Ipse Dixit

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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," consi ...

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. Eisenho ...

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 su ...

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 ...

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 prof ...

CJ Ryan on Law School Rankings

Fri Dec 07 2018 (38:06)

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 ...

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, ...

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 ...

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 inevita ...

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 ...

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, w ...

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 ...

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 ...

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 Jor ...

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 readabil ...

Ron Colombo on Corporate Free Exercise

Tue Nov 27 2018 (45:05)

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 c ...

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 differe ...

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 put ...

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 O ...

Irina Manta on "Tinder Lies"

Fri Nov 23 2018 (51:50)

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 vulne ...

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 Ma ...

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 a ...

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 Cour ...

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 c ...

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 Univ ...

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 M ...

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.

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 ha ...

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.

Thea Johnson on Fictional Pleas

Thu Nov 08 2018 (31:21)

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.

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 ...

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 ...

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!) 19t ...

Mike Kanach on Trademarks & Craft Beer

Mon Nov 05 2018 (39:05)

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.

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 r ...

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 corp ...

Josh Douglas on Voting Rights

Tue Oct 30 2018 (41:58)

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, a ...

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. A ...

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 ...

Andy Grewal on Emoluments

Thu Oct 25 2018 (30:42)

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 a ...

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 a ...

Guy A. Rub on Artist's Resale Royalties

Tue Oct 23 2018 (25:26)

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 ...

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, P ...

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, tr ...

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 concep ...

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 cou ...

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. A ...

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 Miss ...

Kim Krawiec on Repugnant Markets

Fri Oct 12 2018 (28:51)

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 Transaction ...

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.

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 ...

In 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 prosecut ...

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 the ...

Eric Segall on Originalism as Faith

Thu Oct 04 2018 (31:58)

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.

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 t ...

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."