Ipse Dixit

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.

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

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.

In this episode, J. Remy Green, a partner at Cohen & Green PLLC and a teacher at Boston University Law and Baruch College at the City University of New York, and Austin A. Baker, a postdoctoral assistant professor at the Rutgers Center for Cognitive Science, discuss their article "There is No Such Thing as a Legal Name: A Strange, Shared Delusion." They begin by explaining how there is no universal definition of a "legal name," even though most people and institutions assume there is. They describe the different ways that the law uses names. And they argue that the law can and does allow people to use the names they want. They also reflect on the harms caused by refusing to use someone's correct name. Green is on Twitter at @j_remy_green, and Baker is at @AustinACBaker.

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, Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law, discusses the history of his professional career and the relationship between his art practice and his legal scholarship. Among other things he reflects on how he became interested in the law and how he became a copyright scholar. He explains how fair use could help art historians. And he he discusses his use of legal scholarship as a medium for conceptual art.

This episode was hosted by Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art. Buskirk is on Twitter at @martha_buskirk.

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

In this episode, Michael Dunford, a PhD student at Queen Mary University of London, discusses his copyright scholarship and his role as a copyright educator on Twitter. Dunford begins by explaining his path to studying copyright law. He describes the thesis of his dissertation, which reflects on why it's so hard to solve the policy problem posed by fanworks. He also discusses how he became an important voice on Twitter and how he sees that role. Dunford is on Twitter at @questauthority.

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, Nicholas Bagley, Professor of Law at the University of Michigan Law School, discusses his article "The Procedure Fetish," which was published in the Michigan Law Review. Bagley begins by observing that administrative procedure has both costs and benefits. He argues that we fetishize administrative procedure, telling ourselves it provides benefits it can't deliver, at the cost of preventing agencies from regulating more effectively. He argues that administrative procedure pushes regulation in a libertarian or "status quo" direction. And he reflects on why we have chosen to put our administrative eggs in a procedural basket. Bagley is on Twitter at @nicholas_bagley.

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, Teneille Ruth Brown, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses her article "Denying Death," which was published in the Arizona Law Review. Brown begins by explaining how she became interested in writing about the information doctors give cancer patients. She explains how and why doctors often given cancer patients misleading information about their diagnosis and prognosis. And she reflects on how that harms patients, by making it harder for them to make informed decisions. She makes suggestions about how doctors could provide more helpful information. And she discusses the impact of her article. Brown is on Twitter at @TeneilleBrown.

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, Jozef White, the founder of the Tabula Rasa Record Company, discusses the state of the music business and where it should go. He begins by explaining what the Tabula Rasa Record Company is and why he created it. He reflects on what artists want, and why some of them find Tabula Rasa attractive. And he talks about where he expects the project to go. White is on Twitter at @thejozefwhite.

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, Dr. David Ley, clinical psychologist and sex therapist, discusses the myth of "sex addiction" and his 2015 article Forensic Applications of "Sex Addiction" in US Legal Proceedings, published in Current Sexual Health Reports. He begins by discussing the history of the concept of "sex addiction," which is neither a formal diagnosis described under the DSM-V and has no standardized definition otherwise. Dr. Ley then explains how sex addiction and associated treatments are used as tools for avoiding responsibility for unhealthy and offending behavior, rather than addressing other, true causes such as narcissism. He then draws connections not only between those offering treatment for sex addiction and "pornography addiction," but also anti-masturbation movements like "NoFap," with white supremacist groups. Dr. Ley then highlights resources for sex workers to get access to sex-positive and non-judgmental mental healthcare. He closes by exhorting listeners to have deeper, more meaningful conversations about sex rather than continuing to have the "sensational, knee-jerk...blame sex" reaction so common as a response to many deeply entrenched social ills.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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In this episode, Felix B. Chang, Associate Dean of Faculty and Research, Professor of Law, and Co-Director of the Corporate Law Center, at the University of Cincinnati College of Law, discusses his article "How Should Inheritance Law Remediate Inequality?" Chang begins by explaining why trusts and estates law is relevant to inequality. He argues that trusts and estates law should focus on intergenerational economic mobility, and why that is the right metric. He explains how trusts & estates policy has gotten mobility wrong in the past. And he explains how it could do better. Chang is on Twitter at @changlawprof.

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.