Ipse Dixit

Ipse Dixit

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Ipse Dixit episodes

  • Jeremiah Bourgeois on Incarceration & Reform

    In this episode, Jeremiah Bourgeois, a journalist, legal scholar, formerly incarcerated person, and matriculating law student, discusses his personal experiences and his legal scholarship. Bourgeois begins by describing the crime he committed and the experience of being incarcerated as a teenager. He explains how he became interested in learning and writing about the law. And he describes his own legal scholarship, and how it has meaningfully impacted criminal justice reform in the State of Washington. He also discusses his plans to begin law school at Gonzaga University School of Law. Bourgeois is on Twitter at @JeremiahBourge6.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    39 min
  • Cathay Smith on Fair Use & the Right of Integrity

    In this episode, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her article "Creative Destruction: Copyright's Fair Use Doctrine and the Moral Right of Integrity," which is published in the Pepperdine Law Review. Smith begins by explaining the origins of the moral right of integrity in the Berne Convention, and its introduction into United States copyright law via the Visual Artists Rights Act of 1990. She identifies a tension between the right of integrity and the right of fair use. And she explains how that tension can be resolved, depending on how a particular work is used. Smith is on Twitter at @CathaySmith.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    54 min
  • Renee Hatcher on the Solidarity Economy

    In this episode, Renee Hatcher, Assistant Professor of Law and Directoro of the Community Enterprise & Solidarity Economy Clinic at University of Illinois Chicago John Marshall Law School, discusses her articles "Solidarity Economy Lawyering," which is published in the ennessee Journal of Race, Gender, and Social Justice, and "Towards a Solidarity Economy Approach to Community Economic Development," which will be published in the Howard Law Journal. Hatcher begins by describing the solidarity economy movement and explaining the principles of solidarity economy theory. She points out how solidarity economy principles can better advance community economic development. And she reflects on how attorneys can participate in the solidarity economy movement. Hatcher is on Twitter at @reneechatcher.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    36 min
  • Christopher Tomlins on Nat Turner

    In this episode, Christopher Tomlins, Elizabeth Josselyn Boalt Professor of Law at UC Berkeley School of Law, discusses his new book "In the Matter of Nat Turner: A Speculative History," which is published by Princeton University Press. Tomlins begins by explaining who Nat Turner was and what happened in the Turner Rebellion. He describes the documentary record of the event, and how it has been used by other novelists and historians. He argues for an alternative understanding of Turner's own theology and motivations, and explains why Turner and his rebellion were so troubling to the Virginia political order. He closes by reflecting on what thinking about Turner can tell us about doing history today.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    1 hr 4 min
  • Andrew Ferguson on Big Data Prosecution and Brady

    In this episode, Andrew Guthrie Ferguson, Visiting Professor of Law at American University Washington College of Law, discusses his article Big Data Prosecution and Brady, forthcoming soon in the UCLA Law Review. Professor Ferguson begins by discussing how prosecution has changed from a purely reactive role to one that's more proactive with "intelligence-driven" strategies, and how that's enabled by the use of big data in prosecutor's offices. He identifies a fundamental problem that arises with prosecutorial reliance on data and its centralization--systems used by prosecutors and police are not designed to identify Brady materials. Professor Ferguson introduces a new theory of a "Networked Brady" that recognizes new and emerging technologies and offers suggested interventions on how to engineer prosecutorial big data systems to comply with Brady and due process requirements. Professor Ferguson's scholarship is available on SSRN and he's on Twitter at @ProfFerguson.


    This episode was hosted by Maybell Romero, Assistant 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.

    39 min
  • Andrew Davies on Rural Access to Counsel

    In this episode, Andrew Davies, Director of Research at the SMU Deadman School of Law's Deason Criminal Justice Reform Center, discusses his article Gideon in the Desert: An Empirical Study of Providing Counsel to Criminal Defendants in Rural Places, published in the Maine Law Review 2019 symposium edition. Davies discusses the issue of rural indigent defense as an issue of scarcity of resources, then explains what is required on the Gideon/Argersinger/Scott line of cases. He the explains how he went about capturing and theorizing access to counsel when collecting and analyzing data from over one hundred rural Texas counties. Davies then discusses the differences in access to counsel between urban and rural counties, while identifying the traits that make some rural counties better at consistently providing indigent defense than others. Dr. Davies's research is available on SSRN, and you can find him on Twitter at @AndySMUDeason.


    This episode was hosted by Maybell Romero, Assistant 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.

    47 min
  • Doron Dorfman on Disability Law and Service Animals

    In this episode, Doron Dorfman, Associate Professor of Law at Syracuse University College of Law, discusses his article "Suspicious Species," which will be published in the University of Illinois Law Review. Dorfman begins by observing that there is considerable public outrage about the abuse of disability law to bring animals into places where they are prohibited. He describes the different kinds of animals that are protected by disability law and why they are protected. He reflects on his empirical research into how people perceive and understand the use of service animals. And he explains how to make better policy that will both protect disabled people and their ability to use service animals that provide accommodations, while preventing people from abusing disability law. Dorfman is on Twitter at @DorfmanDoron.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    46 min
  • Carliss Chatman & Anthony Kreis on Reproductive Rights

    In this episode, Carliss N. Chatman, Assistant Professor of Law at Washington and Lee University School of Law, and Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discuss Chatman's essay "If a Fetus Is a Person, It Should Get Child Support, Due Process, and Citizenship" and Kreis's response, "Under Ten Eyes," both of which are published in the Washington and Lee Law Review Online. Chatman's essay is based on her viral tweet and Washington Post op-ed, arguing that state laws intended to make fetuses persons for the purpose of abortion law, should also make fetuses persons in relation to other laws, and teasing out the consequences. Kreis's response reflects on how Chatman's essay draws into relief the entire constitutional debate over reproductive rights, in historical context. Chatman is on Twitter at @carlissc and Kreis is at @AnthonyMKreis.

    This episode was hosted by Brian L. Frye, Spears-Gilbert Associate 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.

    35 min
  • From the Archives 109: Elijah, The Court is Yours (2018)

    In 2017, University of Kentucky College of Law students Barrett Block and Zach Atwell composed a song titled "The Court is Yours," based on Nas, "The World is Yours" (1994), for an assignment in Professor Joshua Douglas's Civil Procedure class. The song was performed and recorded by Elijah. Here are the lyrics:

    [PR] Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    It's mine, it's mine, it's mine

    Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?


    I pray to Ace, watching The Paper Chase ‘til I’m charged

    Then writin in my FRCP, the words in the margin

    Behold the law I'm spitting, procedural posture

    Understandable smooth wit that litigants win with


    The plaintiffs play me for lame, they won't act right

    But with Douglas’ Civ Pro knowledge I attack and fight,

    Improper jurisdiction on my person, rehearsing

    Perry Mason rule 12 b 2, cursing


    My domicile, and contacts they beguile,

    I ain’t availed the forum state a trial

    Whether long arm or due process, there’s no jurisdiction

    I call it, the rules make the court's power fiction

    I’m waving, but never waiving jurisdiction

    I'm out for precedents to represent me (Say what?)

    I'm out for precedents to represent me (Say what?)

    I'm out for good precedent to represent me


    [Chorus: Nas, Pete Rock]


    [PR] Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    [PR] Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    It's mine, it's mine, it's mine

    Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?


    To my man Burnham, God bless your life

    "It's yours

    To International Shoe, God bless your life


    Crazy baby mamas tag us with service papers when we in Cali

    Beef with state tax, dudes flipping shoes in the alley

    Minimum contacts, panic attack-the court’s caught me


    Rudkewicz called quits on paying dues to BK Flor-I-day,

    -when you’re contacts a contract, ya can’t get away 

    caught by a jurisdictional lasso, you’ll pay


    This Calder test hits like a tec paining my neck,

    Having to inspect my effects in the forum, what the heck?


    Traditional notions of fairplay and justice

    Violate them and ya get jurisdictional ruckus


    Express permission to a court is an admission

    Even if penned in a ticket or missive outside your intuition

    I ain’t clowning, look to Carnival,Left frowning from venue selection

    -must read contracts with stiff discretion


    "It's yours!"


    [Chorus: Nas, Pete Rock]


    [PR] It's mine, it's mine, it's mine

    [PR] Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    It's mine, it's mine, it's mine

    Whose court is this?

    [Nas] Yo, the court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    [PR] Break it down


    [Pete Rock cuts and scratches "It's yours!"]


    Kulko’s baby mama trying to rob him of his commas

    buying his kid’s ticket not enough for Cali drama

    Explodin’ Audis caused the Robinson’s real trauma

    But VW couldn’t see their cars in Okla hamma

    Owning stock / east to west / in peace I can rest,

    Shaffers stock in state outside the courts test,

    BM Squibb and Daimler, I’m here to call fib

    general jurisdiction, a state must be yo crib.

    J. Mac’s machine caused a big fiasco

    No jurisdiction for slicin’ Nicastro

    When the police seize your gambling stash

    Walden says no suit in the state you’re ‘boutta crash

    To my boys with that global distribution like Asahi

    And feds finna grill ya in court like you’re mahi

    They can’t sue thee, just your intermediary

    I got civ pro down so well -it’s scary


    "It's yours!"


    [PR] It's mine, it's mine, it's mine

    [PR] Whose court is this?

    [Nas] The court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    It's mine, it's mine, it's mine

    Whose court is this?

    [Nas] Yeah... the court is yours, the court is yours

    [PR] It's mine, it's mine, it's mine

    Whose court is this?

    "It's yours!"

    Break it down

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

    4 min
  • Ben Carter's Imaginary Commencement Address
    In 2011, Ben Carter, who is currently Senior Litigation and Advocacy Counsel at the Kentucky Equal Justice Center, wrote an imaginary commencement address. It was the kind of commencement address that graduating law students will never hear, but the kind of commencement address they need to hear. You can read the text of the original address here. In light of the Coronavirus pandemic, he recorded an audio version of the address, which is as relevant and timely as ever.

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

    14 min

About Ipse Dixit

From the publisher's feed

Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series.

  1. "From…

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