law have emphasized the right of fan communities to create fanworks, and how the relationship between copyright and trademark owners and fan communities has developed over time. Tandy blogs at ef yeah copyright law and is on Twitter at @travelingheidi.

You can read her post on the ebooks-tree issue she discusses on the podcast here and her post on the adult film "parody" of "50 Shades of Gray" here. She recommends this VOX article about Hamilton fanfiction. And the Organization for Transformative Works legal advocacy page is here.

Keywords: Intellectual Property, legal theory, trademarks, patent law

Hosted on Acast. See acast.com/privacy for more information.

Pamela Foohey on Consumer Bankruptcy & "Life in the Sweatbox"

Tue, 04 Dec 2018 20:05:03 GMT

In this episode, Pamela Foohey, Associate Professor of Law at Indiana University Bloomington Maurer School of Law, discusses her paper "Life in the Sweatbox," co-authored with Robert M. Lawless, Katherine M. Porter, and Deborah Thorne, which will appear in the Notre Dame Law Review. Foohey explains how the the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act resulted in consumers spending ever-longer amounts of time in the "financial sweatbox," or the period of time before an inevitable bankruptcy filing, during which their assets are further depleted and their quality of life is destroyed. She and her co-authors used data from the data from the Consumer Bankruptcy Project as well as data they gathered to learn who files for bankruptcy and why. They found that the narratives surrounding the use of consumer bankruptcy are largely inaccurate, and have resulted in inefficient policies that cause great harm to many consumers. Foohey is on Twitter at @PamelaFoohey.

Keywords: consumer bankruptcy, debt collection, debt, chapter 7, chapter 13, financial distress

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 6: Interview with William O. Douglas, Associate Justice, U.S. Supreme Court (1957)

Mon, 03 Dec 2018 22:23:31 GMT

In 1957, Folkways Records released Album No. FC 7350, "Interview with William O. Douglas, Associate Justice, U.S. Supreme Court." Howard Langer, associate editor of Scholastic Teacher magazine, interviewed Douglas in his chambers in the Supreme Court building, via closed-circuit television. Douglas explains the role of the Supreme Court, especially in relation to interpreting the United States Constitution, and the mechanics of how the Court hears and decides cases. He also explains his own life experiences, his travels, and his thoughts on the relationship between the United States and the rest of the world.

Hosted on Acast. See acast.com/privacy for more information.

Amy Schmitz on Online Dispute Resolution & the "New Handshake"

Mon, 03 Dec 2018 19:28:52 GMT

In this episode, Amy J. Schmitz, Professor of Law at the University of Missouri School of Law, discusses her recent book "The New Handshake: Online Dispute Resolution and the Future of Consumer Protection," which she co-authored with Colin Rule. Schmitz observes that many people now conduct most transactions online, and argues that consumer protection requires new tools, designed for an online environment. Her research shows that consumers primarily want to resolve disputes quickly and fairly, which some online dispute resolutions systems accomplish more more effectively than others. She proposes a centralized dispute resolution system that would both benefit consumers and even the playing field in e-commerce. Schmitz is on Twitter at @AmyJSchmitz1 and Rule is at @crule.

Keywords: contracts, consumer protection, arbitration, dispute resolution, behavioral economics, law and society, discrimination, contract theory, remedies, e-contracts, sales, consumer contracts, e-Commerce, ADR, ODR, online dispute resolution, international law, UNCITRAL, international dispute resolution

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 5: Your Living Bill of Rights, As Interpreted by the U.S. Supreme Court

Sat, 01 Dec 2018 22:11:14 GMT

In 1962, Stacy Keach (presumably Stacy Keach, Sr.) produced and directed the album "Your Living Bill of Rights, As Interpreted by the U.S. Supreme Court." The album is narrated by Marvin Miller, and features actors portraying the Voice of the Supreme Court, the Voice of the Constitution, a Northerner, Easterner, Southerner, Westerner, and Women. It also features music composed by Richard Armbruster. The "technical consultant" for the album was Arvo Van Alstyne, Professor of Constitutional Law at U.C.L.A. Law School.

The substance of the album consists of a description of the rights secured by the Constitution and Bill of Rights, as well as the Reconstruction and Suffrage Amendments. With respect to each of those rights, the album summarizes and quotes from relevant opinions of the United States Supreme Court.

As the liner notes to the album observe:

Your cherished rights - as interpreted by the highest court in the land: informative! provocative! impressive!

Hosted on Acast. See acast.com/privacy for more information.

Kevin Casini on Teaching Entertainment Law From Practice

Fri, 30 Nov 2018 02:17:03 GMT

In this episode, Kevin Michael Casini, Adjunct Professor of Law at Quinnipiac University School of Law and founder of Casini Law Firm, LLC, discusses his approach to teaching entertainment law from practice. He explains how he uses materials from the news, social media, and popular culture to make legal questions more relevant and interesting to his students. Several students from his entertainment law class present their practical class projects, and reflect on their experience of the class and how it differs from their other classes. The episode ends with a performance of an original song by one of the students. Casini is on Twitter at @KCEsq.

Keywords: entertainment law, Music Business, Entertainment business

Hosted on Acast. See acast.com/privacy for more information.

Deidré Keller on Privacy & #blacklivesmatter

Wed, 28 Nov 2018 23:55:50 GMT

In this episode, Deidré A. Keller, Associate Dean for Academic Affairs and Professor of Law at Ohio Northern University Pettit College of Law, discusses her current project, "Will I Be the Next Hashtag?: 'Black Death Spectacle' or Catalyst for Change?" Keller observes that Emmett Till's mother Mamie Till intentionally used the image of his mangled body to support the civil rights movement, by to forcing the public to confront the brutality of the mob that lynched him. But more recently, when Jordan Edwards was murdered by a police officer, his family asked for people to respect their privacy and not "hashtag" Edwards. In addition, some people protested when the artist Dana Schutz used the iconic image of Emmett Till as the basis for a painting. Keller asks whether privacy, publicity, and related legal rights can and should enable families and others to prevent the public from turning murdered African-Americans into symbols. Keller's work is available on SSRN here.

Keywords: privacy, right of publicity, intellectual property

Hosted on Acast. See acast.com/privacy for more information.

Ruth Anne Robbins on Legal Document Design

Wed, 28 Nov 2018 18:25:53 GMT

In this episode, Ruth Anne Robbins, Distinguished Clinical Professor of Law at Rutgers Law School, discusses her influential 2004 article "Painting with Print: Incorporating Concepts of Typographic and Layout Design into the Text of Legal Writing Documents" and her 2010 followup article, "Conserving the Canvas: Reducing the Environmental Footprint of Legal Briefs by Re-imagining Court Rules and Document Design Strategies." Robbins observes that the design of a legal document affects its readability, and argues that many courts impose rules that reduce the readability of documents. Among other things, she observes that ALLCAPS headings and monospaced fonts reduce readability. She explains how legal writers can increase the effectiveness of their documents through better design. Judge Easterbrook of the United States Court of Appeals for the Eighth Circuit was impressed by Robbins's article, and featured it on the court's website for many years. Robbins is on Twitter at @RA_Robbins.

Keywords: legal writing, visual, fonts, persuasion, lawyering

Hosted on Acast. See acast.com/privacy for more information.

Ron Colombo on Corporate Free Exercise

Tue, 27 Nov 2018 23:06:55 GMT

In this episode, Ronald J. Colombo, Professor of Law and Associate Dean for Distance Education at the Maurice A. Deane School of Law at Hofstra University, discusses his 2013 article "The Naked Private Square," which appeared in the Houston Law Review, as well as his recent scholarship on the right of business corporations to assert religious rights under the First Amendment. Colombo observes that charitable corporations largely uncontroversially assert free exercise and freedom of association claims, and argues that business corporations should be able to assert similar rights. Among other things, he points out that business corporations can and do express beliefs in much the same way as charitable organizations, and nothing prevents them from adopting religious purposes. Colombo suggests that a business corporation's claim to religious liberty should be decided on a fact-specific and context sensitive basis. He also reflects on the Supreme Court recent decisions in Hobby Lobby and Masterpiece Cakeshop, and considers where the Court is likely to go next.

Keywords: Free Exercise, Citizens United, Expressive Association, Religious Corporation, First Amendment, Benefit Corporation, B Corporation, Corporate Rights

Hosted on Acast. See acast.com/privacy for more information.

The Homicide Squad 1: The Banks of the Ohio

Tue, 27 Nov 2018 03:58:07 GMT

The Homicide Squad is a special segment of Ipse Dixit devoted to murder ballads, those delightfully grisly folk songs that tell stories about the ultimate sin.

Most murder ballads are based on true stories, more or less. And many of those true stories took place in Appalachia.

Each episode of the Homicide Squad will focus on a different murder ballad. I will explain the true story behind the song, when it has survived. And I will explore how the song has evolved over time, sharing several different versions to illustrate different interpretations.

The subject of this first episode is one of my very favorite murder ballads, The Banks of the Ohio.

Tracks:

Red Patterson's Piedmont Log Rollers, Down on the Banks of the Ohio (1927).
Bascom Lamar Lunsford, Banks of the Ohio (1953).
Blue Sky Boys, Down on the Banks of the Ohio (1936).
Irene and Ellen Kossoy, The Banks of the Ohio (1956).
Joan Baez, Banks of the Ohio (1961).
Clarence Ashley (with Fred Price on fiddle, Clint Howard, and Doc Watson), Banks of the Ohio (1961).
Kristen Hersh, Banks of the Ohio (1998).
Dolly Parton, Banks of the Ohio (2014).
Vandaveer, Banks of the Ohio (2013).

Hosted on Acast. See acast.com/privacy for more information.

Bridget Crawford & Emily Gold Waldman on the Unconstitutionality of "Tampon Taxes"

Mon, 26 Nov 2018 17:53:29 GMT

In this episode, Bridget J. Crawford, James D. Hopkins Professor of Law at Pace University School of Law, and Emily Gold Waldman, Professor of Law and Associate Dean for Faculty Development & Strategic Planning at Pace University School of Law, discuss their article "The Unconstitutional Tampon Tax," which will appear in the University of Richmond Law Review. Crawford and Waldman observe that many states exempt "necessities" from sales tax, but do not exempt menstrual hygiene products, which puts a significant financial burden on women, especially low-income women. They argue that burden is unconstitutional, because a tax on menstrual hygiene products is a de facto tax on women. And they explain how opposition to "tampon taxes" relates to current movements to secure women's rights. Crawford is on Twitter at @ProfBCrawford and Waldman is on Twitter at @egwaldman.

Keywords: Equal Protection, Gender, Sex, Discrimination, Menstrual Hygiene, Tax, Taxation, Sales Tax, Tampons

Hosted on Acast. See acast.com/privacy for more information.

Sat, 24 Nov 2018 18:34:29 GMT

On Sunday, February 5, 1984, Judge Stephen G. Breyer of the United States Court of Appeals for the First Circuit addressed the Congressional Copyright and Technology Symposium, making five points about copyright law and policy. A transcript of his address is available here. Among other things, Breyer reflected on his influential article, "The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" (1970), which he wrote as a law professor, as the Copyright Office was considering what became the Copyright Act of 1976. Breyer discussed the economic and moral justifications for copyright, the application of the economic justification, why it should apply differently in different contexts, how new technology requires rethinking of the scope of copyright protection, and why we should be wary of extending too much protection. In 1994, Breyer was appointed to the United States Supreme Court, where he has been the key dissenter in many copyright cases.

Also of interest in relation to this speech might be:

I found Breyer's address especially interesting because of his brief and oblique reference to the story of St. Columcille and the "Battle of the Book," in which he references High King Diarmed's ruling, "To every cow its calf; to every book it's copy," as the origin of the moral theory of copyright. This observation reappears in Breyer's dissent in Golan v. Holder, 132 S. Ct. 873, 902 (2012). Breyer understandably relies on Augustine Birrell's 1889 account of the Columcille legend. A. Birrell, Seven Lectures on the Law and History of Copyright in Books 42 (1899). But in a forthcoming article, I will argue that the treatment of the "Battle of the Book" as the "first copyright litigation" reflects only a misunderstanding of what was intended as an allegorical claim to political legitimacy by a 16th century Irish king.

Hosted on Acast. See acast.com/privacy for more information.

Irina Manta on "Tinder Lies"

Fri, 23 Nov 2018 21:38:31 GMT

In this episode, Irina D. Manta, Associate Dean for Research and Faculty Development, Professor of Law, and Founding Director of the Center for Intellectual Property Law at Maurice A. Deane School of Law at Hofstra University, discusses her provocative article "Tinder Lies," which will appear in Wake Forest Law Review. Manta observes that today most people use dating apps and websites to find prospective romantic partners, which makes it much easier to meet people, but also increases their vulnerability to misleading information. She observes that people often make false or misleading claims on their dating profiles, some of which are relatively innocuous, like their height or weight, but others of which may be much more serious, like their marital status. This may impose significant emotional and personal costs on people who are misled. Typically, courts do not permit civil actions for fraud in the dating context. But Manta argues that we should create a cause of action that can be enforced in small claims court. Manta is on Twitter at @irina_manta.

Keywords: Legal Recovery, fraud, trademark law, small claims, misrepresentation, sexual law

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 3: The National March on Washington for Lesbian & Gay Rights / The Gay Freedom Train (1979)

Wed, 21 Nov 2018 21:33:26 GMT

In 1979, Magnus Records released a documentary record of the National March on Washington for Lesbian and Gay Rights and the Gay Freedom Train, created by Jok Church and Adam Ciesielski, offering the following description of the record:

This is a sound-quilt made from a total of 18 hours of recording tape. It weaves spoken word with crowd sounds with interviews and music with ambient sound. As a gift to yourself, take the phone off the hook and turn up the volume.

The featured speakers from the March on Washington are: Robin Tyler, Steve Ault, Tom Robinson, Lucia Valeska, Allen Ginsberg, Arlie Scott, Richard Ashworth, Florynce Kennedy, Mary Watkins, and Kate Millet. The Gay Freedom Train features speeches by Rev. Troy Perry and Robin Tyler.

The record also lists the "Five Demands" of the March on Washington:

Pass a comprehensive lesbian/gay rights bill in Congress
Issue a presidential executive order banning discrimination based on sexual orientation in the Federal Government, the military and federally-contracted private employment
Repeal all anti-lesbian/gay laws
End discrimination in lesbian mother and gay father custody disputes
Protect lesbian and gay youth from any laws which are used to discriminate against, oppress and/or harass them in their homes, schools, jobs and social environments

Hosted on Acast. See acast.com/privacy for more information.

Andrew Selbst on Justifying Algorithmic Decisionmaking

Wed, 21 Nov 2018 20:13:21 GMT

In this episode, Andrew Selbst, a Postdoctoral Scholar at Data & Society Research Institute and Visiting Fellow at the Yale Information Society Project, discusses his article "The Intuitive Appeal of Explainable Machines" (co-authored with Solon Barocas, Assistant Professor in the Department of Information Science at Cornell University), which will appear in the Fordham Law Review. Selbst begins by framing the promise and peril of algorithmic decisionmaking. Among other things, he explains how algorithmic decisionmaking works and describes the current debate over how to regulate it. In particular, he notes that many regulatory proposals focus on requiring the explanations of how an algorithm works. But he and Barocas argue that regulators should also require justifications for the construction of those algorithms, and propose some ways in which those justifications could be provided.

Keywords: algorithmic accountability, explanations, law and technology, machine learning, big data, privacy, discrimination

Hosted on Acast. See acast.com/privacy for more information.

Nicole Pottinger on the Copyright Office & Copyright Registration

Tue, 20 Nov 2018 21:17:11 GMT

In this episode, Nicole Pottinger, a third-year law student at the University of Kentucky and summer intern at the United States Copyright Office, discusses her experiences at the Copyright Office, the mechanics of copyright registration, and our co-authored paper "Registration is Fundamental." Among other things, Pottinger explains what happens at the Copyright Office and why authors should consider registering their works of authorship. She also discusses the pending United States Supreme Court case Fourth Estate Public Benefit Corp. v. Wall-Street.com, how it could affect copyright registration, and why we concluded that copyright registration is important to the copyright system. You can also read Pottinger's summary of the case here. Pottinger is on Twitter at @nicolepottinger.

Keywords: copyright, copyright office, copyright registration, supreme court, SCOTUS

Hosted on Acast. See acast.com/privacy for more information.

Laura Appleman on Disability & Mass Incarceration

Mon, 19 Nov 2018 20:12:15 GMT

In this episode, Laura I. Appleman, Van Winkle Melton Professor of Law at Willamette University College of Law, discusses her article "Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration," which will appear in the Duke Law Journal. Appleman explains the history of the concept of "disability" and how it has often led to incarceration, at one time in asylums and today in penitentiaries. Among other things, she describes how the concept of disability has changed over time, and how those changes have intersected with ideological, political, and policy shifts. And she discusses how disability, primarily in the form of mental illness, plays a critical role in contemporary mass incarceration. She also makes suggestions for reform, focused on rehabilitation, rather than punishment. Appleman is on Twitter at @lawandlitprof.

Keywords: mass incarceration, institutionalization, eugenics, carceral state, disabled

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 2: The Living Constitution of the United States (1961)

Sat, 17 Nov 2018 22:39:30 GMT

In 1961, the Union Oil Company of California produced an album titled "The Living Constitution of the United States." The album consists primarily of a recitation of the text of the Constitution of the United States by four men, respectively representing a northerner, an easterner, a southerner, and a westerner. A narrator also provides some explanatory context. Of course, it is accompanied by a "patriotic" score. The "technical consultant" on the album was Professor Arvo Van Alstyne of the University of California at Los Angeles Law School. As the producers of the album explained:

Our Constitution is not just a yellowing parchment preserved for posterity in the nation's capital; it is a living, vital document that is constantly referred to in the daily press. Yet few of us know it as well as we should.

This record brings the Constitution to life, makes it understandable and shows its application to the great issues of our day.

You can't possibly realize the importance of this album until you hear it. And you cannot help but be moved by it, as you gain new understanding of the eloquent words which "ordain and establish" the American concept of freedom.

Hosted on Acast. See acast.com/privacy for more information.

Mike Madison on the Concepts of the "Work" & Creativity in Copyright

Fri, 16 Nov 2018 21:26:42 GMT

In this episode, Michael J. Madison, Professor of Law at the University of Pittsburgh College of Law, discusses his papers "The End of the Work as We Know It" and "Creativity and Craft," which respectively address the fundamental copyright concepts of the "work" and creativity." Among other things, Madison observes that we do not have a coherent doctrinal definition of either concept, and that incoherence often leads courts to lose sight of the purpose of copyright protection. Madison blogs at Madisonian and tweets at @profmadison.

Keywords: intellectual property, intanible property, tangible property, copyright, originality, craft, Work of Authorship, Boundaries, Boundary Objects

Hosted on Acast. See acast.com/privacy for more information.

From the Archives 1: William O. Douglas, The Bible and the Schools (1964)

Thu, 15 Nov 2018 21:19:09 GMT

This recording is a condensation of Justice William O. Douglas's book "The Bible and the Schools," in which Douglas described and explained the United States Supreme Court opinions addressing prayer, Bible reading, and religion in public schools. He was supposed to have delivered this lecture for the Phi Beta Kappa Associates in New York City on November 22, 1963, the day President John F. Kennedy was assassinated. The lecture was cancelled, and Douglas released the talk as an LP instead.

Keywords: Religious law, faith, establishment clause

Hosted on Acast. See acast.com/privacy for more information.

Erin Sheley on Broken Windows & Sexual Assault

Wed, 14 Nov 2018 23:53:00 GMT

In this episode, Erin Sheley, Associate Professor of Law at the University of Oklahoma College of Law, discusses her article "A Broken Windows Theory of Sexual Assault Enforcement." Among other things, Sheley explains the "broken windows" theory of criminal law enforcement, and why it may be a uniquely appropriate tool for reducing sexual assault. In particular, she focuses on the need to address the culture of sexual violence that normalizes assault, and how more aggressively policing street harassment could help change those social norms. She also discusses the potential application of a similar approach to corporate cultures that encourage sexual violence, as addressed in her forthcoming paper "Tort Answers to the Problem of Corporate Criminal Mens Rea." Sheley is on Twitter at @erin_sheley.

Keywords: sexual assault, rape, gender, harassment, criminal law

Hosted on Acast. See acast.com/privacy for more information.

Cat Moon on Teaching Legal Problem Solving

Mon, 12 Nov 2018 18:21:43 GMT

In this episode, Caitlin "Cat" Moon, Director of Innovation Design for the Program in Law and Innovation (PoLI) at Vanderbilt Law School, discusses her approach to pedagogy and teaching legal problem solving. Among other things, Moon addresses the role of mindfulness, creativity, and poetry in lawyering. And she provides practical advice about how law students can learn to become better lawyers. Moon is on Twitter at @inspiredcat.

Keywords: Human Centered Design, legal services, technology

Hosted on Acast. See acast.com/privacy for more information.

Thea Johnson on Fictional Pleas

Thu, 08 Nov 2018 21:42:40 GMT

In this episode, Thea Johnson, Associate Professor of Law at the University of Maine School of Law, discusses her excellent article "Fictional Pleas," which will appear in the Indiana Law Journal. Johnson defines a "fictional plea" as when a criminal defendant agrees to plead guilty to a crime that never actually happened. Among other things, she explains why a defendant would agree to a fictional plea, and what they tell us about criminal punishment and the criminal justice system.

Keywords: Criminal Procedure, Criminal Law, Plea Bargain, Pleas, Prosecutor, Public Defender, Courts, Legal Fictions

Hosted on Acast. See acast.com/privacy for more information.

Sarah Burstein on Design Patent Law, Doctrine & Policy

Wed, 07 Nov 2018 22:45:25 GMT

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her influential article "The Article of Manufacture in 1887" and her draft paper "Whole Designs." Among other things, Burstein describes the history of design patent protection and the subject matter of design patents, in theory and in practice. She then outlines the various arguments and judicial opinions in Apple v. Samsung, and explains why the central problem was a mistaken understanding of the term "article of manufacture" as used by Congress in 1887. Burstein tweets at @design_law, and her Design Law tumblr is an invaluable resource.

Keywords: intellectual property, design patents, design law, Apple v. Samsung, Supreme Court, article of manufacture, disgorgement

Hosted on Acast. See acast.com/privacy for more information.

Dave Fagundes & Aaron Perzanowski on Clown Eggs & Property Norms

Wed, 07 Nov 2018 19:05:17 GMT

In this episode, Dave Fagundes, Baker Botts LLP Professor of Law at the University of Houston Law Center, and Aaron Perzanowski, Professor of Law at Case Western Reserve University College of Law, discuss their paper "Clown Eggs & Property Norms," which will appear in the Notre Dame Law Review. Among other things, Fagundes and Perzanowski describe the Clown Egg Register, an collection of (mostly) ceramic eggs used to document the appearance of well-known clowns. They explain why the Register was created, and how clowns use it to not only to police informal ownership norms in their appearance, but also to promote and regulate their profession. You can see many of the clown eggs in Luke Stephenson & Helen Champion's book of photographs, "The Clown Egg Register."

Keywords: norms, property, informal ownership, registration, copyright, trademark, creativity without law, IP without IP

Hosted on Acast. See acast.com/privacy for more information.

Rick Underwood on Murder Ballads and Gilded Age Lawyers

Tue, 06 Nov 2018 20:20:23 GMT

In this episode, Richard H. Underwood, Edward T. Breathitt Professor of Law at the University of Kentucky College of Law, discusses his recent books, "CrimeSong: True Crime Stories From Southern Murder Ballads" and "Gaslight Lawyers: Criminal Trials & Exploits in Gilded Age New York." Among other things, Underwood describes the old, weird America captured in murder ballads, and tells the true stories behind several of his favorite murder ballads. He also explains how different (and similar!) 19th century lawyering was to today.

Keywords: jurisprudence, judges, American Law, Culture, Practice of Law, history, true crime

Hosted on Acast. See acast.com/privacy for more information.

Mike Kanach on Trademarks & Craft Beer

Mon, 05 Nov 2018 20:35:24 GMT

In this episode, Michael D. Kanach, a partner at Gordon & Rees LLP in San Francisco and a trademark scholar focused especially on issues relating to the craft beer industry, discusses trademarks, branding, and craft beer. Among other things, he explains what trademarks protect, how to obtain a trademark, and the business considerations affecting whether to register a trademark. You can read some of Kanach's articles here and here.

Keywords: Patent law, authenticity, symbolic goods, evaluations, on-line reviews, mergers, acquisitions

Hosted on Acast. See acast.com/privacy for more information.

Amos Jones on Civil Rights, Religious Liberty, and the African-American Church

Sat, 03 Nov 2018 20:14:25 GMT

In this episode, Amos Jones, an independent legal scholar, constitutional litigator, and Executive Director of the African-American Trust for Historic Preservation, discusses his work on African-American legal history and the role of the church in the civil rights movement. Among other things, Jones discusses the importance of preserving historic African-American churches and recognizing their pivotal role in American history. He also discusses his work as a constitutional litigator protecting religious liberties, and how his faith shapes his scholarship and legal practice.

Keywords: Contracts, Identity

Hosted on Acast. See acast.com/privacy for more information.

Eric Chaffee on the Collaborative Theory of the Corporation

Wed, 31 Oct 2018 19:15:50 GMT

In this episode, Eric C. Chaffee, Professor of Law at the University of Toledo College of Law, discusses his "collaborative theory" of the corporation. Chaffee begins by describing the history of corporations and the prevailing theories of the corporation. He then introduces his collaborative theory, and explains how it improves on existing theories by asking why corporations exist in the first place. Specifically, he shows how the collaborative theory provides a framework for understanding corporate social responsibility and the regulation of corporation. He also discusses how the collaborative theory illuminates the relationship between for-profit and non-profit corporation. The conversation focuses on his papers "Collaboration Theory: A Theory of the Charitable Tax Exempt Nonprofit Corporation" and "The Origins of Corporate Social Responsibility." Chaffee is on Twitter at @EricChaffee.

Keywords: Corporate Law, Nonprofit, Not-for-profit, Theory of the Corporation

Hosted on Acast. See acast.com/privacy for more information.

Josh Douglas on Voting Rights

Tue, 30 Oct 2018 19:05:41 GMT

In this episode, Josh Douglas, Thomas P. Lewis Professor of Law at the University of Kentucky College of Law discusses his forthcoming book "Vote for US: How to Take Back Our Elections and Change the Future of Voting." In his book, Douglas makes a number of innovative but controversial proposals for increasing voter participation and engagement, including reducing felon disenfranchisement, lowering the voting age to 16, introducing universal voting by mail, improving access to voting machines, and changing the redistricting process, among other things. You can read more of Douglas's scholarship on his SSRN page here. He is on Twitter at @JoshuaADouglas.

Keywords: Election law, voting rights

Hosted on Acast. See acast.com/privacy for more information.

Patrick O'Donnell on Independent Scholarship

Sat, 27 Oct 2018 21:35:58 GMT

In this episode, Patrick S. O'Donnell, an independent researcher and writer, discusses his experiences as an independent scholar of philosophy, religion, and law. O'Donnell is well-known among legal scholars for his long history as a thoughtful and prolific commenter and contributor to many different legal scholarship blogs, as well as for his erudite and exhaustive bibliographies on a wide range of different subjects, from religion and eastern philosophy to marxism and the philosophy of mind. Among other things, he shares his intellectual history and reflects on how "bread labor" has informed his relationship to scholarship. You can read some of O'Donnell's scholarship here. And you can read a little bit about him in this blog post by Jeffrey Lipshaw of Suffolk University Law School.

Keywords: analogy, metaphor, analogical reasoning, precedent, cognitive science, pragmatics, semantics, philosophy of language, philosophy of mind

Hosted on Acast. See acast.com/privacy for more information.

Thomas Kadri on the Right of Publicity & Free Speech

Fri, 26 Oct 2018 19:47:57 GMT

In this episode, Thomas Kadri, a Ph.D. candidate at Yale Law School and resident fellow at the Yale Information Society Project, discusses his new paper "Drawing Trump Naked: Curbing the Right of Publicity to Protect Portraits of Real People." Kadri explains the history of the right of publicity and its relation to the right of privacy. He then discusses the various justifications offered for the right of publicity, and the tensions between the right of publicity and the right of free speech. In particular, he considers the right of publicity in relation to artistic speech, as well as "hard cases" like revenge porn and "deep fakes." You can follow Kadri on Twitter at @thomaskadri.

Keywords: online speech, private platforms, internet platforms, internet intermediaries, free speech, constitutional law, First Amendment, private governance, tort law, defamation, privacy law

Hosted on Acast. See acast.com/privacy for more information.

Andy Grewal on Emoluments

Thu, 25 Oct 2018 20:01:30 GMT

In this episode, Andy Grewal, Professor of Law at the University of Iowa College of Law, discusses his work on the foreign and domestic emoluments clauses, specifically focusing on his papers "The Foreign Emoluments Clause and the Chief Executive" and "The Purposes of the Foreign Emoluments Clause." Grewal explains the current controversies and litigation over the meaning and application of the emoluments clauses, and explains why he believes a textualist reading of the clauses is both correct and practically preferable to purposivist readings.

Keywords: emoluments

Hosted on Acast. See acast.com/privacy for more information.

Tim Schneider on the "Great Reframing" of the Art Market

Wed, 24 Oct 2018 22:16:56 GMT

In this episode, Tim Schneider, Art Business Reporter at artnet news, discusses the art market through the lens of his recent book, "The Great Reframing: How Technology Will––and Won't––Change the Gallery System Forever." Among other things, Schneider explains how the primary and secondary markets for fine art work - and don't! - and why "disrupting" them will be harder than many people would like to believe. You can read Schneider's older work at The Gray Market and timfschneider.com. You can also find him on twitter at @the_gray_market. This episode was co-hosted by Dima Strakovsky, Associate Professor of Art in the University of Kentucky School of Art and Visual Studies.

Keywords: Art, Networks, uncertainty, structural holes, art galleries

Hosted on Acast. See acast.com/privacy for more information.

Guy A. Rub on Artist's Resale Royalties

Tue, 23 Oct 2018 01:03:48 GMT

In this episode, Guy A. Rub, Professor of Law at the Ohio State University Moritz College of Law, discusses his extensive scholarship on artist's resale royalties. Among other things, he discusses his article "The Unconvincing Case for Resale Royalties," as well as a new article in progress explaining why the 9th Circuit's recent opinion in Close v. Sotheby's holding that the California Resale Royalties Act was preempted by the Copyright Act was probably wrong. This episode is co-hosted by Jake Linford, Associate Professor of Law at Florida State University College of Law.

Keywords: Copyright, Resale Royalties, droite de suite, Congress, Legislation, Art

Hosted on Acast. See acast.com/privacy for more information.

Jake Linford on Linguistic Theory & Trademark Doctrine

Tue, 23 Oct 2018 00:52:17 GMT

In this episode, Jake Linford, Associate Professor of Law at Florida State University College of Law, discusses his scholarship on how linguistic theory can inform our understanding of trademark doctrine, especially the so-called "hierarchy of marks." Among other things, he touches on his papers "Are Trademarks Ever Fanciful?", "The False Dichotomy Between Suggestive and Descriptive Trademarks", and "A Linguistic Justification for 'Generic' Trademarks." This episode is co-hosted by Guy A. Rub, Professor of Law at the Ohio State University Moritz College of Law.

Keywords: trademarks, source significance, secondary meaning, distinctiveness, inherent distinctiveness, linguistics, suggestive, descriptive, Abercrombie, semantics, cognitive research, etymology, semantic shift, semantic change, semantic drift

Hosted on Acast. See acast.com/privacy for more information.

Eric E. Johnson on the Museum of Intellectual Property

Mon, 22 Oct 2018 03:36:33 GMT

In this episode, Eric E. Johnson, Associate Professor of Law at the University of Oklahoma College of Law, discusses his Museum of Intellectual Property, which comprises a collection of artifacts that were the subject of intellectual property litigation, or illuminate the history of intellectual property. As he explains on the museum's website, "The project of the Museum of Intellectual Property is to collect and display tangible relics from the cases that define the law of copyright, patent, trademark, and other fields." The museum is an invaluable contribution to intellectual property scholarship and a resource on which I have long relied. And it inspired me to create my own "Mini-Museum of Intellectual Property" at the University of Kentucky College of Law.

Keywords: Behavioral Economics, Intellectual Property, Copyright, Patent, Incentives, Intrinsic Motivation, Psychology, Classical Economics

Hosted on Acast. See acast.com/privacy for more information.

Yxta Maya Murray on Epistemic Injustice & #MeToo

Sat, 20 Oct 2018 02:33:22 GMT

In this episode, Yxta Maya Murray, Professor of Law at Loyola Law School Los Angeles, discusses her provocative articles "'FEMA Has Been a Nightmare:' Epistemic Injustice in Puerto Rico" and "Draft of a Letter of Recommendation to the Honorable Alex Kozinski, Which I Guess I'm Not Going to Send Now." In addition to being a law professor, Murray is also an essayist and novelist, and her literary perspective deeply inflects her legal scholarship. In "FEMA Has Been a Nightmare", she uses the concept of "epistemic injustice" to show how the government's failed response to Hurricane Maria reflected not epistemic uncertainty about what Puerto Ricans needed, but rather the "testimonial injustice" of officials disbelieving or ignoring the people they were supposed to help. Building from a series of interviews, she uses "uncertainty theory" to explain the causes of the government's comically tragic failure to understand any of the needs of the people it was supposed to help. In "Draft of a Letter", Murray uses a fictional letter of recommendation to show how "hermeneutic injustice" helped spark the #MeToo movement. Typos, strikethroughs, and comments fracture the text, expressing the refusal to be silenced in the form of narrative irruptions. You can read more of Murray's work on her SSRN page. As an aside, I cannot recommend her articles more highly, they are subtle, thought-provoking, and delightfully fun to read.

Keywords: Administrative Law, Civil Rights and Discrimination, Constitutional Law, Disaster Law Commons, Law and Politics, Legal Theory

Hosted on Acast. See acast.com/privacy for more information.

Todd Zywicki on the History & Regulation of Consumer Credit

Thu, 18 Oct 2018 21:27:16 GMT

In this episode, Todd J. Zywicki, Foundation Professor of Law at the George Mason University Antonin Scalia Law School, discusses his provocative scholarship on the history and regulation of consumer credit. Zywicki begins by explaining the origins of both modern consumer credit and consumer credit scholarship in the 1920s. Then he discusses the gradual emergence of other forms of consumer credit, including credit cards. In light of this history, he offers some thoughts on how the government could better regulate access to consumer credit, as well as some observations on the use of behavioral law and economics by scholars of consumer credit. You can read more of Zywicki's voluminous scholarship on consumer credit and other subjects on his SSRN page.

Keywords: bankruptcy, consumer credit, distress model, foreclosure, homeownership, lending practices, mortgages, option model, regulation, subprime

Hosted on Acast. See acast.com/privacy for more information.

Erin Thompson on "Official Fakes" & the Antiquities Market

Wed, 17 Oct 2018 19:10:41 GMT

In this episode, Erin L. Thompson, Associate Professor of Art Crime at John Jay College of Criminal Justice, City University of New York, discusses her important and amusing article "'Official Fakes: The Consequences of Governmental Treatment of Forged Antiquities as Genuine during Seizures, Prosecutions, and Repatriations." Thompson is one of the foremost American experts on art crime. In this article, she discusses the (often inadvertent) trade in "official fakes" or counterfeit antiquities. Among other things, she explains how they make it more difficult to police the illicit trade in real antiquities. You can read Thompson's other work on art and antiquities on her SSRN page. And you can reach her on twitter @artcrimeprof.

Keywords: forgery, comparative law, international law, criminal law, art law, cultural heritage

Hosted on Acast. See acast.com/privacy for more information.

Antonia Eliason on Lillian McMurry and the Blues Contracts of Trumpet Records

Tue, 16 Oct 2018 05:16:03 GMT

In this episode, Antonia Eliason, Assistant Professor of Law at the University of Mississippi School of Law, discusses her fascinating article "Lillian McMurry and the Blues Contracts of Trumpet Records," which uses primary source archival research to tell a serious of important stories about the social history of the Mississippi blues through the contractual and personal relationships between the musicians and their publisher. Trumpet Records was one of the most important and idiosyncratic Mississippi record labels of the early 1950s, releasing 78s recorded by iconic artists like Elmore James and Sonny Boy Williamson. Founded and operated by Lillian McMurray, it only operated from 1951-55, but had an enormous impact on the dissemination of the Mississippi blues. Eliason uses the business record and manuscripts from the Trumpet Records archival collection to tell the story of the label, and the complicated relationships between McMurray and the musicians whose work she published.

Keywords: blues, music, contracts, contract law, sonny boy williamson, lillian mcmurry, trumpet records, copyright, mississippi, contracts

Hosted on Acast. See acast.com/privacy for more information.

Kim Krawiec on Repugnant Markets

Fri, 12 Oct 2018 19:40:23 GMT

In this episode, Kimberly D. Krawiec, Kathrine Robinson Everett Professor of Law at Duke University School of Law, discusses her scholarship on "repugnant markets" or "taboo trades," including prostitution and kidneys. Listeners might be interested in her papers "If We Pay Football Players, Why Not Kidney Donors?"; "If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don't We Allow Kidney Donors to Be Paid for Saving Lives?"; "Repugnance Management and Transactions in the Body"; "Organ Entrepreneurs"; and "Contract Development in a Matching Market: The Case of Kidney Exchange." Of course, there are many more excellent papers on her SSRN page.

Keywords: organ donation, football, health risks, health and medicine, kidney transplants, boxing, concussions

Hosted on Acast. See acast.com/privacy for more information.

Omri Rachum-Twaig on Regulating Creativity

Fri, 12 Oct 2018 15:47:42 GMT

In this episode, Omri Rachum-Twaig discusses his new book "Copyright Law and Derivative Works: Regulating Creativity," just published by Routledge. In his book, Omri uses insights from creativity studies and genre theory to explain how copyright law should think about originality and the creation of works of authorship.

Keywords: Copyright, Genre, Derivative Works, Idea/Expression, Originality, Creativity,

Hosted on Acast. See acast.com/privacy for more information.

Rebecca Giblin on Copyright Policy and Reform

Fri, 12 Oct 2018 00:18:44 GMT

In this episode, Rebecca Giblin, Associate Professor at Monash University Law, discusses her paper "A New Copyright Bargain: Reclaiming Lost Culture and Getting Authors Paid," which was recently published by the Columbia Journal of Law & the Arts. In her paper, Giblin expands on her previous work, including the book "What If We Could Reimagine Copyright?" Among other things, she explains why the Berne Convention and TRIPS have created the false impression that copyright policy is immutable, and shows how reform is actually possible and desirable.

Keywords: Copyright, Berne, TRIPS, Authors, Libraries, Incentives, Rewards

Hosted on Acast. See acast.com/privacy for more information.

Enrique Guerra-Pujol on Gödel's Loophole

Mon, 08 Oct 2018 19:28:36 GMT

In this episode, Professor Enrique Guerra-Pujol of the University of Central Florida College of Business discusses his paper "Gödel's Loophole." When logician and mathematician Kurt Gödel applied for United States citizenship, he claimed to have discovered a logical flaw in the United States Constitution that would make a dictatorship possible. Unfortunately, no one ever recorded the logical flaw Gödel identified. In his paper, Guerra-Pujol tells the story of Gödel's discovery and advances a theory of the logical flaw.

Keywords: Gödel, Gödelian design defects, constitutional statements, self-amendment, entrenchment, anti-entrenchment clauses

Hosted on Acast. See acast.com/privacy for more information.

Eric Segall on Originalism as Faith

Thu, 04 Oct 2018 15:08:49 GMT

In this episode, Professor Eric J. Segall of Georgia State University of College of Law discusses his new book, Originalism as Faith. Segall's book describes the historical development of the concept of judicial review, and how the modern concept of "originalism" emerged in the 1980s, as a way of limiting judicial discretion. He then explains how "new originalism" and "new-new originalism" have developed into something quite different.

Keywords: Originalism, Living Constitutionalism, Legal Realism, Constitutional Interpretation, Legal History, Constitutional Law

Hosted on Acast. See acast.com/privacy for more information.

Valena E. Beety on the Overdose/Homicide Epidemic

Wed, 03 Oct 2018 14:44:44 GMT

Valena E. Beety, Professor of Law at West Virginia University College of Law and Director of the West Virginia Innocence Project, discusses her draft paper "The Overdose/Homicide Epidemic." Beety explains that many states allow prosecutors to charge drug overdose deaths as homicides, if the drugs were provided by someone else, often with mandatory minimum sentences as long as 20 years. And she observes that elected coroners may exacerbate the problem, by making findings that enable prosecutors to charge overdoses as homicides more easily.

Keywords: forensic science, evidence, criminal law, overdose, opioids, death investigation, coroner, medical examiner, forensics, mass incarceration, drug-induced homicide

Hosted on Acast. See acast.com/privacy for more information.

Ramsi Woodcock on the Efficient Queue and the Case Against Dynamic Pricing

Mon, 01 Oct 2018 18:56:08 GMT

In this episode, Professor Ramsi Woodcock of the University of Kentucky College of Law discusses his paper "The Efficient Queue and the Case Against Dynamic Pricing."

Keywords: Antitrust, Monopolization, Dynamic Pricing, Consumer Welfare, Sherman Act, Algorithms, Rationing, Technology, Economic Rent

Hosted on Acast. See acast.com/privacy for more information.