Ipse Dixit

In 1986, the American economist, political scientist and cognitive psychologist Herbert Simon published "Rationality in Psychology and Economics" in the Journal of Business. Continuing with Simon's critique of neoclassical assumptions of economic behavior, Simon asserts that the standard of rationality used in neoclassical economic analysis is insufficient to analyze the real world. In particular, he critiques the over-use of assumptions in the works of Gary Becker and others, that he contends makes economic science unreplicable and ascientific. "Research into the decision-making process within economic organizations" won Simon the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel in 1978.

This article was read by Luce Nguyen, who is on Twitter at @NguyenLuce.

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In 1991, the American economist, political scientist and cognitive psychologist Herbert Simon published "Organizations and Markets" in the Journal of Economic Perspectives. It provides a critique of neoclassical and new institutional economic assumptions of organizational behavior. "Research into the decision-making process within economic organizations" won him the The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel in 1978. Simon provides a theory of organizations in economic systems in both capitalist and non-capitalist economies in this paper.

This article was read by Luce Nguyen, who is on Twitter at @NguyenLuce.

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In this episode, Christine Abely, faculty fellow at New England Law Boston, discusses her article "E-Commerce Transactions and Country of Origin Marking for Imported Products: A Gap Between Statutory Purpose and Legal Requirements," which is published in the Virginia Journal of International Law. Abely describes the history of country of origin designations in customs law, and how they were intended to protect consumers by providing them with salient information about consumer products. She observes that consumers may not currently get as much information about the origin of products purchased online as they want or deserve. And she discusses legislative proposals to mandate additional disclosures. Abely is on Twitter at @CEAbely.

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, Joan Howarth, Distinguished Visiting Professor at University of Las Vegas William S. Boyd School of Law and Dean Emerita of Michigan State University College of Law, discusses her article "First and Last Chance: Looking for Lesbians in Fifties Bar Cases," which is published in the Souther California Review of Law and Women's Studies. Howarth begins by discussing the cases and archival records she used to tell the stories of lesbians living in the San Francisco Bay Area in the 1950s. She reflects on the dehumanizing language police, prosecutors, and judges used to describe gay people at the time, and how the cases still preserve a valuable record of the lives and experiences of gay people. She also discusses the process of archival research and how it can helpfully inform legal scholarship. Howarth is on Twitter at @JoanHowarth1.

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, Bernard Sharfman and Vincent Deluard discuss their article, "How Discretionary Decision-Making Has Created Performance and Legal Disclosure Issues for the S&P 500 Index." Bernard Sharfman is a Senior Corporate Governance Fellow at the RealClearFoundation, a member of the Journal of Corporation Law’s editorial advisory board, and a former Visiting Assistant Professor of Law at the University of Maryland School of Law and the Case Western Reserve University School of Law. Vincent Deluard is the global macro strategist for StoneX, where he authors weekly research reports on global macro trends, flows, European capital markets and quantitative topics. Vincent advises large pension funds and other institutional investors on asset allocation and risk management. Sharfman is on Twitter at @s_sharfman and Deluard is on Twitter at @VincentDeluard.

They discuss how the discretionary nature of the S&P 500's Index Committee creates legal and performance issues. In particular, they discuss how the exclusion of Tesla and dual-class share structures are examples of how this discretion poorly serves investors. They discuss potential proposed solutions, offer their own solutions, and conclude by discussing what investors, scholars, and policymakers should take away from their article. This episode was hosted by Luce Nguyen, who is on Twitter at @NguyenLuce.

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In this episode, Ross B. Nodurft, Senior Director of Cybersecurity Services at Venable LLP, Alexander Botting, Senior Director of International Cybersecurity Services at Venable LLP, and Amy Mahn, an international policy specialist in the United States Department of Commerce National Institute of Standards and Technology (NIST) Applied Cybersecurity Division, discuss cybersecurity risk management, especially in relation to standards-setting. They begin by describing their work, including an ongoing series of public events organized by NIST and the Center for Cybersecurity Policy and Law, bringing together cybersecurity professionals to discuss needs and best practices in managing cybersecurity risk. They explain how NIST develops standards for managing cybersecurity risk, and why those standards have been successful. And they reflect on the future of the standards-setting process. Nodurft is on Twitter at @RossNodurft, Botting is at @alexbotting, and NIST is at @NIST.

The NIST Cybersecurity Framework is available here. You can sign up for the Cybersecurity Risk Management Virtual Event Series here. And you can watch an event titled "Promoting Interoperability through Standards & Frameworks" here.

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, Etienne C. Toussaint, Associate Professor of Law at the University of the District of Columbia David A. Clarke School of Law, discusses his article "Blackness as Fighting Words," which is published in the Virginia Law Review Online. Toussaint begins by explaining how the First Amendment "fighting words" doctrine resonates with Black experience of policing and racial injustice. He observes that the state and the police treat blackness and Black dissent as a form of fighting words, excluded from protection. And he reflects on what it means for how we think about speech in relation to other constitutional rights. Toussaint is on Twitter at @EtienneT_Esq.

This episode was hosted by Maybell Romero, Felder-Fayard Associate Professor of Law at Tulane University School of Law. Romero is on Twitter at @MaybellRomero.

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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 University Law Center, discusses his article "Eliminating Constitutional Law," which will be published in the South Dakota Law Review. Bernick begins by briefly describing the different ways legal theorists talk about the concept of law and how they are different. He observes that some legal theorists have argued that the law requires us to adopt particular methodologies of constitutional interpretation, and explains why he thinks they are wrong. He argues that we should eliminate reliance on legalism from constitutional decisionmaking, and reflects on what that would mean. 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.

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In this episode, David A. Friedman, Associate Dean for Strategic Initiatives and Professor of Law at Willamette University College of Law, discusses his article "Do We Need a Bar Exam ... for Experienced Lawyers?," which will be published in the UC Irvine Law Review. Friedman begins by describing the controversy that erupted over the administration of the bar exam during the Covid pandemic. He observes that the bar exam is supposed to ensure consumers that lawyers are competent, but most lawyers who get disciplined for misbehavior or incompetence have decades of experience. He suggests that if we insist on testing new lawyers, we should be testing longtime lawyers as well, because they present a larger risk to the public. Friedman is on Twitter at @profdaf.

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, Ryan Muldoon, Director of the Philosophy, Political Science and Economics Program and Associate Professor of Philosophy at the University of Buffalo, discusses his work on club goods and democracy. Muldoon begins by explaining how club goods are different from private and public good. He observes that club goods can both increase and decrease equity and efficiency. He reflects on how to determine whether a particular club good is good or bad, and how to regulate club goods more effectively. Muldoon is on Twitter at @RyanLMuldoon.

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.