In this episode, Alfred Steiner, a lawyer at Mauriel Kapouytian Woods and an artist, discusses the relationship between his legal and artistic practices, especially his work in conceptual art. Steiner begins by describing his background as an artist and how he became a lawyer. He reflects how his legal practice informs his artistic practice, and vice versa. And he describes some of his works of conceptual art that reflect on and illuminate legal doctrine and practice, including copyright and economics of the art market. Steiner is on Twitter at @alfredsteiner.

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.

Cover image: Alfred Steiner, Your Non-creative Photograph (Brian L. Frye edition).

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In this episode, Cathay Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article Political Fair Use. Professor Smith identifies an emerging tendency among courts to give special weight to political expression in cases involving copyright infringement and fair use, and she argues that this kind of special treatment has led to important departures from traditional fair use analysis and Supreme Court guidance. The article is forthcoming in the William & Mary Law Review and is available on SSRN. Professor Smith is on Twitter at @CathaySmith.

This episode was hosted by Saurabh Vishnubhakat, Professor in the School of Law and Professor in the Dwight Look College of Engineering at Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.

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In this episode, David A. Friedman, Professor of Law at Willamette University College of Law, discusses his article "Impostor Scams," which will be published in the Michigan Journal of Law Reform. Friedman begins by explaining what an impostor scam is and describing the long history of impostor scams. He observes that impostor scams are a huge problem, and are facilitated by new technology. He argues that the government can and should do more to fight impostor scams, especially by giving more of the responsibility to intermediaries best able to limit them. 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, Sarah J. Schendel, Assistant Professor of Academic Support at Suffolk University Law School, discusses her article "What You Don't Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students," which is published in the Pace Law Review. Schendel begins by explaining what self-assessment is, how it works, and why it is essential to learning. She discusses why traditional law school pedagogy doesn't always facilitate self-assessment. And she reflects on how law professors can incorporate self-assessment into their teaching. Schendel is on Twitter at @s_james_s.

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, Greer Donley, Assistant Professor of Law at the University of Pittsburgh School of Law, discusses her article "Contraceptive Equity: Curing the Sex Discrimination in the ACA's Mandate," which is published in the Alabama Law Review, and was the winner of the 2019-2020 Haub Law Emerging Scholar Award in Women, Gender & Law. Donley begins by explaining what she means by "contraceptive equity," reflecting on the fact that health policy tends to place an implicit burden on women to manage contraception. She observes that the ACA covers female contraception, but not male contraception, and argues that limits access to the methods of contraception women have available to them. And she argues that a more neutral contraception policy would help women and increase gender equity. Donley is on Twitter at @GreerDonley.

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, Janet Freilich, Associate Professor of Law at the Fordham University School of Law and Visiting Associate Professor at the Boston University School of Law, discusses her new article Matching and Digging: Evidentiary Analysis at the Patent Office. Professor Freilich argues that when it comes to two important and distinct forms of evidentiary analysis—matching versus digging—patent examiners are better at one than the other, with important consequences for patent quality. In her article, Professor Freilich applies this insight to ongoing debates about the relationship between patent prosecution and patent litigation and about the use of artificial intelligence in the Patent Office. Professor Freilich’s article is forthcoming in the Fordham Law Review.

This episode was hosted by Saurabh Vishnubhakat, Professor in the School of Law and Professor in the Dwight Look College of Engineering at Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.

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Part 2: Nixon Scores in Court

In the aftermath of the 1968 election, Richard Nixon was President of the United States and John Mitchell was his Attorney General. Chief Justice Earl Warren followed through on retiring from the Supreme Court, and Associate Justice Abe Fortas was forced out of his seat by a wave of scandal at almost the same time. In his wake, Nixon's first nominee, Warren Burger, ascended remarkably easily to become Chief Justice. However, things became far more complicated when Nixon tried to make good on the Southern Strategy's promises by nominating a strict constructionist from the South. Clement Haynsworth, Jr. and G. Harrold Carswell weren't destined to be justices, but their brush with power revealed a lot about the politics of modern Supreme Court nominations and Nixon's plans to engineer a sharp right-wing turn for the Court.

Timestamps:

[00:00:00] Part 2 Introduction

[00:01:53] 07) Into Nixon's Lap (Fortas)

[00:38:01] 08) Nixon Runs With The Ball (Burger)

[01:16:29] 09) Nixon Scores in Court

[01:42:10] 10) Nixon Fumbles (Haynsworth)

[02:19:17] 11) Nixon Fumbles Again (Carswell)

"God Save This Honorable Court" (https://archive.org/details/godsavethishonor00kohl/page/n7) by Louis M. Kohlmeier, Jr.(https://en.wikipedia.org/wiki/Louis_M._Kohlmeier_Jr.)

This episode of Lex Phonographica was read by Mike Overby of Amicus Lectio. You can find the individual chapters on the Internet Archive.

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In this episode, Stephen Stanwood, a trademark lawyer based in California, discusses his work as a trademark law educator and his role in the open-access law movement. Stanwood begins by explaining how he became interested in trademark law, and how he came to start his own practice. He reflects on what he has learned about solo practice, especially in relation to his trademark education activities. Specifically he discusses why he makes trademark videos, how he makes them, and the ways in which they have affected his practice. He also discusses his role in the open-access law movement, as well as the future of legal practice. Stanwood is on Twitter at @stephenstanwood.

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, Akshat Agrawal, a recent graduate of the Jindal Global Law School and law clerk to Justice Pratibha M. Singh of the Delhi High Court, discusses his work on Indian copyright law, specifically focusing on copyrightable subject matter from an anti-colonialist perspective. Agrawal describes the sources of Indian copyright law and the current state of Indian copyright doctrine. He observes certain doctrinal tensions that have recently emerged in the law. And he explains why he thinks Indian copyright law should adopt doctrines specific to Indian cultural production, rather than copying colonial copyright concepts. Agrawal is on Twitter at @PhilIPnPolicy.

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, Tiffany C. Li, Visiting Clinical Assistant Professor at Boston University School of Law and a fellow at the Yale Information Society Project, discusses her article "Privacy in Pandemic: Law, Technology, and Public Health in the Covid-19 Crisis." Li begins by identifying the many ways in which the current pandemic implicates privacy law, from testing and contract tracing to distance learning. She discusses the ways in which the law protects privacy and the ways in which many privacy values aren't fully realized. She explains why AI and other automated approaches may introduce bias issues. And she reflects on why privacy is essential to public health. Li is on Twitter at @tiffanycli.

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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