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Ipse Dixit

A Podcast on Legal Scholarship

Ipse 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 r... More
Latest Episode
2019-6-26

Brandon Magner on Union Elections and the "Laboratory Conditions" Doctrine

Season 1, Ep. 282

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.

2019-6-26

Brandon Magner on Union Elections and the "Laboratory Conditions" Doctrine

Season 1, Ep. 282

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.

2019-6-25

From the Archives 85: William H. Townsend, The Lion of Whitehall: Cassius Marcellus Clay (1952)

Season 1, Ep. 281

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.
2019-6-24

Ari Bryen on the Legal Culture of Ancient Rome

Season 1, Ep. 280

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.

2019-6-24

Hannah Haksgaard on Blending Surnames at Marriage

Season 1, Ep. 279

In this episode, Hannah Haksgaard, Associate Professor of Law at the University of South Dakota School of Law, discusses her article “Blending Surnames at Marriage,” forthcoming in the Stanford Law and Policy Review. Prof. Hakgaard starts with her engaging personal story of creating a new, blended surname with her husband while relating some of the challenged that arose while attempting to do so initially in South Dakota, then finding success in North Dakota. She then gives a brief overview of the history of surname changes at marriage in the United States along with an overview of current legislation in New York, North Dakota, Kansas, and California allowing for blended surnames. Prof. Haksgaard then discusses her legislative proposal for those 46 states that do not explicitly acknowledge or allow for blended surnames, and reflects on why traditional, dual gendered understandings of surnames are outdated. She then addresses expected objections to her proposal, explaining why any fears of fraud and administrative confusion are unfounded. Prof. Haksgaard concludes by highlighting the benefit to states willing to adopt her proposal—avoiding constitutional challenge. 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.

2019-6-22

Eric Kades on Inequality & the Rule Against Perpetuities

Season 1, Ep. 278

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.

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.

2019-6-21

Matt Lawrence on Social Consequences in Health Insurance

Season 1, Ep. 277

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.

2019-6-21

Louis Rosen on Marvel's Daredevil as Vigilante & Lawyer

Season 1, Ep. 276

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.