Ipse Dixit
802 episodes - English - Latest episode: 4 days ago - ★★★★★ - 98 ratingsIpse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series.
"From the Archives" consists historical recordings potentially of interest to legal scholars and lawyers."The Homicide Squad" consists of investigations of the true stories behind different murder ballads, as well as examples of how different musicians have interpreted the song over time."The Day Antitrust Died?" is co-hosted with Ramsi Woodcock, Assistant Professor of Law at the University of Kentucky College of Law, and consists of oral histories of the 1974 Airlie House Conference on antitrust law, a pivotal moment in the history of antitrust theory and policy.The hosts of Ipse Dixit are:
Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of LawLuce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin CollegeMaybell Romero, Assistant Professor of Law at Northern Illinois University College of LawAntonia Eliason, Assistant Professor of Law at the University of Mississippi School of LawSaurabh Vishnubhakat, Associate Professor of Law at Texas A&M School of LawJohn Culhane, Professor of Law at Widener University Delaware Law SchoolBenjamin Edwards, Associate Professor of Law at the UNLV William S. Boyd School of LawMatthew Bruckner, Associate Professor of Law at Howard University School of LawComments and suggestions are always welcome at [email protected]. You can follow the Ipse Dixit on Twitter at @IpseDixitPod.
Hosted on Acast. See acast.com/privacy for more information.
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Episodes
From the Archives 65: Senator Sam at Home (1973)
February 16, 2019 03:45 - 44 minutes - 41 MBSenator 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 re...
Joshua Kleinfeld on American & European Cultures of Punishment
February 15, 2019 22:23 - 51 minutes - 46.9 MBIn this episode, Joshua Kleinfeld, Professor of Law at Northwestern University Pritzker School of Law, discusses his article "Two Cultures of Punishment," which was published by the Stanford Law Review. The episode was guest-hosted by Guy Hamilton-Smith, Legal Fellow at the Mitchell Hamline School of Law Sex Offense Litigation and Policy Resource Center. Kleinfeld describes how the differences between the American and European approaches to criminal justice reflect two fundamentally cultures ...
From the Archives 64: Everett McKinley Dirksen at Christmas Time (1967)
February 14, 2019 21:27 - 36 minutes - 33 MBIn 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 Dirks...
From the Archives 63: Federal Trade Commission, Shop Wisely: Think Before You Buy (~1970-73)
February 14, 2019 15:00 - 16 minutes - 15.4 MBIn 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 thi...
From the Archives 62: Everett Dirksen's America (1970)
February 14, 2019 01:09 - 32 minutes - 30.1 MBIn 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 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,...
Michael Morley on "Nationwide Injunctions"
February 13, 2019 02:12 - 43 minutes - 39.6 MBIn 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 actio...
From the Archives 61: G. Edward Griffin, A Second Look at the Supreme Court
February 12, 2019 05:08 - 45 minutes - 41.6 MBIn 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-Pres...
From the Archives 60: Senator Everett McKinley Dirksen, Gallant Men: Stories of the American Adventure (1966)
February 08, 2019 14:00 - 40 minutes - 37.1 MBIn 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 Ca...
From the Archives 59: The Nation's Nightmare, Crime on the Waterfront (1952)
February 07, 2019 14:00 - 28 minutes - 26.3 MBIn 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, in...
From the Archives 58: The Nation's Nightmare, The Narcotic Evil (1952)
February 06, 2019 13:38 - 28 minutes - 26.4 MBIn 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, in...
From the Archives 57: Alen Robin, "Supershrink" (1971)
February 05, 2019 13:39 - 26 minutes - 24.7 MBIn 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
February 05, 2019 00:34 - 53 minutes - 49.3 MBIn 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 pro...
Brian L. Frye on Plagiarism Norms
February 04, 2019 05:23 - 1 hour - 55.4 MBBrian 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...
Janewa Osei-Tutu on Socially Responsible Corporate IP
February 03, 2019 20:29 - 37 minutes - 33.9 MBIn 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 we...
From the Archives 56: Judge Burton Kolman on the Experience of Becoming Blind (1966)
January 31, 2019 04:37 - 7 minutes - 17.2 MBIn 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 gradua...
From the Archives 55: Orson Welles, The Begatting of the President (1970)
January 30, 2019 02:17 - 27 minutes - 25.3 MBOn 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)
January 29, 2019 07:05 - 30 minutes - 28.1 MBIn 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)
January 28, 2019 15:25 - 44 minutes - 40.8 MBOn 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
January 28, 2019 00:57 - 42 minutes - 39.1 MBIn 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 shap...
From the Archives 52: Four Days That Shocked the World (1963)
January 27, 2019 22:16 - 46 minutes - 42.5 MBIn 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
January 26, 2019 22:57 - 55 minutes - 50.7 MBIn 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 ...
From the Archives 51: Supreme Court Cases Second Series, Abrams v. U.S. (1963)
January 26, 2019 14:00 - 10 minutes - 9.69 MBIn 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...
From the Archives 50: Supreme Court Cases Second Series, Lochner v. New York (1963)
January 25, 2019 14:00 - 9 minutes - 8.61 MBIn 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...
Carys Craig on Critical Approaches to Copyright Theory
January 24, 2019 17:51 - 41 minutes - 38.3 MBIn 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...
From the Archives 49: Supreme Court Cases Second Series, U.S. v. E.C. Knight (1963)
January 24, 2019 14:00 - 7 minutes - 6.72 MBIn 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...
W. Bradley Wendel on the History of Philosophical Legal Ethics
January 24, 2019 01:36 - 37 minutes - 34.3 MBIn 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 le...
From the Archives 48: Supreme Court Cases Second Series, Civil Rights Cases (1963)
January 23, 2019 14:21 - 15 minutes - 14.1 MBIn 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...
Mehrsa Baradaran on Black Banks & the Racial Wealth Gap
January 23, 2019 04:17 - 39 minutes - 36.3 MBIn 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 capi...
From the Archives 47: Supreme Court Cases Second Series, Slaughter House Cases (1963)
January 22, 2019 13:36 - 6 minutes - 6.08 MBIn 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...
Christopher Sprigman on Data-Driven Authorship
January 21, 2019 21:26 - 33 minutes - 30.7 MBIn 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 pref...
From the Archives 46: The Voice of Greatness, Dr. Martin Luther King with the Clara Ward Singers (1971)
January 21, 2019 14:00 - 35 minutes - 32.9 MBIn 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)
January 21, 2019 09:47 - 11 minutes - 10.3 MBIn 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...
From the Archives 44: Supreme Court Cases, Ex Parte Milligan (1963)
January 20, 2019 22:16 - 16 minutes - 14.7 MBIn 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...
From the Archives 43: Supreme Court Cases, Mississippi v. Johnson (1963)
January 19, 2019 14:00 - 11 minutes - 10.8 MBIn 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...
David Eil on Moving from Economics to Law
January 18, 2019 23:51 - 36 minutes - 33.6 MBIn 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 m...
From the Archives 42: Supreme Court Cases, Chisholm v. Georgia
January 18, 2019 13:51 - 14 minutes - 13.5 MBIn 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...
Charlotte Tschider on Consent & Choice in Health Data
January 18, 2019 02:16 - 44 minutes - 40.9 MBIn 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 t...
From the Archives 41: Supreme Court Cases, Brown v. Board of Education (1961)
January 17, 2019 18:04 - 8 minutes - 7.6 MBIn 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. Howe...
Jacob Rooksby on Becoming a Law School Dean
January 17, 2019 00:49 - 39 minutes - 36.5 MBIn 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...
From the Archives 40: Supreme Court Cases, NLRB v. Jones & Laughlin Steel Corp. (1961)
January 16, 2019 14:00 - 9 minutes - 8.43 MBIn 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. Howe...
From the Archives 39: Supreme Court Cases, Schechter v. The United States (1961)
January 15, 2019 14:00 - 8 minutes - 7.83 MBIn 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. Howe...
Derek Miller on the History of the Performance Right
January 15, 2019 03:49 - 39 minutes - 36.5 MBIn 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...
From the Archives 38: Supreme Court Cases, Powell v. Alabama (1961)
January 14, 2019 14:00 - 8 minutes - 7.78 MBIn 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. Howe...
Wesley Hottot on Timbs v. Indiana & the Excessive Fines Clause
January 13, 2019 23:03 - 50 minutes - 45.9 MBIn 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 arguin...
From the Archives 37: Supreme Court Cases, Farmers' Loan and Trust Company v. Pollock (1961)
January 13, 2019 14:00 - 7 minutes - 6.62 MBIn 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. Howe...
Anthony Kreis on the History of the Law of Sexuality & Gender
January 12, 2019 18:28 - 43 minutes - 39.5 MBIn 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 expl...
From the Archives 36: Supreme Court Cases, Munn v. Illinois (1961)
January 12, 2019 14:00 - 8 minutes - 7.53 MBIn 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. Howe...
David Ziff on Learning to Love the Bluebook
January 11, 2019 22:42 - 43 minutes - 40.3 MBIn 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 a...
John Culhane on Reconciling Freedom of Expression & Anti-Discrimination
January 11, 2019 22:17 - 36 minutes - 33.7 MBIn 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...
From the Archives 35: Supreme Court Cases, Dred Scott v. Sandford (1961)
January 11, 2019 14:00 - 12 minutes - 11.7 MBIn 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. Howe...