Ipse Dixit

In this episode, Mike Masnick, founder and CEO of the Copia Institute and editor of the Techdirt blog, discusses his work on internet governance and the economics of abundance. He begins by discussing his book "Approaching Infinity," which reflects on what it means to move from a world of scarce resources to one of infinite digital resources. He also discusses his article "Protocols, Not Platforms: A Technological Approach to Free Speech," which asks how the regulation of the internet affects its structure and use. And he describes his new project, "Newly Finite Themes," which will use both of these frames to explore how digital scarcity could create a new internet ecosystem. Masnick is on Twitter at @mmasnick.

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.

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In this episode, Logan Strother, Assistant Professor of Political Science at Purdue University, discusses his article, "An Experimental Investigation of the Effect of Supreme Court Justices’ Public Rhetoric on Perceptions of Judicial Legitimacy," which he co-authored with Colin Glennon, as well as his other scholarship on judicial legitimacy. Strother observes that Supreme Court justices often argue that the Court is an apolitical, neutral arbiter of disputes, in order to increase the institutional legitimacy of the Court. He then presents experimental evidence showing that this legitimizing rhetoric appears to work, especially on people who agree with the outcome of the Court's decisions. Strother is on Twitter at @LoganRStrother.

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.

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In this episode, Thomas J. Tobin, an author, speaker, and scholar of higher education quality discusses his work on copyright education and distance learning. Among other things, he discusses how became interested in distance learning, how it lead to an interest in copyright policy and education, and the different ways in which he has advanced that conversation. He also describes the process of creating his comic book "The Copyright Ninja," and how it is used by copyright educators. Tobin is on Twitter at @ThomasJTobin. He has also shared the following links:

• UW-Madison Center for Teaching, Learning, & Mentoring: https://ctlm.wisc.edu/ 
• The Pre-Raphaelite Critic: https://mathcs.duq.edu/~tobin/PR_Critic/ 
• "Copyright for Distance Educators" (2000), Distance Learning Administration conference: http://mathcs.duq.edu/~tobin/cv/essay.dla.02.ppt
• "Copyright for Distance Education" (2001), Intellectual Property and Digital Information in Higher Education: Problems and Solutions. Temple University: http://mathcs.duq.edu/~tobin/cv/essay.temple.01.rtf
• Copyrightx: https://cyber.harvard.edu/teaching/copyrightx
• "Training Your Faculty about Copyright when the Lawyer Isn't Looking" (2014), Online Journal of Distance Learning Administration: https://www.westga.edu/~distance/ojdla/summer172/tobin172.html
• Kneece, M. (2015). The Art of Comic Book Writing: https://www.penguinrandomhouse.com/books/220559/the-art-of-comic-book-writing-by-mark-kneece/
• Michael Watson, comic-book artist: https://www.facebook.com/5KWATTS
• The Copyright Ninja (2017): https://squareup.com/store/thomasjtobin (US), http://mathcs.duq.edu/~tobin/cv/copyright.ninja.canada.html (Canada)

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.

Hosted on Acast. See acast.com/privacy for more information.

In this episode, Benjamin P. Edwards, Associate Professor of Law and Director of the Public Policy Clinic at the University of Nevada Las Vegas William S. Boyd School of Law, discusses his draft article "Supreme Risk." Edwards explains that the United States financial markets are regulated primarily by self-regulatory organizations or "SROs" supervised by government agencies. He discusses his history of SROs, and observes that they can insulate financial markets from systemic political risk. But he notes that they are vulnerable to judicial risk, especially now that the Supreme Court seems poised to question the constitutional legitimacy of their structure. He reflects on the different potential constitutional problems, and explains how SROs can help mitigate judicial risk. Edwards is on Twitter at @BenPEdwards.

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.

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In this episode, Grace McLaughlin, a recent graduate of Harvard Law School, discusses her note "Fanciful Failures: Keeping Nonsense Marks off the Trademark Register," which is published in the Harvard Law Review. McLaughlin begins by explaining what "nonsense marks" are and why some companies register them. She observes that nonsense marks frustrate the expectations of trademark doctrine, primarily because they linguistically fail to function as marks. She explains how trademark examiners should identify nonsense marks, and differentiate them from merely weak marks. And she reflects on what nonsense marks can teach us about the application of trademark doctrine. McLaughlin is on Twitter at @graceyphus.

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.

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In this episode, Ashley T. Rubin, Associate Professor of Sociology at the University of Hawai‘i at Mānoa, discusses her new book, "Rocking Qualitative Social Science: An Irreverent Guide to Rigorous Research," which is published by Stanford University Press. Rubin begins by explaining what qualitative research is, how it differs from quantitative research, and why qualitative research can answer questions that quantitative research can't. She describes what qualitative researchers do and why they do it. She covers key concepts in producing reliable qualitative data and meaningful assessment of that data. And she explains why objections to qualitative research misunderstand its methodologies and goals. Rubin's website is here, and she is on Twitter at @ashleytrubin.

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.

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In this episode, Lee Montgomery, Associate Professor of Experimental Art and Technology at the University of New Mexico, discusses the intersection of artistic practice and the law. Among other things, he describes his Neighborhood Public Radio project, which was featured in the 2008 Whitney Biennial, and its reception by National Public Radio. He reflects on the relationship between analog and digital communication, and how the law affects his artistic practice, and those of other artists. Montgomery's work is available here, and he is on Twitter at @bcast_version.

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.

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In this episode, Eric J. Segall, Ashe Family Chair Professor of Law at Georgia State University College of Law, discusses his forthcoming essay "John Roberts: Hubris-in-Chief." Segall reflects on the tension between Chief Justice Roberts's reputation as an institutionalist and the radical positions he has taken in many cases. He argues that this reflects a hubris that is bad for the Supreme Court as an institution, and reflects poorly on Roberts. In particular, Roberts's opinions in cases involving affirmative action and voting rights adopt aggressive positions and distort precedent in order to reach a desired result. Segall is on Twitter at @espinsegall.

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.

Hosted on Acast. See acast.com/privacy for more information.

In this episode, Zachary D. Kaufman, Associate Professor of Law and Political Science at the University of Houston Law Center, discusses his article "Digital Age Samaritans," which is published in the Boston College Law Review. Kaufman begins by describing "bad samaritan" laws that impose liability on certain people who fail to report crimes or other harms. He observes that these laws are common, but rarely used, and poorly suited to modern form of digital communication. He discusses a case study of a sexual assault that was videostreamed live, and how bad samaritan laws could apply to digital bypasses. He also presents a model bad samaritan law for the digital age. Kaufman is on twitter at @zacharykaufman.

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.

Hosted on Acast. See acast.com/privacy for more information.

In this episode, Anthony Moffa, Associate Professor of Law at the University of Maine School of Law, discusses his articles, "Word Limited: An Empirical Analysis of the Relationship Between the Length, Resiliency, and Impact of Federal Regulations" and "Strength In Numbers (of Words): Empirical Analysis of Preambles and Public Comments," both of which will be published in the Nevada Law Journal. Moffa presents two empirical studies of the length of agency rules, intended to test hypotheses about why individual rules have gotten longer. In the first paper, the evidence shows that length doesn't protect rules from judicial review, but is correlated with social benefit. In the second, the evidence shows that the length of the preamble of a rule is affected by the number of public comments. Moffa reflects on what we can learn from these finding, and what we might want to study going forward. Moffa is on Twitter at @AntMoffa.

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.

Hosted on Acast. See acast.com/privacy for more information.