Share

cover art for Jeffrey Bellin on Fourth Amendment Textualism

Ipse Dixit

Jeffrey Bellin on Fourth Amendment Textualism

Season 1, Ep. 287
•

In this episode, Jeffrey Bellin, Professor of Law and University Professor for Teaching Excellence at William & Mary Law School, discusses his paper "Fourth Amendment Textualism," forthcoming in the Michigan Law Review. Bellin begins by exploring the problems with current Fourth Amendment “search” jurisprudence and its reliance on Katz v. United States’ amorphous 'reasonable expectation of privacy' test. He notes that current Fourth Amendment doctrine is nonintuitive and unclear for both state actors and the general public, and recommends, instead, a textualist approach. He expounds upon the approach, defining “search” in an intuitive manner, as well as offering definitions for the remaining applicable textual components of the Fourth Amendment, “their” and "persons, houses, papers, and effects," and discusses how such an approach would work in the twenty-first century. He concludes by discussing why this approach might be an improvement, and what scholars, lawyers, and the courts should take away from his proposal. Bellin is on Twitter at @BellinJ.

This episode was hosted by Luce Nguyen, a college student and co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.

More episodes

View all episodes

  • 817. Kevin Frazier & Alan Rozenshtein on AI in Legal Scholarship

    49:25||Season 1, Ep. 817
    In this episode, Kevin Frazier, an AI Innovation and Law Fellow at UT Austin School of Law and Contributing Editor at Lawfare, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School, discuss their draft article "Large Language Scholarship: Generative AI in the Legal Academy." They begin by explaining what an AI model is, what kind of AI models they are talking about in their article, and how AI models are affecting legal scholarship. They explain how the legal academy has responded to the use of AI models, and reflect on how using AI models could enable legal scholars to produce better legal scholarship more efficiently. They also offer some pointers on effective AI use in legal scholarship. Frazier is on Twitter and Bluesky. Rozenshtein is also on Twitter and Bluesky.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 816. Nicholas Bruckman on "Minted"

    47:36||Season 1, Ep. 816
    In this episode, Nicholas Bruckman, a documentary filmmaker, discusses his new film "Minted," which documents the "non-fungible token" or NFT phenomenon of the early 2020s. Bruckman begins by describing his background as a documentary filmmakers, as well as how he became interested in cryptocurrencies and NFTs. He explains how he first started working on Minted and how the film developed over time. He reflects on how he constructed the story of the film and explained NFTs to a novice audience. And he speculates on the future of NFTs and digital art. Bruckman is on Twitter and Instagram.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 815. Michael Assis on Art, Digital Art & NFTs

    35:15||Season 1, Ep. 815
    In this episode, Michael Assis, a PhD candidate at the Bard Graduate Center, discusses his scholarship on art, digital art, and NFTs, including his dissertation in progress, Decentralized Objects: Non-fungible Tokens in the Age of Web3. Among other things, Assis explains what NFTs are and how they relate to the history and theory of art and digital art. He discusses how the concept of authenticity has evolved over time and what NFTs can tell us about the future of authenticity. Assis is on Twitter and Bluesky.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 814. From the Archives 114: Barbara Ringer on Implementing the Copyright Law: What Librarians Should Know.

    53:39||Season 1, Ep. 814
    At the 1977 American Association of Law Libraries Annual Meeting, Barbara Ringer, the eighth Register of Copyrights, gave a presentation titled "Implementing the Copyright Law: What Librarians Should Know," in which she explained how the Copyright Act of 1976, of which she was the principle drafter, would affect libraries and librarians. This is a recording of her presentation.Many thanks to Zvi S. Rosen for finding, digitizing, and providing this recording.

  • 813. Zvi Rosen on the History of Copyright in Computer-Generated Works

    40:17||Season 1, Ep. 813
    In this episode, Zvi Rosen, Assistant Professor of Law at the Southern Illinois University Simmons Law School and incoming Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses his draft article "AI Authorship: A Case of History Repeating Itself?" Rosen explains how copyright law and the Copyright Office have wrestled with concept of copyright in computer-generated works, beginning with the first computer-generated works submitted for copyright registration in the 1950s. He argues that the Copyright Office of the 1950s and 1960s provided answers to those vexing questions that are still relevant today in relation to AI-generated works. Rosen is on Twitter and Bluesky. This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 812. Jill Hasday on Women's Voices in the Women's Rights Movement

    38:25||Season 1, Ep. 812
    In this episode, Jill Hasday, Distinguished McKnight University Professor and Centennial Professor in Law at the University of Minnesota Law School, discusses her new book, "We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality," which is published by Oxford University Press. Hasday explains how men have historically used rhetoric to minimize the role of women in claiming rights for women and discount the need for a women's rights movement. She discusses many different historical episodes, including the fight for the 19th Amendment, inclusion of sex discrimination in Title VII of the Civil Rights Act of 1964, and the ongoing struggle to ratify the Equal Rights Amendment to show how women were systematically written out of women's history. And she explains why it's important to commemorate the role of women in order to continue the fight for equal rights. Hasday is on Twitter and Bluesky.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 811. Rohan Grey on Digitizing the Public Fisc

    01:02:37||Season 1, Ep. 811
    In this episode, Rohan Grey, Assistant Professor of Law at Willamette University School of Law, discusses his draft article "Digitizing the Fisc." Grey begins by explain how the Trump administration and Elon Musk have seized unilateral control of the administrative state through federal payment systems. He explains how those systems work and why their current structure makes it impossible for Congress to prevent a determined president from hobbling the administrative state. He proposes an alternative structure for the public fisc, using digital currency system managed by Congress. He explains how that alternative system would enable Congress to assert its full power over the budget and protect the government from a rogue executive. Grey is on Twitter and Bluesky. You can find more information on his website.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 810. Dan Rabinowitz on AI Litigation Analytics

    43:36||Season 1, Ep. 810
    In this episode, Dan Rabinowitz, founder and CEO of Pre/Dicta, a litigation analytics platform that uses artificial intelligence to predict the outcome of lawsuits, explains how the platform works, why it is useful, and who might find value in using it.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

  • 809. Gregory Dickinson on Preventing Online Fraud

    31:41||Season 1, Ep. 809
    In this episode, Gregory M. Dickinson, Assistant Professor of Law at the University of Nebraska-Lincoln College of Law, discusses his article "The Patterns of Digital Deception," which is published in the Boston College Law Review. Dickinson begins by explaining why it's important to prevent online fraud, but also important to prevent it effectively and efficiently. He observes that many current legislative efforts to prevent online fraud will probably be ineffective, in part because they target technologies that have both fraudulent and non-fraudulent uses, and in part because they will be easy for fraudsters to avoid, He argues that different approaches may be more effective, including encouraging private litigation and targeting regulation to specific bad actors. Dickinson is on Twitter at @gmdickinson.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.