Ipse Dixit

In this episode, Derek T. Muller, Professor of Law at Pepperdine University Caruso School of Law, discusses his draft article "Weaponizing the Ballot." Muller begins by describing the history of tax disclosures by presidents and presidential candidates, as well as the history of ballots and the electoral process. He reflects on state regulation of elections, and the constitutional difference between regulating the process as compared to imposing qualifications on candidates. He argues that imposing tax disclosure requirement for ballot access is unconstitutional, and discusses how this should affect our understanding of ballot access more generally. Muller blogs at Excess of Democracy and is on Twitter at @derektmuller.

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, Walter I. Gonçalves, Jr., a Federal Public Defender in the District of Arizona, discusses his article "Narrative, Culture, and Individuation: A Criminal Defense Lawyer’s Race-Conscious Approach to Reduce Implicit Bias for Latinxs," which is published in the Seattle Journal for Social Justice. Gonçalves begins by explaining what implicit bias is and how it can affect criminal prosecution and sentencing. He describes a range of different ways in which lawyers and judges can avoid implicit bias and help jurors avoid implicit bias. And he directs special attention to how implicit bias affect latinx criminal defendants. Gonçalves is on Twitter at @wgafpd.

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, Dylan Gilbert, Policy Counsel at Public Knowledge, discusses his new white paper, "Making Sense of the Termination Right: How the System Fails Artists and How to Fix It," which he co-authored with Meredith Rose and Alisa Valentin. Gilbert begins by explaining what copyright's termination rule is, how it works, and why it was created. He observes that it is supposed to benefit artists, by enabling them to reclaim their copyrights after a fixed period of time, but that it is often hard for them to assert and beset by uncertainty. He argues that termination should be automatic, happen sooner, and be governed by clear rules. Gilbert is on Twitter at @dgilbert_PK.

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, Susan E. Provenzano, William Trumbull Professor of Practice at Northwestern Pritzker School of Law, and Brian N. Larson, Associate Professor of Law at Texas A&M University School of Law, discuss their article "Civil Procedure as a Critical Discussion," which will be published in the Nevada Law Journal. They begin by explaining the purpose of the Federal Rules of Civil Procedure and why they were enacted. Then they describe "pragma-dialectics" and classical "stasis" theory, and how those theories can inform our understanding of civil procedure. Larson is on Twitter at @Rhetoricked.

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, Becca Rothfeld, an essayist, literary critic, and PhD candidate in philosophy at Harvard University, discusses her essay "Having a Cake and Eating It, Too," which was published in AGNI, as well as her scholarship on aesthetic value more generally. Rothfeld begins by describing the thought of Simone Weil, and how it inspired her essay. Specifically, she reflects on Weil's desire to consume only beauty, in order to be consumed by it. Rothfeld explains how this concept of beauty as both consumed and consumer differs from the Kantian conception of beauty, and why she advocates consumption to excess. She also discusses the relationship between beauty and philosophy, and her ideas on aesthetic value. Rothfeld's work is available on her website.

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.

This sound recording captures a February 2, 1947 radio broadcast on WTOP Washington, D.C. (which then broadcast at 1500 am), in which Republican Senator Robert A. Taft called for curbs on the power of the executive branch of the government, and a return of power to local and state governments.

This recording is from the collection of the National Archives and was provided by Zvi S. Rosen.

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In this episode, Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law at Florida State University College of Law, discusses his article "Contracting for Fourth Amendment Privacy Online," which he co-authored with Jake Linford, and which is published in the Minnesota Law Review. Logan begins by explaining the origins of the modern Fourth Amendment doctrine, and how it relies on both subjective and objective expectations of privacy. He explains the origins of the "third-party" doctrine, which provides that information provided to third parties may not be protected by the Fourth Amendment. He observes that the Supreme Court has recently narrowed the scope of the third-party doctrine. And he reflects on how contractual relationships between consumers and internet service providers could provide information about actual subjective expectations of privacy. Logan's scholarship is available on SSRN.

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, Gerald Barnett, a former technology transfer director and consultant on university innovation policy, discusses his perspective on university patent policies. He begins by explaining the history of the Bayh-Dole Act and his perspective on how it affected university technology transfer. He discusses on the incentives affecting university technology transfer offices. And he reflects on what legal scholars studying technology transfer are missing. Barnett blogs at Research Enterprise and is on Twitter at @umbut.

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, ECC11, a leader of the Latin King & Queen Nation and an incarcerated person, discusses the theory of the lumpen proletariat and how it has informed the thinking of the Latin King & Queen Nation.

This episode was hosted by King, who is an incarcerated person. He is on Twitter at @King_ShankRadio.

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In this episode, Jean Mangan, Legal Writing Instructor at the University of Georgia School of Law, discusses her article "Clinical Syllabi as Demonstration of Best Practices Implementation," which she co-authored with Fernanda Mackay and published in the Georgia Law Review Online. Mangan begins by describing the history of legal education and recent efforts at reform, focusing on the Carnegie Report. She outlines the recommendations of the Carnegie Report and their reception by the legal profession. She explains how she used syllabi from clinical classes to study the implementation of the Carnegie recommendations. And she reflects on how law professors can make their syllabi consistent with those recommendations. Mangan is on Twitter at @NerdSmidge.

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.