Ipse Dixit

In this episode, Megan T. Stevenson, Assistant Professor of Law at George Mason University Antonin Scalia Law School, discusses her article "Algorithmic Risk Assessment in the Hands of Humans," which she co-authored with Jennifer L. Doleac. Stevenson begins by explaining how and why courts traditionally sentenced criminal defendants, focusing on the goal of incapacitation, which requires an assessment of the risk of recidivism. She observes that algorithmic risk assessment promises to make incapacitation more efficient, but notes many potential concern. She describes the empirical study of Virginia's program she conducted with Doleac, and observes that judges seem to depart from the algorithm's recommendations, especially for young defendants. She also observes that judges unexpectedly imposed lighter sentences on low-risk sex offenders. Stevenson is on Twitter at @MeganTStevenson.

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, John M. Newman, Associate Professor of Law at the University of Miami School of Law, discusses his article "Procompetitive Justifications in Antitrust Law," which was published in the Indiana Law Journal. Newman begins by explaining the purpose of antitrust law, and how courts use the "rule of reason" to determine whether particular conduct violates antitrust law. He describes three different theories of antitrust enforcement, and argues that the "market failure" approach is the most desirable. He explains why it is superior to the other existing theories, and how its application can be improved. Newman is on Twitter at @johnmarknewman.

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, Krista K. Thomason, Associate Professor of Philosophy at Swarthmore College, discusses her book, "Naked: The Dark Side of Shame and Moral Life," which is published by Oxford University Press. Thomason begins by explaining what "shame" is and how it differs from other, similar emotions. She describes the three existing philosophical views of shame: traditional, naturalistic, and pessimistic. She reflects on the strengths and weaknesses of each view, and proposes a new view based on the interaction of self-perception and appearance. Thomason is on Twitter at @kkthomason.

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, Kristelia García, Associate Professor of Law at Colorado Law, discusses her draft article "Encouraging Infringement." García begins by describing the conventional account of when and why copyright owners object to infringement. She observes that not all copyright owners object, and some copyright owners actually encourage infringement, at least in certain contexts. For example, video game makers and motion picture streaming sites may generate more revenue from expanding their customer base and selling extras than by selling their basic product. She argues that this observation should inform our understanding of the copyright incentive and copyright policy. García's scholarship is available on SSRN and she is on Twitter at @kristelia.

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.

In this episode, Dr. Aram Sinnreich, Associate Professor in the School of Communication at American University, discusses his book "The Essential Guide to Intellectual Property," which is published by Yale University Press, as well as his work on the cultural history of intellectual property more generally. Sinnreich begins by describing the book and its intended purpose. He explains what he thinks is missing from intellectual property discourse. And he reflects on how he conceptualizes intellectual property and ownership in commerce in relation to authorship and attribution. Sinnreich is on Twitter at @aram.

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, Pamela R. Metzger, Director of the Deason Criminal Justice Reform Center and Professor of Law at SMU Dedman School of Law, discusses her article "Criminal (Dis)Appearance," which she co-authored with Janet C. Hoeffel, and which will be published in the George Washington Law Review. Metzger begins by explaining how the police and prosecutors detain people after arrest for long periods of time, without providing any access to a judge, counsel, or due process. She observes that courts, including the Supreme Court, have rationalized this form of protectionless detention, essentially by pretending that it doesn't happen. She argues that legislatures and courts should sharply curtail pre-appearance detention, and points to several mitigating measures courts and others can adopt. Metzger is on Twitter at @ProfPamMetzger.

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, Christopher L. Sagers, James A. Thomas Distinguished Professor of Law and Faculty Director of the Cleveland-Marshall Solo Practice Incubator, at Cleveland-Marshall School of Law, discusses his book "United States v. Apple: Competition in America," in relation to the history of antitrust law and antitrust theory. In this wide-ranging interview, Sagers touches on many different aspects of antitrust policy, how it has developed over time, and how we should think about it today. Sagers is on Twitter at @chrissagers.

This episode was hosted by Luce Nguyen, a student at Northern Illinois University. She is on Twitter at @NguyenLuce.

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

In this episode, Tara Aaron Stelluto, a partner at Aaron Sanders Law in Nashville, Tennessee, discusses her work as a transactional attorney focused on advising clients about privacy-related issues. She begins by describing her practice at Aaron Sanders Law. She discusses the European Union's General Data Protection Regulation (GDPR), in relation to her article "Commentary: Availability of WHOIS Information After the GDPR—Is It Time to Panic?," which was published in the Trademark Reporter. And she reflects on the core issues for clients concerned about data privacy issues. Aaron Stelluto is on Twitter at @tara_aaron.

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, Dan Alban, Senior Attorney at the Institute for Justice, discusses civil forfeiture, and the complaint he and IJ recently filed in Brown v. TSA. Rebecca Brown was carrying $82,373 in cash given to her by her ailing father, in order to deposit it in a Boston bank and pay for his dental care, when the cash was confiscated by the TSA and DEA for no coherently articulated reason. IJ filed this action to help Brown recover her father's money, and filed it as a class action to help the thousands of other people who the TSA and DEA have similarly wronged. More information about the case is available here. Alban is on Twitter at @DanAlban.

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.