Ipse Dixit

In this episode, Carliss Chatman, Assistant Professor of Law at Washington & Lee University School of Law, discusses her article, "Myth of the Attorney Whistleblower," which will be published in the SMU Law Review. Chatman begins by explaining the duty of confidentiality and the attorney-client privilege, and how those apply to attorneys representing organizations rather than individuals. She describes the Enron fraud and bankruptcy, reflects on the role of attorneys in that controversy, and describes how Congress tried to create attorney reporting requirements in order to prevent future frauds in Sarbanes-Oxley. She observes that the reforms didn't work, and points to their failure in the Theranos and Tesla scandals. And she reflects on whether any regulation can help. Chatman is on Twitter at @carlissc.

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, Sanjukta Paul, Assistant Professor of Law at Wayne State University Law School, discusses her article "Antitrust As Allocator of Coordination Rights," which will be published in the UCLA Law Review. Paul begins by explaining why she thinks we should conceptualize antitrust policy in terms of "coordination rights," or the legal ability to form agreements. She reflects on how coordination rights were conceptualized in different ways at different points in the history of antitrust policy, and emphasizes that antitrust policy always reflects normative values that inform its purpose and goals. She argues that both inter- and intra-firm agreements are forms of coordination, and that we should examine both through the lens of antitrust policy. And she suggests that the range of normative values antitrust policy should consider are broader than those encompassed by the current consensus view. Paul is on Twitter at @sanjuktampaul.

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, Peter Adamson, Professor of Late Ancient and Islamic Philosophy at the LMU in Munich, discusses his essay "Taqlid: Authority and the Intellectual Elite in the Islamic World," which will be part of a lecture series at Notre Dame. Adamson begins by explaining the difference between the Islamic law concepts of "taqlid," which roughly means "rule-following" or "precedent" and "ijtihad," which roughly means "intellectual struggle." He explains how these were contested concepts in medieval Islamic jurisprudence and theology, and reflects on how they informed jurisprudential ideology. He also discusses the Aristotelian move in late medieval Islamic jurisprudence and how it reframed the debate. He closes by discussing the larger project of which this essay is a part, as well as the new book he edited, "Philosophy and Jurisprudence in the Islamic World."

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, Kate Sablosky Elengold, Assistant Professor and director of the Consumer Financial Transactions Clinic at UNC School of Law, discusses her scholarship on the Investment Imperative, a term she coined. Kate identifies the investment imperative "as the widely-held belief that higher education is necessary to increase one's financial prosperity and social standing in America." She argues that the investment imperative drives and distorts student decisions to attend institutions of higher education and to debt-finance their educations. In particular, she suggests that students fail to consider the return on investment of their college attendance decisions and that the investment imperative creates feelings of fear and shame in students when their expectations are not matched by reality. Elengold's article, The Investment Imperative, is forthcoming in the Houston Law Review and is available on SSRN. Elengold is on Twitter at @kateelengold. 

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

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In this episode, Chaz Arnett, Assistant Professor of Law at the University of Pittsburgh School of Law, discusses his article "From Decarceration to E-carceration," which will be published in the Cardozo Law Review. Arnett begins by describing what "e-carceration" is and what the experience of being subject to constant electronic surveillance is actually like. He explains how the decarceration movement has emphasized e-carceration as a way of getting people out of prison, but observes that e-carceration is ultimately just a prison without walls. He reflects on how e-carceration is ultimately inconsistent with the rehabilitative goals of the decarceration movement, and argues that we need to use different approaches if we want to integrate people convicted of crimes back into society. Arnett is on Twitter at @chazparnett.

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, Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discusses his article "Dead Hand Vogue," which will be published in the University of Richmond Law Review. Kreis begins by explaining how courts have construed Title VII's prohibition on employment discrimination differently in relation to LGBTQ individuals than other social groups. Specifically, he observes that courts usually look to individual characteristics to determine whether prohibited discrimination has occurred, but only look to membership in the LGBTQ class, as a function of the "legislative dead hand" that did not originally include discrimination on the basis of sexual orientation. He points out that this has led to absurd results, including that mistaken discrimination on the basis of sexual orientation may be prohibited, but accurate discrimination may not. He concludes by reflection on upcoming Supreme Court cases that will address this issue. Kreis is on Twitter at @AnthonyMKreis.

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, Caprice L. Roberts, Visiting Professor of Law at the George Washington University Law School, discusses her article "Disgorging Emoluments," which will be published in the Marquette Law Review. Roberts begins by explaining what "emoluments" are and briefly describing the current controversy over improper emoluments allegedly received by President Trump. She observed that many commentators have discussed whether or not Trump received emoluments, but none have discussed what should happen if he did. In particular, what remedies would be appropriate and why. She argues that disgorgement would be the most appropriate remedy under the circumstances. Roberts is on Twitter at @capricelroberts.

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, Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law discusses her draft article "Prosecutors and Police: An Unholy Union." Romero begins by observing that prosecutors are beginning to unionize and join with police unions, which promises to create issues for accountability and criminal justice reform. She describes the history of police unions and the relationship between police and prosecutors. Among other things, she notes that police unions are different than other kinds of unions, and often serve to protect abusive police officers and practices. She observes that the move among prosecutors to unionize seems to be driven by the rise of "progressive" or "reformist" prosecutors. And she argues that this move could make criminal justice reform more difficult. Romero is on Twitter at @MaybellRomero.

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, Andrew Jensen Kerr, Lecturer of Legal English and Assistant Director for the Language Center at Georgetown University Law Center, discusses his article "The Perfect Opinion," which will be published in the Washington University Jurisprudence Review. Kerr begins by describing the literature evaluating the quality of judicial opinions. He explains how his methodology differs from that of other scholars, by providing an analytic approach to the aesthetics of judicial opinions. He observes that, among other things, judges tend to prefer opinions with few or no citations. And he reflects on what that can tell us about the relationship between aesthetics and the judicial enterprise. Kerr'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, Patrick Kabat, a media and entertainment lawyer and Director of the First Amendment, Media & Entertainment Law Practicum at Cleveland-Marshall College of Law, discusses his article "The Fossilized Right of Publicity: Fiction, the First Amendment, and the Freedom of Imagination." Kabat begins by describing the origin of the right of publicity and what it protects. He explains why the right of publicity is in tension with the First Amendment protection of free expression, and how that tension has increased as First Amendment protections have broadened. He discusses recent right of publicity decisions, and why courts got the doctrine right or wrong. He closes by reflecting on how his practice has informed his scholarship. Kabat is on Twitter at @PatrickKabat.

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.