Ipse Dixit

In this episode, Lauren van Haaften-Schick, a curator and writer from New York City and PhD Candidate in the History of Art and Visual Studies at Cornell University discusses her article "Conceptualizing Artists’ Rights: Circulations of the Siegelaub-Projansky Agreement through Art and Law," which was published in the Oxford Handbooks Online: Law, as well as her current work on the Artists' Contract and its legacy. She begins by explaining how transactions in the art market typically work, what resale royalties are, and why they don't exist in the United States. She describes the cultural moment in the late 1960s and early 1970s, when the art market began to expand and artists became more politically conscious, forming organizations like the Art Workers Coalition. She explains how this shift led Seth Siegelaub and Robert Projansky to create the "The Artist’s Reserved Rights Transfer and Sale Agreement" in 1971, and what the Artists' Contract was intended to accomplish. And she reflects on how and why the Artists' Contract is increasingly relevant today. Van Haaften-Schick is on Twitter at @LaurenVHS.

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 1996, Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit delivered an address at the University of Chicago titled "Cyberspace and the Law of the Horse," which was published in the University of Chicago Legal Forum. In his address, Easterbrook mocked the idea of conceptualizing "cyberlaw" as a discrete field of legal research. Drawing on Gerhard Casper's similar dismissal of studying "the law of the horse," Easterbrook argued that legal scholarship should instead focus on identifying unifying themes and general theoretical principles.

In 1997, Lawrence Lessig responded to Easterbrook's criticisms in an article titled "The Law of the Horse: What Cyberlaw Might Teach," which was published in the Harvard Law Review. Among other things, Lessig argued that the law of cyberspace is different from other specialized areas of law, and may reward study in ways they do not.

This episode of Lex Phonographica was read by Deborah Hartstein.

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In 2016, the Harvard Law Review published an essay by Charles Colman titled "About Ned." Here is the abstract:

This episode of Lex Phonographica was read by Brian L. Frye.

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In 1993, Aharon Barak, former chief justice of the Israeli Supreme Court, published an article entitled "Hermeneutics and Constitutional Interpretation" in the Cardozo Law Review. He provided a theory of constitutional interpretation based upon the discretion of judges, contrasting objective and subjective interpretations of constitutional texts.

This episode of Lex Phonographica was read by Luce Nguyen.

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In January 1977, United States Supreme Court Justice William J. Brennan Jr. published an article titled "State Constitutions and the Protections of Individual Rights" in the Harvard Law Review. He noted an emerging trend of state courts finding greater protection of individual liberties in their state constitutions than in the federal constitution, and was a notable article regarding federalism in American constitutional interpretation.

This episode of Lex Phonographica was read by Luce Nguyen.

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In 1988, the editors of the University of Pennsylvania Law Review published an aside titled "Don't Cry Over Filled Milk: The Neglected Footnote Three to Carolene Products." It provided a trenchant critique of legal citation practices as described in the Bluebook through a satirical examination of footnote three of United States v. Carolene Products, and has been cited with relative frequency by those critiquing current practices. It has also been noted in a number of Constitutional Law texts, including Norman Redlich's Constitutional Law casebook, for its numerous citations to scholarship focused on footnote four of United States v. Carolene Products.

This episode of Lex Phonographica was read by Luce Nguyen.

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In December 1890, Samuel D. Warren and Louis D. Brandeis published an article titled, "The Right to Privacy" in the Harvard Law Review. It became one of the most influential law review articles ever written, and shaped the development of privacy and publicity rights.

This episode of Lex Phonographica was read by Brian L. Frye.

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In this episode, Léonid Sirota, Senior Lecturer at the Auckland University of Technology Law School, discusses his work on Canadian constitutional law. He begins by describing the sources of Canadian constitutional law, when they were adopted, and which institutions have interpreted them. He explains that the prevailing view of Canadian constitutional law rejects originalist methods of interpretation in favor of a form of living constitutionalism. But he observes that this position is overstates, as the Canadian Supreme Court actually engages in a form of originalist interpretation on a regular basis. He argues that the Court should acknowledge its use of originalist methodologies and that they may promote the rule of law. Sirota is on Twitter at @DoubleAspect and blogs at doubleaspect.blog.

The articles addressed in this interview include:

• Benjamin Oliphant & Léonid Sirota, Has the Supreme Court of Canada Rejected "Originalism"?, 42 Queen’s Law Journal 107 (2016).
• Léonid Sirota & Benjamin Oliphant, Originalist Reasoning in Canadian Constitutional Jurisprudence, 50 UBC Law Review 505 (2017).
• Léonid Sirota, More v. Roper: A Comment on Lawrence Solum’s Defence of Originalism, Comparative Perspectives on Originalism (2017).

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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On August 21, 1963, Lee Harvey Oswald (1939-1963) appeared in a debate on WDSU-FM New Orleans. The debate was moderated by WDSU radio commentators Bill Slatter and Bill Stuckey. Oswald represented the New Orleans branch of the Fair Play for Cuba Committee, of which he was the only member. He debated Carlos Bringuier, the leader of the New Orleans branch of the Student Revolutionary Directorate (DRE), an anti-Castro group, and Edward Scannell Butler, the leader of the Information Council of the Americas, a right-wing organization. On August 9, Oswald and Bringuier had gotten into a fight, when Bringuier encountered Oswald distributing pro-Castro leaflets. Both were arrested for disturbing the peace and quickly released. Stuckey learned of the incident and invited Oswald and Bringuier on his radio program. Here is a transcript of the debate.

Unbeknownst to anyone at the time, on April 10, 1963, Oswald had tried and failed to assassinate retired Major General Edwin S. Walker, a prominent anti-communist and segregationist speaker, who was a member of the John Birch Society. Of course, on November 21, 1963, Oswald assassinated President John F. Kennedy in Dallas, Texas. He was quickly apprehended. But on November 24, Oswald was himself murdered by Jack Ruby.

Soon after the Kennedy assassination (probably in 1964), Key Records, a right-wing record label based in Los Angeles, California and affiliated with the John Birch Society, released an LP titled "The President's Assassin Speaks." The record was narrated by Billy James Hargis (1925-2004), an evangelical preacher affiliated with the John Birch Society. It featured Oswald and Bringuier's comments from the WDSU debate, with Hargis playing the part of the moderator. As it happens, Hargis was closely associated with Walker. Hargis was also the leader of Christian Crusade, a religious organization he founded. In 1964, Christian Crusade was investigated by the IRS, which revoked its tax exempt status. In 1971, he founded American Christian College in Tulsa, Oklahoma. But in 1974, he was forced to resign, when he was accused of sexually assaulting male and female students. The college went bankrupt and closed in 1977.

The LP was the eleventh in a series of "anti-subversion" albums released by Key Records. It was intended to emphasize that Oswald was a Communist, and not affiliated with the right-wing.

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