Ipse Dixit

In this episode, Felipe Jiménez, Assistant Professor of Law and Philosophy at the University of Southern California Gould School of Law, discusses his draft article "The Case for Formalism in Contract Law Adjudication." Jiménez begins by explaining the differences between legal formalism and legal realism, and reflecting on the realist critique of formalism. He also explains the difference between instrumentalist and non-instrumentalist theories of law. He argues that a formalist approach to the adjudication of contract disputes can promote an instrumentalist theory of law, and may be more effective at promoting the goals of instrumentalist. He also reflects on the values of legal pluralism, and how they may be promoted more effectively by formalist adjudication than realist approaches. Jiménez is on Twitter at @fjimenez_c.

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, Lee Anne Fennell, Max Pam Professor of Law at the University of Chicago Law School, discusses her new book, "Slices and Lumps: Division and Aggregation in Law and Life," which is published by the University of Chicago Press. She begins by explaining what she means by "lumps" and "slices," and why they are concepts that structure the way we think about the world. She observes that aggregating "lumps" together into valuable goods and disaggregating "slices" of goods into valuable segments often increases welfare, but is difficult to accomplish. She explains how this phenomenon affects our decisionmaking, not only in relation to property, but also intrapersonal choices about our lives.

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, Carlton F.W. Larson, Professor of Law at the UC Davis School of Law, discusses his new book, "The Trials of Allegiance

Treason, Juries, and the American Revolution," which is published by Oxford University Press. Larson begins by situating his study of the law of treason in the Early American Republic in the context of his other scholarship. He explains why the law of treason was unsettled during the American Revolution, and how courts and juries developed and applied the law. And he reflects on how conceptualizing treason informed conceptualizing American-ness. Larson is on Twitter at @carltonfwlarson.

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 A. Hoffman, Professor of Law at the University of Pennsylvania Law School, discusses his article "Hushing Contracts," which he co-authored with Erik Lampmann, a student at the University of Pennsylvania Law School, and published in the Washington University Law Review. Hoffman begins by explaining that a "hush contract" is a non-disclosure agreement, usually relating to sexual harassment or sexual violence. The #metoo movement has exposed how hush contracts have enable abusers to continue committing sexual harm. Many states are considering legislation to make hush contracts unenforceable, but Hoffman and Lampmann argue that a common law approach, using the contractual public policy doctrine, might be more effective. Hoffman is on Twitter at @HoffProf.

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, King describes the experience of living in prison. Among other things, he shares some of his writing. 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.

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

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

In this episode, Michael Arjun Banerjee, a Ph.D. student in Jurisprudence and Social Policy at the University of California, Berkeley, discusses his draft article, "No-Trial Executions: Police Killings, the Eighth Amendment, and Transformative Proceduralism." He begins by explaining that the overwhelming majority of state killings are "no-trial executions," or police killings that occur before a person is arrested. While "post-trial executions" require the rigorous procedure protections mandated by the Eighth Amendment, no-trial executions require only the limited procedural protections provided by the Fourth Amendment. He argues that policing is a form of punishment, so we should view police killings through an Eighth Amendment lens, and require a similarly elevated degree of "transformative procedure," in order to prevent them. You can read a related op-ed by Banerjee here. Banerjee is on Twitter at @MABanerjee.

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, Kara Bruce, Professor of Law at the University of Toledo College of Law, discusses her new article, "Bankruptcy’s Adjunct Regulator" (with Alexandra Sickler), which will be published in the Florida Law Review. In their new article, Kara and Alex discuss the role that the Consumer Financial Protection Bureau has played in the consumer bankruptcy system and lay out a vision for the role they wish the Bureau would play in the future. The authors argue that the existing bankruptcy regulatory apparatus is ill-equipped to police persistent “negative value bankruptcy misconduct" by some bad actors in bankruptcy. Kara also discusses why and how a proactive Bureau could improve over the status quo. Finally, Kara also discusses the value she sees in co-authoring with Alex, even though faculty sometimes find it difficult to assess the relative contributions of co-authors. The authors' prior work is available here (Kara) and here (Alex). Bruce is on Twitter at @ProfessorKBruce. Sickler is on Twitter at @alex_sickler.

This episode was hosted by Matthew Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

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

In this episode, Adam Shniderman, a student at the University of Michigan Law School, discussed his essay, "Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber Insurance Policies," which will be published in the Yale Law Journal Forum. Shniderman begins by explaining how he became interested in insurance law. He explains how insurance works and why it presents problems for cyber-attacks, and "hostile & warlike"events." He reflects on how we could approach the problem. And he discusses how law students should think about legal scholarship. Shniderman is on Twitter at @adam_shniderman.

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, Karen Tani, Professor of Law at the University of California Berkeley School of Law, and Matthew Cortland, a lawyer and writer based in Massachusetts, discuss their work on reclaiming notice and comment and citizen participation in the administrative process. They begin by explaining the source and purpose of notice and comment under the Administrative Procedure Act. They reflect how the notice and comment procedure has been dominated by industry insiders, and explain how people affected by regulations can make their voices heard. You can read Kani and Cortland's articles on reclaiming notice and comment of the Law and Political Economy Blog here and here (with Nancy Chi Cantalupo). You can also read Cortland's explainers on how to participate in the notice and comment procedure here and here. Tani is on Twitter at @kmtani and Cortland is on Twitter at @mattbc.

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.