Ipse Dixit

In this episode of Ipse Dixit, Kaci Bishop, Clinical Associate Professor of Law at the University of North Carolina School of Law, discusses her article, "Framing Failure in the Legal Classroom: Techniques for Encouraging Growth and Resilience," which is published in the Arkansas Law Review. Bishop explores the concept of “failure” and how it can be used in the legal classroom to foster a growth mindset in students and aid in learning to create a more resilient and practice ready lawyer. Bishop is on Twitter at @Kaci_Bishop.

This episode was hosted by SJ Morrison, a student at Duquesne University School of Law. Morrison is on Twitter at @SJMilliron.

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In this episode, Enrique Guerra, Instructor of Accounting at the University of Central Florida, discusses his draft article "Breaking Bad Promises." He begins by describing the "promise principle" and its role in contract theory. He reflects on the promise principle's inability to explain illicit promises and why they sometimes seem to create a moral obligation. He provides a taxonomy of promises, including illicit promises, and explains why existing contract theories do not account for illicit promises convincingly. And he proposes a "common law" theory of illicit promises, based on the "harm principle." Guerra is on Twitter at @lawscholar.

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, JoAnne Yates, Sloan Distinguished Professor of Management at the Massachusetts Institute of Technology, and Craig N. Murphy, Betty Freyhof Johnson ’44 Professor of Political Science at Wellesley College, discuss their book "Engineering Rules: Global Standard Setting since 1880," which is published by the Johns Hopkins University Press. They begin by explaining what standards are and why standards matter. They describe how and why standards are created, and reflect on the history of standard setting. They discuss the culture of standard setting and how it has changed over time. And they close by reflecting on the meaning of standards in relation to deliberative democracy. Yates is on Twitter at @yatesmemo.

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, King, an incarcerated person, discusses the efforts of the Florida Department of Corrections to deny prisoners access to legal research materials. He explains how the DoC has discarded and limited access to law books, arguing that prisoners can use computers to access legal materials. But it only provides a five computers, and each prisoner can only use them for 30 minutes at a time. In addition, it is denying access to the legal computers to any prisoner punished for accessing electronic equipment, even if it has no relationship to the legal computers. He observes that many prisoners believe it is the beginning of a DoC effort to restrict access to legal research materials for all prisoners. King is on Twitter at @King_ShankRadio.

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, Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law, discusses his work on the legal history of intellectual property. He begins by describing the book he is currently editing on intellectual property law for Edward Elgar Publishing, including its beginnings in the Forgotten IP symposium published by the Syracuse Law Review. He also discusses his contribution to the book, "'If Music Did Not Pay': The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence," which reflects on how Justice Holmes's experiences as a state supreme court justice affected his perspective on intellectual property law and informed the opinions he wrote as a Supreme Court justice. Ghosh is on Twitter at @ShubhaGhosh.

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, Renee Nicole Allen, Assistant Professor of Legal Writing at St. John's University School of Law, Alicia Jackson, Associate Dean for Student Learning and Assessment at Florida A&M University College of Law, and DeShun Harris, Assistant Clinical Professor of Law and Director of Bar Preparation at the University of Memphis Cecil C. Humphreys School of Law, discuss their article "The 'Pink Ghetto' Pipeline: Challenges and Opportunities for Women in Legal Education," which is published in the University of Detroit Mercy Law Review. Here is the abstract:

Allen is on Twitter at @profallentweets, Jackson is on Twitter at @deanjacksonlaw, and Harris is on Twitter at @deshunharris5.

This episode was hosted by Jennifer L. Brinkley, Assistant Professor of Legal Studies at the University of West Florida. Brinkley is on Twitter at @JusticeIsFemale.

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In this episode, Peter Labuza, a Ph.D. Candidate in Cinema and Media Studies at the University of Southern California and the host of The Cinephiliacs podcast on film criticism, discusses his work on the rise of the legal profession in Hollywood and its role in reshaping both creative labor and financial management of the film industry after World War II. Labuza begins by briefly describing the history of the motion picture industry, from its early free-form days, through the highly regimented studio system, to the shift to independent production. He observes that the prevailing view holds that changes in the motion picture industry were caused by important judicial opinions, but argues that changes in contracting practices also played an important role. He reflects on several different case studies, including the career of the important entertainment lawyer Leon Kaplan. He also discusses interdisciplinary scholarship from the perspective of a humanities scholar doing legal research. Labuza is on Twitter at @labuzamovies.

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, Henrique Choer Moraes, doctoral candidate at the Centre for Global Governance Studies of the University of Leuven (Belgium) and a diplomat with the Brazilian Ministry of Foreign Affairs, discusses his article "The Geoeconomic Challenge To International Economic Law: Lessons From The Regulation Of Data In China." He begins by discussing a "clash of economic models" between China's more state-centered and strategically-guided “geoeconomic” model and the status quo market-oriented economic model adopted among others by the US and the European Union. He is interested in impacts of that clash on the functioning of international economic law going forward. In order to respond to China’s geoeconomic approach to economic relations, he argues that governments in the US, the EU and elsewhere are abandoning market-oriented attitudes and taking the front-seat in economic relations, guided also by a geoeconomic inspiration—leading to what he calls a "geoeconomic chain reaction". This dynamic is changing the logic underlying rules of international economic law, he claims.

Moraes shows how this larger geoeconomic shift impacts international economic law by discussing data regulation in China, where domestic rules limit outflows of data in order to retain, under China’s control, a "strategic asset" that contributes to its development of artificial intelligence. He continues by reflecting upon nations' approaches to international cyber governance, and how China's approach to "cyber-sovereignty" and revelations about American intelligence operations by Edward Snowden have affected the international cyber governance realm. These different views are manifestations of the clash of models with impact on concrete negotiations, such as the ones on electronic commerce currently taking place at the World Trade Organization. He concludes by laying out possible consequences that this geoeconomic shift might introduce into international economic law going forward. He thinks it is likely to be a more fragmented set of rules, less international and more domestic, and generating less predictability for market actors operating at a global level. Moraes is on Twitter at @choermoraes. All the opinions expressed are the sole responsibility of our guest and do not necessarily represent the views of the government of Brazil.

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

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In this episode, Josh Shepperd, Assistant Professor of Media Studies at the Catholic University of America, Sound Fellow at the Library of Congress National Recording Preservation Board (NRPB), and Humanities and Information Fellow at Penn State, discusses his work on the history of radio broadcasting and the preservation of sound recordings. Shepperd begins by explaining the purpose of the NRPB and the Radio Preservation Task Force. He describes the perilous state of the archival record of American radio, reflecting on why so many recordings are lost or destroyed, and how many recording are rapidly deteriorating. He argues that radio recordings preserve a unique aspect of American cultural history, distinct from any other, and focused on the lived experience of marginalized groups. He also discusses his forthcoming history of public broadcasting, and the little-known story of how Theodor Adorno came to the United States to advise the government on educational radio policy. Shepperd is on Twitter at @joshshepperd.

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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