Ipse Dixit

law
legal scholarship
jurisprudence
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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."