Ipse Dixit
801 episodes - English - Latest episode: 7 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
CJ Ryan on Law School Rankings
December 07, 2018 19:09 - 38 minutes - 34.9 MBIn 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 t...
Amelia Rinehart on 19th Century Patent Pools & the Sherman Act
December 06, 2018 20:35 - 33 minutes - 31 MBIn 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 18...
Heidi Tandy on Fanworks & Intellectual Property
December 05, 2018 20:40 - 37 minutes - 34.6 MBIn 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 communi...
Pamela Foohey on Consumer Bankruptcy & "Life in the Sweatbox"
December 04, 2018 20:05 - 34 minutes - 31.7 MBIn 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 ine...
From the Archives 6: Interview with William O. Douglas, Associate Justice, U.S. Supreme Court (1957)
December 03, 2018 22:23 - 15 minutes - 13.8 MBIn 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 l...
Amy Schmitz on Online Dispute Resolution & the "New Handshake"
December 03, 2018 19:28 - 33 minutes - 30.8 MBIn 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 fairl...
From the Archives 5: Your Living Bill of Rights, As Interpreted by the U.S. Supreme Court
December 01, 2018 22:11 - 41 minutes - 38.4 MBIn 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 La...
Kevin Casini on Teaching Entertainment Law From Practice
November 30, 2018 02:17 - 39 minutes - 36.2 MBIn 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...
Deidré Keller on Privacy & #blacklivesmatter
November 28, 2018 23:55 - 41 minutes - 37.7 MBIn 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...
Ruth Anne Robbins on Legal Document Design
November 28, 2018 18:25 - 36 minutes - 33.2 MBIn 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 read...
Ron Colombo on Corporate Free Exercise
November 27, 2018 23:06 - 45 minutes - 41.3 MBIn 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 associati...
The Homicide Squad 1: The Banks of the Ohio
November 27, 2018 03:58 - 37 minutes - 34.2 MBThe 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...
Bridget Crawford & Emily Gold Waldman on the Unconstitutionality of "Tampon Taxes"
November 26, 2018 17:53 - 32 minutes - 30 MBIn 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...
From the Archives 4: Judge Stephen Breyer on Copyright (1984)
November 24, 2018 18:34 - 15 minutes - 21.4 MBOn 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 Copyrig...
Irina Manta on "Tinder Lies"
November 23, 2018 21:38 - 51 minutes - 47.5 MBIn 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 v...
From the Archives 3: The National March on Washington for Lesbian & Gay Rights / The Gay Freedom Train (1979)
November 21, 2018 21:33 - 35 minutes - 32.5 MBIn 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 fro...
Andrew Selbst on Justifying Algorithmic Decisionmaking
November 21, 2018 20:13 - 36 minutes - 33.2 MBIn 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 h...
Nicole Pottinger on the Copyright Office & Copyright Registration
November 20, 2018 21:17 - 27 minutes - 25.6 MBIn 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 ...
Laura Appleman on Disability & Mass Incarceration
November 19, 2018 20:12 - 40 minutes - 36.9 MBIn 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 h...
From the Archives 2: The Living Constitution of the United States (1961)
November 17, 2018 22:39 - 40 minutes - 36.7 MBIn 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 ...
Mike Madison on the Concepts of the "Work" & Creativity in Copyright
November 16, 2018 21:26 - 40 minutes - 37.4 MBIn 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 ...
From the Archives 1: William O. Douglas, The Bible and the Schools (1964)
November 15, 2018 21:19 - 38 minutes - 35 MBThis 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. K...
Erin Sheley on Broken Windows & Sexual Assault
November 14, 2018 23:53 - 37 minutes - 34.7 MBIn 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 stree...
Cat Moon on Teaching Legal Problem Solving
November 12, 2018 18:21 - 45 minutes - 41.9 MBIn 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 ...
Thea Johnson on Fictional Pleas
November 08, 2018 21:42 - 31 minutes - 28.7 MBIn 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. Keyword...
Sarah Burstein on Design Patent Law, Doctrine & Policy
November 07, 2018 22:45 - 37 minutes - 34.7 MBIn 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 understan...
Dave Fagundes & Aaron Perzanowski on Clown Eggs & Property Norms
November 07, 2018 19:05 - 35 minutes - 32.3 MBIn 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...
Rick Underwood on Murder Ballads and Gilded Age Lawyers
November 06, 2018 20:20 - 29 minutes - 27.1 MBIn 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!)...
Mike Kanach on Trademarks & Craft Beer
November 05, 2018 20:35 - 39 minutes - 35.8 MBIn 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, evaluati...
Amos Jones on Civil Rights, Religious Liberty, and the African-American Church
November 03, 2018 20:14 - 55 minutes - 50.5 MBIn 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 protecti...
Eric Chaffee on the Collaborative Theory of the Corporation
October 31, 2018 19:15 - 43 minutes - 39.5 MBIn 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 ...
Josh Douglas on Voting Rights
October 30, 2018 19:05 - 41 minutes - 38.4 MBIn 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 machine...
Patrick O'Donnell on Independent Scholarship
October 27, 2018 21:35 - 51 minutes - 47.5 MBIn 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 min...
Thomas Kadri on the Right of Publicity & Free Speech
October 26, 2018 19:47 - 54 minutes - 49.9 MBIn 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...
Andy Grewal on Emoluments
October 25, 2018 20:01 - 30 minutes - 28.1 MBIn 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 corre...
Tim Schneider on the "Great Reframing" of the Art Market
October 24, 2018 22:16 - 44 minutes - 40.8 MBIn 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 c...
Guy A. Rub on Artist's Resale Royalties
October 23, 2018 01:03 - 25 minutes - 23.3 MBIn 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 J...
Jake Linford on Linguistic Theory & Trademark Doctrine
October 23, 2018 00:52 - 26 minutes - 23.9 MBIn 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. Ru...
Eric E. Johnson on the Museum of Intellectual Property
October 22, 2018 03:36 - 28 minutes - 26.1 MBIn 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...
Yxta Maya Murray on Epistemic Injustice & #MeToo
October 20, 2018 02:33 - 46 minutes - 43 MBIn 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 co...
Todd Zywicki on the History & Regulation of Consumer Credit
October 18, 2018 21:27 - 33 minutes - 30.9 MBIn 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...
Erin Thompson on "Official Fakes" & the Antiquities Market
October 17, 2018 19:10 - 26 minutes - 24.3 MBIn 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 antiquitie...
Antonia Eliason on Lillian McMurry and the Blues Contracts of Trumpet Records
October 16, 2018 05:16 - 31 minutes - 28.5 MBIn 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 ...
Kim Krawiec on Repugnant Markets
October 12, 2018 19:40 - 28 minutes - 26.4 MBIn 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 Transac...
Omri Rachum-Twaig on Regulating Creativity
October 12, 2018 15:47 - 44 minutes - 40.6 MBIn 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
October 12, 2018 00:18 - 36 minutes - 33 MBIn 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, ...
Guy Hamilton-Smith on Sex Offender Registration & Social Media
October 10, 2018 13:50 - 31 minutes - 29.2 MBIn this episode, Guy Hamilton-Smith, Legal Fellow at the Mitchell Hamline School of Law Sex Offense Litigation and Policy Resource Center, discusses his article "The Digital Wilderness: A Decade of Exile & the False Hopes of Lester Packingham." In Packingham v. North Carolina (2017), the Supreme Court unanimously held that the First Amendment protects the right of registered sex offenders to use social media. Nevertheless, many states make it almost impossible to exercise that right, by pros...
Enrique Guerra-Pujol on Gödel's Loophole
October 08, 2018 19:28 - 32 minutes - 29.9 MBIn 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...
Eric Segall on Originalism as Faith
October 04, 2018 15:08 - 31 minutes - 29.3 MBIn 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 ...
Valena E. Beety on the Overdose/Homicide Epidemic
October 03, 2018 14:44 - 26 minutes - 24.4 MBValena 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 prosecuto...