In this episode, Cynthia Meyers, Professor of Communication at the College of Mount Saint Vincent, discusses her work on the history of radio blacklisting, including her book "A Word from Our Sponsor: Admen, Advertising, and the Golden Age of Radio." Meyers explains how and why the blacklist worked, focusing on the incentives of sponsors, broadcasters, writers, and performers. She provides critical context that helps explain why sponsors and broadcasters were receptive to complaints, and why those incentives changed. Meyers is on Twitter at @AnneHummert.

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, Brian N. Larson, Associate Professor of Law at Texas A&M University School of Law, discusses his article "Endogenous and Dangerous," which will be published in the Nevada Law Journal. Larson begins by observing that judicial opinions often include endogenous citations, or citations that don't appear in the briefing of either party. He presents the results of an empirical study of copyright fair use cases designed to identify when and why judges used endogenous citations. And he argues that courts should allow parties to brief endogenous citations used to support substantive conclusions. Larson is on Twitter at @Rhetoricked.

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, David P. Weber, Professor of Law at Creighton University School of Law, discusses his article "Athletes in Transit: Why the Game is Different in Sports and the Visas Should be Too," which will be published in the Tulane Law Review. Weber begins by noting the scholarly consensus that immigration is generally a net positive to the national economy, and observes that this is especially true in the case of immigrant athletes, but is often frustrated by the immigration laws. He explains that there are many different visas that professional and amateur athletes can use to immigrate to or visit the United States, but that they all have problems. Among other things, they are excessively subjective, unpredictable, and unfair. He argues for reform, both by rolling back current procedure and by liberalizing athlete visas. Weber is on Twitter at @DavidPWeber.

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, Noah Chauvin, a recent graduate of William & Mary Law School and a current judicial clerk, discusses his scholarship on free speech, including his article "Governments 'Erasing History' and the Importance of Free Speech," which will be published in the Northern Illinois University Law Review, and his book review, "Anthony Leaker's Against Free Speech: Shadowboxing with Free Speech Principles," which will be published in the South Carolina Law Review. Chauvin begins by reflecting on contemporary criticisms of free speech principles, identifying what he considers their strongest arguments and explaining why they are wrong. He discusses why he was disappointed by Leaker's arguments against free speech, as compared to arguments made by other critics. And he explains why we should be wary of arguments criticizing free speech principles. Chauvin is on Twitter at @NoahChauvin.

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, Jamie Abrams, Professor of Law at the University of Louisville Brandeis School of Law, discusses her articles "Legal Education's Curricular Tipping Point," which will be published in the Hofstra Law Review, and "Feminist Pedagogy in Legal Education," which will be published in the Oxford Handbook of Feminism and Law in the United States. Abrams begins by explaining how feminism and feminist theory has historically informed legal pedagogy. She reflects on how the COVID-19 pandemic has forced legal pedagogy to adapt to changed circumstances, and how many law professors have adopted reforms suggested by feminist theory. And she argues that legal pedagogy should retain those reforms, in order to become more effective and more inclusive. Abrams's scholarship is on SSRN.

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, Seth G. Benzell, Assistant Professor at Chapman University Argyros School of Business and Economics, discusses his work on how to understand and regulate Facebook, which he co-authored with Avinash Collis. You can read their article, "How to Govern Facebook: A Structural Model for Taxing and Regulating Big Tech," or their white paper, "Modeling Effective Regulation of Facebook." Benzell begins by explaining how their study differs from other studies. He describes the data they collected and how they analyzed it. And he reflects on how the data enabled them to evaluate the likely effectiveness and efficiency of different approaches to regulations. Benzell is on Twitter at @SBenzell.

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, Kurt Schneider, former CEO of the Harlem Globetrotters, entrepreneur, and host of the Smart Drivel podcast, discusses the entertainment industry, his experiences working with lawyers, and his love of martinis. Schneider begins by explaining his background in the entertainment industry at Disney, WWE, and the Harlem Globetrotters, among other companies. He reflects on his experiences working with lawyers, including when they were helpful or not so helpful, and what he looked for in a lawyer. He discusses how entertainment industry executives think about intellectual property. And he explains why a gin martini with a twist is the perfect cocktail. Schneider is on Twitter at @KurtMSchneider8.

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, Amy Cyphert, Lecturer in Law and Director of the ASPIRE Office at the West Virginia University College of Law, discusses her article "Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk," which is published in the Seton Hall Law Review. Cyphert begins by explaining how the First Step Act changed the way the Department of Justice makes decisions about when to release particular people from federal prison, including in response to the COVID pandemic. Specifically, she discusses the new PATTERN system, which provides a framework for placing people in different risk categories, based on both static and dynamic features. She observes that it may be an improvement on previous, more subjective methods, but still lacks the transparency necessary to evaluate it for accuracy and bias. She argues that it is a good first step, but more steps are needed. Cyphert is on Twitter at @CyphertAmy.

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, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article "Weaponizing Copyright." Smith begins by explaining that "weaponizing" copyright is using it for non-copyright ends. In theory, copyright is supposed to be about ensuring that copyright owners reap the economic value of the works they own. But sometimes, copyright owners use their copyright to accomplish non-economic goals. Often, those goals are laudable, like punishing racist speech or removing revenge porn from the internet. But they can also be bad, especially when they involve the suppression of critical speech. Smith reflects on that tension and how it might be resolved, through the lens of many different examples. Smith is on Twitter at @CathaySmith.

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, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown, discusses his article "Constitutional Hedging." Bernick begins by explaining that "constitutional hedging" is when judges consider the merits and demerits of multiple theories of constitutional interpretation when deciding how to answer a question, rather than pre-committing to one preferred theory. He describes how judges might engage in constitutional hedging, and observes that it may be a more systematic version of how many judges already answer constitutional questions. He also reflects on how constitutional hedging squares with different normative theories of law, as well as legal realism. Bernick is on Twitter at @evanbernick.

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.