Ipse Dixit

In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, and Julian Davis Mortenson, Professor of Law at the University of Michigan Law School, discuss their article "Delegation at the Founding," which will be published in the Columbia Law Review. They begin by explaining what "delegation" is, in the constitutional context, and the history of the concept of the "non-delegation doctrine" prohibiting many kinds of delegation of legislative authority, which plays an important role in originalist constitutional theory. They describe their research into the theory and practice of delegation in the early American republic, and why it doesn't support the idea that non-delegation is a constitutional principle, on originalist terms. And they reflect on why originalists are so committed to the non-delegation doctrine. Bagley is on Twitter at @nicholas_bagley and Mortenson is at @jdmortenson.

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.

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In this episode, Nora Slonimsky, Gardiner Assistant Professor of History at Iona College, discusses her draft article "Oil, Elephant Bones, and an Act of Parliament: Mapping America's Earliest Copyright Claim." Slonimsky begins by explaining how copyright worked in 18th century England and colonial America. She describes the effort of one American mapmaker to claim a copyright in a popular map. And she reflects on what the episode can tell us about the nature of copyright, and the relationship between England and its North American colonies. Slonimsky is on Twitter at @NoraSlonimsky.

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.

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In this episode, Heidi K. Brown, Director of Legal Writing and Associate Professor of Law at Brooklyn Law School, discusses her book "The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy," which is published by the American Bar Association. She begins by explaining how introverts and extroverts are different, and how legal education and practice favor extroverts over introverts. She describes how and why introverts can struggle in law school and practice, and provides advice on how to mitigate those struggles. And she explains why legal educators and the legal profession to acknowledge and address the burdens it places on introverted people. Brown is on Twitter at @introvertlawyer.

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.

In this episode, Cameron Cantrell, a law student at the University of Washington School of Law, discusses potentially invasive warrants for computer searches (ex-ante versus ex-post warrant restrictions) and the police technologies widely available for decrypting mobile devices, like full device imaging for smartphones. Cameron is passionate about this topic and quite knowledgeable, bringing a student perspective to this area of the law. Cantrell is on Twitter at @fiftyfourwords.

This episode was hosted by Jess Miers, a student at Santa Clara University School of Law. Miers is on Twitter at @jess_miers. 

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In this episode, Caroline Cecot, Assistant Professor of Law at Antonin Scalia Law School at George Mason University, discusses her article "Transparency in Agency Cost-Benefit Analysis," which she co-authored with Robert W. Hahn, and which will be published in the Administrative Law Review. Cecot begins by explaining what cost-benefit analysis is and how agencies use it to inform decisionmaking. She explains the role of cost-benefit analysis in agency transparency, and distinguishes between process and policy transparency. She describes their empirical study of agency cost-benefit analysis. And she explains how it should inform our understanding of cost-benefit analysis. Cecot is on Twitter at @CarolineCecot.

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.

In this episode, Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law, and Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, discuss their new essay "The Right to Unmarry: A Proposal." They begin by explaining how the right to unmarry is unduly burdened and how, after Obergefell, restrictions on divorce, varying from statutory waiting periods to having to endure the divorce adjudication process, disrespect individual autonomy and violate the Constitution. They then explain that the right to unmarry should be unhitched from other considerations that are normally a part of the divorce adjudicative process and that issues such as property distribution, child support, and division of debts could be handled after immediate grants of divorce. They then answer a number of hypothetical scenarios addressing what their theory of unmarriage would look like in real world applications. Prof. Romero is on Twitter at @MaybellRomero and Prof. Frye at @brianlfrye.

This special episode was hosted by LawProfBlawg, an anonymous professor at a top 100 law school. LawProfBlawg is on Twitter at @lawprofblawg and writes a weekly column at Above The Law.

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In this episode, J. Remy Green, a partner at Cohen & Green PLLC, discusses their article "All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games," which is published in the North Carolina Journal of Law and Technology. Green begins by explaining how copyright doctrine conceptualizes videogames as audiovisual works. But they observe that videogame players can use videogames to create new works of authorship. They present four paradigms for such works and discuss how each should be conceptualized. And they provide a model for thinking about when, why, and how copyright should protect derivative works based on videogames. Green is on Twitter at @j_remy_green.

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.

In this episode, Hafsa Mansoor, Seton Hall Law 3L, Center for Social Justice scholar, and student attorney at Seton Hall Immigrants' Rights and International Human Rights Clinic, discusses her paper, "Guilty Until Proven Guilty: Effective Bail Reform As A Human Rights Imperative," forthcoming in the Elon Law Journal in 2021. Ms. Mansoor discusses tragic stories that have arisen due to the use and preponderance of cash bail. She addresses the massive inequities connected to the use of risk based assessments, and discusses how cash bail systems disproportionately hurt minorities and the poor. Ms. Mansoor discusses recent, well-intended efforts at bail reform in New Jersey and the ways that it has failed. She then discusses how using a human rights lens to view access to justice as a human right could be used to reevaluated and reform bail throughout the country.

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

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In this episode, J. Remy Green, a partner at Cohen & Green PLLC, discusses their article “Digitizing Brandenburg: Common Law Drift Toward a Causal Theory of Imminence,” which is published in the Syracuse Law Review. Green begins by discussing imminence as it has been applied since the pivotal U.S. Supreme Court case of Brandenburg v. Ohio, and how imminence has been conceptualized in a spatiotemporal manner. They continue by noting the uneven and unpredictable application of imminence by courts, arguing that the current system is unsustainable. Noting that the current moment of Brandenburg jurisprudence is ripe for common law innovation, Green proposes using a causal theory of imminence.

Green then explores the underlying First Amendment theory for speech restrictions and briefly discusses market failures in the “marketplace of ideas.” They also note a hypothetical “entrapment machine” presented by Judge Richard Posner and its relationship to the theory of imminence through analogy. They conclude by discussing the application of the causal theory of imminence in the real world and provides insights for students, scholars, and policymakers. They are on Twitter at @j_remy_green.

This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce.

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In this episode, Jennifer Brinkley, assistant professor at the University of West Florida, discusses her paper The Failure of Amanda's Law in Kentucky: Creating Best Practices for Legislatures Passing Domestic Violence Statutes, published 2019 in the Quinnipiac Law Review. Brinkley tells the shocking story leading to drafting and passage of Amanda's Law in Kentucky, while reviewing some of its failings. She then gives a brief history of domestic violence law both in Kentucky and the United States more broadly. She then addresses how global position monitoring systems (GPMS), utilized by well-meaning legislation such as Amanda's Law, often experiences failures and is subject to potential abuse. Brinkley then makes recommendations to legislative bodies on drafting more effective domestic violence laws. Brinkley is on Twitter at @JusticeIsFemale. Her research can be found on SSRN.

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

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