Ipse Dixit

In this episode, Tanya Asim Cooper, Assistant Clinical Professor of Law and Director of the Restoration and Justice Clinic at Pepperdine University Caruso School of Law, discusses her article "#SororityToo," which will be published in the Michigan State Law Review. Cooper begins by describing the sexual violence crisis on college campuses and observing that it is especially prevalent in certain sororities and fraternities. She identifies the features of Greek life that can facilitate sexual violence and discourage reporting. And she reflects on how administrators and the participants in Greek culture can reduce the risk of sexual violence. Cooper is on Twitter at @ProfTAC.

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, Taja-Nia Henderson, Professor of Law at Rutgers Law School and Dean of the Rutgers Graduate School-Newark, discusses her article, "'I Shall Talk to My Own People': The Intersectional Life and Times of Lutie A. Lytle," which was published in the Iowa Law Review. Henderson begins by explaining who Lytle was and how she became the first woman law professor and the first African-American woman law professor, at the end of the 19th century. She describes the social milieu in which Lytle managed to succeed, against all odds. And she reflects on how Lytle's story can inform and enrich the way we think about legal academic today. Henderson is on Twitter at @hyphenatedprof.

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, Rebecca Flanagan, Assistant Professor and Director of Teaching & Learning Methods at the University of Massachusetts School of Law, discusses her article, "The Kids Aren’t Alright: Rethinking the Law Student Skills Deficit," which was published in the Brigham Young University Education and Law Journal. Flanagan explains how the current students entering law school differ from students of the past. She also reflects on how students today are underprepared for law school and its traditional approach to legal pedagogy.

This episode was hosted by SJ Morrison, a student at Duquesne University School of Law.

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In this episode, Jeffrey Melnick, Professor of American Studies at the University of Massachusetts, Boston, discusses his new book, "Charles Manson's Creepy Crawl: The Many Lives of America's Most Infamous Family," which is published by Arcade. Melnick begins by explaining the purpose of his book and how it relates to the true crime genre. He reflects on how Charles Manson and the Manson murders became a metaphor for the cultural conflicts of the late 60s and early 70s. And he explains how Manson provides a lens for examining American culture. Melnick is on Twitter at @melnickjeffrey1.

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, Seth Barrett Tillman, Lecturer in the Maynooth University Department of Law, discusses his draft article, "New Sources on the 1809 Motion to Vacate Jacob Henry's North Carolina State Legislative Seat." Tillman begins by explaining that Jacob Henry was a Jew elected to the North Carolina legislature in 1808 and again in 1809, when another legislator invoked the North Carolina Constitution's religious test against him. Tillman describes the different arguments raised by Henry, including that a legislative seat was not an "office" under the Constitution, which other historians have called "far-fetched." Tillman uses existing and newly-discovered evidence to show that the legislature appears to have found the argument compelling, and reflects on the possibility that the effort to remove Henry may actually have represented the beginnings of a move to eliminate the religious test. Tillman is on Twitter at @SethBTillman.

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 Green, Professor of Law and H.L.A. Hart Scholar in Law and Philosophy at the University of Mississippi School of Law, and Evan D. Bernick, Law Clerk to the Honorable Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit, discuss their draft article "What is the Object of the Article VI Oath?" Bernick and Green begin by describing the nature and purpose of Article VI oath. They explain that swearing an oath to "this Constitution" implies a theory of the ontology of the Constitution, with both first- and second-order components. They observe that government officials uniformly understand themselves to be swearing an oath to the "same" Constitution as the one that was ratified in 1789. They argue that the nature of the oath permits for certain kinds of change, but disallows other kinds of change. And they suggest that this perspective on the continuity of the Constitution may help provide a common ground for debate over its meaning. Green is on Twitter at @crgreen24601 and Bernick is on Twitter at @evanbernick.

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, David W. Johnson, Lecturer-in-Law at Stanford Law School and Lecturer in the Hasso Plattner School of Design, discusses his article "Designing Online Mediation: Does 'Just Add Tech' Undermine Mediation's Ownmost Aim?," which will be published in the Direito GV Law Review. Johnson begins by explaining what mediation or "mediated negotiation" is and how it relates to other forms of dispute resolution. He describes the introduction of online mediation and the different ways in which it works. He defines "design thinking," and explains how it can help us think more productively about institutional design. And he reflects on how design thinking could inform our approach to mediation and to law in general. Johnson is on Twitter at @Johnson_DavidW.

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, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his article "Jury Empowerment as an Antidote to Coercive Plea Bargaining," which is published in the Federal Sentencing Reporter, as well as his other work on criminal justice reform. Neily begins by explaining how and why prosecutors abuse plea bargaining in order to obtain guilty pleas, including from innocent people. He reflects on the history of criminal justice in the United States, the introduction of plea bargaining, and how it changed criminal justice for the worse. And he observes that "conscientious acquittal" by juries to help ameliorate some of those problems. He closes by describing some of the criminal justice reform projects he supports. Neily is on Twitter at @ConLawWarrior.

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, Nick J. Sciullo, Assistant Professor of Communications at Texas A&M University Kingsville, discusses his article "Queer Phenomenology in Law: A Critical Theory of Orientation" published in the Pace Law Review. He begins by discussing what phenomenology is, and why it's important to view human lives affected by legal processes through the lens of phenomenology. He specifically talks about the importance of identities to minoritarian groups and how people bring their identities to their interactions with the law. Drawing upon Marxist conceptions of a dancing table, Sciullo notes that our positionality and relationship to objects influences our experience with them. He reflects on how experiencing failures of accommodation can be learning experiences, and how minorities' experience can illuminate the law's failure to meet their needs. He concludes by noting what he hopes that scholars, listeners, and policymakers should take away from his article. Sciullo is on Twitter at @nickjsciullo.

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

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In this episode, Matthew Seligman, a Visiting Assistant Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law, discusses his draft article "Personalized Choice of Private Law." Seligman begins by explaining the tension between default rules and mandatory rules in contract theory and private law more generally, and how both can lead to sub-optimal outcomes. He observes consumers typically don't read form contracts and misunderstand contract doctrine. He reflects on existing proposals to encourage consumer choice and finds them wanting. And he argues that we should allow consumers to choose their legal rules, at least in some circumstances. Seligman is on Twitter at @Matt_Seligman.

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.