Ipse Dixit

In this episode, Lucy Jewel, Professor of Law and Director of Legal Writing at the University of Tennessee College of Law, discusses her article "Does the Reasonable Man Have Obsessive Compulsive Disorder?," which was published in the Wake Forest Law Review. Jewel begins by describing the origins of the "reasonable man" concept, and its role in legal doctrine. She reflects on the ideological assumptions implied by the reasonable man standard, and observes how they are reflected in specific cases. She argues that the reasonable man standard reflects a pathological ideology, and suggests that we can do better.

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, Edward W. De Barbieri, Associate Professor of Law and Director of the Community Economic Development Clinic at Albany Law School, discusses his draft article "Opportunism Zones." De Barbieri begins by explaining what "opportunity zones" are and why they were created. He observes that they present the risk of abuse, and that in the absence of reporting requirements, it is impossible to know whether they are being abused. He reflects on the purposes of place-based economic development. And he discusses some ways in which the government could make opportunity zones more effective. De Barbieri is on Twitter at @TedDeBarbieri.

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, Michael J.Z. Mannheimer, Professor of Law at Northern Kentucky University Chase College of Law, discusses his article "The Unusual Case of Anthony Chebatoris: The 'New Deal for Crime' and the Federal Death Penalty in Non-Death States," which will be published in the Syracuse Law Review. Mannheimer begins by explaining why the death penalty presents a federalism problem, when federal law permits the execution of people who commit crimes in states that have abolished the death penalty. He observes that only one person has ever been executed under federal law in a non-death penalty state, Anthony Chebatoris. He describes the circumstances of Chebatoris's crime, trial, and execution. And he reflects on what lessons we should take away from the case.

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.

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

Part 1: The Perils of Cronyism

A summary of the Supreme Court's place in United States society through the lenses of white supremacy and the process of nominating new justices. It covers the development of African-American-driven civil rights case law as a pressure on American politics. Ultimately, Part 1 is about what lead to the Warren Court's famously liberal rulings, the effects those rulings had on the United States, and then the retirement of Earl Warren. President Lyndon Johnson's preference for promoting his loyal followers, including Abe Fortas, lead to a delay in Warren's retirement that allowed President Nixon choose Warren's successor. This, among social factors also explored, lead to a sharp right-wing turn for the Court.

Timestamps:

[00:00:00] Part 1 Introduction

[00:01:55] Prologue

[00:05:50] 1) The Beginnings of a Battle

[00:41:42] 2) The Nature of the Court

[01:18:03] 3) The Abiding Issue

[01:46:08] 4) The Warren Court Leads

[02:24:15] 5) The Black Seat

[03:11:15] 6) The Perils of Cronyism

God Save This Honorable Court: The Supreme Court Crisis, Part 1 by 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, Dr. Jill Goldenziel, Associate Professor at the Marine Corps University-Command and Staff College and Distinguished Senior Scholar at the University of Pennsylvania's Fox Leadership International Program, discusses her draft article "Law as a Battlefield: The US, China, and the Global Escalation of Lawfare." Goldenziel begins by explaining what "lawfare" is and how states use lawfare to achieve strategic objectives. She reflects on why China finds lawfare especially appealing, and discusses several examples of how China has deployed lawfare strategies. She argues that the United States should develop a more programmatic lawfare strategy, and explains why it would advance United States strategic interests. Goldenziel is on Twitter at @JillGoldenziel.

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, Justin (Gus) Hurwitz, Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Law Program at the University of Nebraska College of Law, discusses his article "Madison and Shannon on Social Media" and his work in progress "An Information Theory of Information Pollution." Hurwitz begins by explaining what information theory is and how it conceptualizes the transmission of information. He argues that information theory calls into question the "marketplace of ideas" theory of free speech, especially as the cost of publication approaches zero. Hurwitz's scholarship is available on SSRN. He is on Twitter at @GusHurwitz.

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, Anthony Schutz, Associate Professor of Law at the University of Nebraska College of Law, discusses his work on natural resource districts and the management of natural resources by local governments. Schutz begins by explaining what a natural resources district is and how they function in Nebraska. He describes his experiences serving as an elected member of a natural resources board, and reflects on how that service has informed his scholarship and teaching. Schutz is on Twitter at @anthony_schutz.

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, Jack M. Beard, Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Program at the University of Nebraska College of Law, discusses his work on the Woomera Manual on the International Law of Military Space Operations. Beard begins by identifying the sources of the international law governing outer space. He describes the Woomera Manual project to provide a restatement of space law. And he reflects on the challenges and promise of the project.

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.

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