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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
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2019-8-24

Justin Simard on Citing Slavery

Season 1, Ep. 360

In this episode, Justin Simard, a Visiting Assistant Professor at Willamette University College of Law, discusses his article "Citing Slavery," which will be published in the Stanford Law Review. Simard begins by observing that courts often cite cases involving slaves as precedent, often without even acknowledging it. He argues that this is a problem, not only because those cases are often bad law, but also because it is wrong to perpetuate the law of slavery. He points out that slave cases were always inflected by the ideology of slavery, and therefore aren't actually reliable precedents. And he reflects on the normative problems with treating slave cases like any other cases. Simard's scholarship is available on SSRN.

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

2019-8-24

Justin Simard on Citing Slavery

Season 1, Ep. 360

In this episode, Justin Simard, a Visiting Assistant Professor at Willamette University College of Law, discusses his article "Citing Slavery," which will be published in the Stanford Law Review. Simard begins by observing that courts often cite cases involving slaves as precedent, often without even acknowledging it. He argues that this is a problem, not only because those cases are often bad law, but also because it is wrong to perpetuate the law of slavery. He points out that slave cases were always inflected by the ideology of slavery, and therefore aren't actually reliable precedents. And he reflects on the normative problems with treating slave cases like any other cases. Simard's scholarship is available on SSRN.

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

2019-8-22

Ari Glogower on the Constitutionality of a Federal Wealth Tax

Season 1, Ep. 359

In this episode, Ari Glogower, Assistant Professor of Law at the Ohio State University Moritz College of Law, discusses his article "A Constitutional Wealth Tax," which will be published in the Michigan Law Review. Glogower begins by explaining what a "wealth tax" is, and how it differs from an income tax. He explains why the constitutional requirement to apportion "direct" taxes among the states creates potential problems for the implementation of a federal wealth tax, and how the Supreme Court has addressed those concerns over time. And he explains how a "wealth integration" alternation could not only avoid those constitutional issues, but also show how they reflect a conceptual incoherence at the heart of the constitutional dispute. Glogower is on Twitter at @AriGlogower.

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

2019-8-17

Robert Tsai on Practical Equality

Season 1, Ep. 358

In this episode, Robert L. Tsai, Professor of Law at the American University Washington College of Law and Clifford Scott Green Chair and Visiting Professor of Law at Temple University Beasley School of Law, discusses his book "Practical Equality," which is published by W.W. Norton and Company. Tsai begins be explaining what he means by "practical equality" and how it works to shape the law. He provides examples of how courts and other institutions have acted consistently and inconsistently with practical equality. And he reflects on how the concept of practical equality can help up address hard questions more effectively. Tsai is on Twitter at @robertltsai.

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

2019-8-15

Blake Hudson on Climate Change Messaging

Season 1, Ep. 357

In this episode, Blake Hudson, Professor of Law and A.L. O'Quinn Chair in Environmental Studies at the University of Houston Law Center, discusses his article "Denying Disaster: A Modest Proposal for Transitioning from Climate Change Denial Culture in the Southeastern United States," which he co-authored with Evan Spencer, and published in the University of Arkansas at Little Rock Law Review. Hudson begins by observing that the Southeastern United States is especially vulnerable to climate change, but voters in the region resist policies intended to mitigate climate change. He reflects on the reasons for that resistance, and offers thoughts on how advocacy organizations could communicate with Southern voters more effectively. Hudson is on Twitter at @ForestLawProf.

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

2019-8-15

Hadar Aviram on Progressive Punitivism

Season 1, Ep. 356

In this episode, Hadar Aviram, Professor of Law at the University of California Hastings College of the Law, discusses her new article “Progressive Punitivism: Notes on the Use of Punitive Social Control to Advance Social Justice Ends." She explains the role of punitivism in American culture, the ways in which it is being deployed to address progressive social causes, and potential ramifications of our collective inability to imagine new ways to addressing seemingly intractable problems in our society. Aviram is on Twitter at @aviramh.

This episode was hosted by Guy Hamilton-Smith, Legal Fellow at the Sex Offense Litigation and Policy Resource Center at the Mitchell Hamline School of Law. Hamilton-Smith is on Twitter at @G_Padraic.

2019-8-14

Nikolas Bowie on Written Constitutionalism

Season 1, Ep. 355

In this episode, Nikolas Bowie, Assistant Professor of Law at Harvard Law School, discusses his article "Why the Constitution Was Written Down," which was published in the Stanford Law Review. Bowie begins by explaining why the concept of a written constitution was important and its conventional origin story. He describes the charter of the Massachusetts Bay Company and how colonists came to conceptualize it in constitutional terms. He observes that this shift led American colonists to conceptualize constitutionalism differently than people in England. He reflects on how this affected early American constitutional thought. And he explains how it ought to affect constitutional interpretation today. Bowie is on Twitter at @nikobowie.

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

2019-8-12

From the Archives 103: Billie Jean Parker, The Truth About Bonnie And Clyde (1968)

Season 1, Ep. 354

Bonnie Elizabeth Parker (1910-1934) and Clyde Chestnut Barrow (1909-1934) were American criminals, who robbed several banks and countless small stores between 1931 and May 23, 1934, when they were killed in an ambush by a posse of law enforcement officers. Bonnie and Clyde murdered 9 law enforcement officers, as well as many civilians. The sensational press coverage of their crime spree made them notoriously, but their popularity waned as their death toll grew.

In February 1935, the Dallas Police Department and the FBI arrested and prosecuted 20 family members and friends of Bonnie and Clyde, for aiding and abetting their criminal activities. One of the defendants was Bonnie's sister, Billie Jean Parker, who was convicted and spent time in prison.

In 1967, Arthur Penn directed the motion picture Bonnie and Clyde, starring Warren Beatty and Faye Dunaway. The movie romanticized the couple and introduced them to a new audience. Capitalizing on Bonnie & Clyde's new popularity, Felton Jarvis interviewed Billie Jean Parker, and RCA Victor released the interview on LP, accompanied by music from the film. Here is the tracklist:

Foggy Mountain Breakdown (From The Film "Bonnie And Clyde") (Instrumental) Introduction By Jud Collins 0:45

What Kind Of People Were Bonnie And Clyde? 6:52

Billie Jean On The Road With Bonnie And Clyde 4:01

The Time They Needed Guns 1:21

The Car Wreck And How Clyde's Brother Was Killed 7:26

Bonnie's Outlook On Life And Bonnie's Poem "The Ballad Of Bonnie And Clyde" 3:50

Some Of The Things That Happened 3:00

Billie Jean With Bonnie And Clyde 4:41

Who Did They Rob? 1:35

Billie Jean Parker Serving Time 2:56

The Death Of Bonnie And Clyde 5:15

Foggy Mountain Breakdown (Instrumental) Narration By Jud Collins 0:40