Ipse Dixit

In this episode, Andrew Jennings, a Lecturer in Law and the Teaching Fellow for the Corporate Governance & Practice program at Stanford Law School, and the founder of the Business Scholarship Podcast, discusses his experiences as a legal scholarship podcast host. He explains how he became interested in podcasting, how he conceptualized the Business Scholarship Podcast, and what he has learned in the process of producing the show. Among other things, he offers practical advice on programming, interviewing, and producing. Jennings is on Twitter at @akjennings.

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, Lea Brilmayer, Howard M. Holtzmann Professor of Law at Yale Law School, and Daniel B. Listwa, a litigation associate at Wachtell, Lipton, Rosen & Katz, discuss their article "A Common Law of Choice of Law," which will be published in the Fordham Law Review. They begin by explaining why choice of law questions are so important to the resolution of legal disputes. They describe the history of choice of law theory. And they argue that the existing theories cannot resolve those problems. They propose a common law theory of choice of law, and suggest that it could solve many problems in the new restatement.

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, Christopher Jon Sprigman, Professor of Law at New York University School of Law, discusses his article "Congress's Article III Power and the Process of Constitutional Change," which will be published in the NYU Law Review. Sprigman begins by explaining how Article III of the Constitution permits Congress to drastically limit the Supreme Court's jurisdiction. He argues that Congress could effect constitutional change by prohibiting the Supreme Court from reviewing the constitutionality of legislation. And he suggests that it would make constitutional law more democratically legitimate. Sprigman is on Twitter at @CJSprigman.

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.

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

In this episode, Jeffrey Lipshaw, Professor of Law at Suffolk University Law School, discusses his article "The False Dichotomy of Corporate Governance Platitudes," which will be published in the Journal of Corporation Law. Lipshaw begins by discussing his background as a corporate lawyer and how it informs his perspective on corporate law theory. He describes the dominant shareholder wealth maximization theory of corporate governance, and explains why he thinks it doesn't and shouldn't control how directors actually make decisions. And he explains how we ought to think about shareholder interests in relation to the business judgment rule.

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, Leigh Goodmark, Marjorie Cook Professor of Law and Co-Director of the Clinical Law Program at the University of Maryland Carey School of Law, discusses her book Decriminalizing Domestic Partner Violence: A Balanced Policy Approach to Intimate Partner Violence. Goodmark begins by discussing the history of prosecution of domestic violence in the United States and its eventual criminalization starting in the 1970s. She then discusses how this focus on criminalization essentializes victims of intimate partner violence. Goodmark explains the disparate impact of neoliberal economic policies on communities of color and the poor, as well as explaining mechanisms underlying economic abuse of intimate partners. The then discusses different models for approaching intimate partner violence that and how those are more effective and equitable than criminalization. 

Professor Goodmark’s scholarship is available on SSRN and you can find her on Twitter at @LeighGoodmark This episode was hosted by Maybell Romero, Associate Professor of law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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

In this episode, Susan E. Provenzano, William Trumbull Professor of Practice at Northwestern University Pritzker School of Law, discusses her article "Can Speech Act Theory Save Notice Pleading?," which will be published in the Indiana Law Journal. Provenzano begins by describing the history of notice pleading, and how it was changed by Twombly and Iqbal. She breaks down how the introduction of "plausibility" affected notice pleading, and how courts and scholars have reacted. She argues that speech act theory can help clarify the content of a complaint, and enable courts to focus on plausibility more clearly. Provenzano's scholarship is available 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.

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

In this episode, Julie Tamerler, a recent graduate of Villanova University Charles Widger School of Law and incoming judicial law clerk, discusses her article "Indoor Rock Climbing: The Nuts and Bolts of Routesetting Copyright Protection Post-Star Athletica," which will be published in the Jeffrey S. Moorad Sports Law Journal. Tamerler begins by explaining how indoor rock climbing routes are created and how many options route-makers have. She reflects on how the Supreme Court's Star Athletica decision changed the relationship between functionality and expression in copyrightable subject matter, and why the change probably makes rock climbing routes copyrightable subject matter. And she discusses whether that is a good thing.

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.

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

In this episode, Raff Donelson, Assistant Professor of Law at Penn State Dickinson Law, discusses his draft article "Natural Punishment." Donelson begins by describing the concept of natural punishment, and why the existence of a natural punishment should diminish the need for other forms of punishment. He explains how the application of natural punishment would work in practice. And he reflects on how the concept of natural punishment should inform our understanding of criminal punishment more generally. Donelson's scholarship is available on SSRN. Donelson is on Twitter at @RaffDonelson.

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.