Ipse Dixit

In this episode, Jorge L. Contreras, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses his draft article "Sui-Genericide." Contreras begins by explaining the difference between trademarks and generic terms, and how generic terms relate to the public domain in copyright and patent. He discusses how "genericide" can turn strong trademarks into generic terms. But he observes that sometimes market participants want certain terms to be generic, even though they could qualify as trademarks, which he calls "sui-genericide." He explains why sui-genericide can be beneficial and how it may come into conflict with trademark doctrine. And he reflects on what sui-genericide can tell us about the concept of generic terms. Contreras is on Twitter at @contreraslegals.

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, Dr. Anat Alon-Beck, Assistant Professor of Law at Case Western Reserve University School of Law, discusses her article "Unicorn Stock Options - Golden Goose or Trojan Horse?," which will be published in the Columbia Business Law Review. Alon-Beck begins by describing what a "unicorn" company is. She explains how technology startups have traditionally compensated their employees with stock options, in order to provide incentives for them to contribute to the value of the company and stay in their jobs. She observes that unicorn companies have created a problem for that model, because their abundance of cash causes them to delay their IPOs. She explains why this harms senior employees and creates undesirable incentives for junior employees. And she explains how to mitigate or solve the problem by encouraging IPOs, among other things. Alon-Beck is on Twitter at @anatalonbeck.

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, Jennifer D. Oliva, Associate Professor of Law at Seton Hall University School of Law, discusses her new article “Prescription Drug Policing: The Right to Protected Health Information Privacy Pre- and Post- Carpenter,” forthcoming in the Duke Law Journal. Prof. Oliva begins the discussion explaining how common inaccuracies in understanding the current overdose epidemic (focusing on prescription drug use rather than illicit drug use) exacerbates the crisis. She then explains how this erroneous understanding has precipitated the creation of state prescription drug monitoring programs (PDMPs), which collect and maintain data on every dispensed prescription while collecting massive amounts of protected health information (PHI). Professor Oliva then details how these PDMPs mainly serve as a law enforcement rather than a public health tool, introducing greater amounts of surveillance into the life of the American public. She then discusses search and seizure law under the Fourth Amendment and its applicability to warrantless police seizure of PDMP information while arguing that such searches and seizures are illegal both under pre- and post-Carpenter. She closes by issuing a warning to listeners, urging them to remember how much of their most private information is made public given common technologies. Professor Oliva's scholarship is available on SSRN and she is on Twitter at @jenndoliva.

This episode was hosted by Maybell Romero, Assistant Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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In this episode, Alexa Z. Chew, Clinical Associate Professor of Law at the University of North Carolina School of Law, and Kevin Bennardo, Clinical Associate Professor of Law at the University of North Carolina School of Law, discuss their article "Citation Stickiness," which will be published in the Journal of Appellate Practice & Process. Chew and Bennardo begin by explaining what citation stickiness is, why it matters, and how it has been studied by other scholars. They describe their study and how they structured it. And they reflect on their findings, discussing what their study tells us about citation stickiness and how scholars may want to study citation stickiness in the future. Chew is on Twitter at @aznchew.

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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Adlai Ewing Stevenson II (1900-1965) was an American lawyer, politician, and diplomat, who was a leader of the progressive wing of the Democratic Party. Stevenson was born in Los Angeles, California. His grandfather Adlai Ewing Stevenson I was Vice President of the United States under President Grover Cleveland from 1893 to 1897. Stevenson graduated from Princeton University and briefly attended Harvard Law School before dropping out. Eventually, he graduated from Northwestern University School of Law and worked for the Chicago law firm Cutting, Moore & Sidley. From 1933-35, he worked for the Agricultural Adjustment Administration. During WWII, he worked for the Secretary of the Navy, and after the war, he worked for the State Department.

In 1949, Stevenson was elected Governor of Illinois as a Democrat, winning by a record margin. In 1952 and 1956, Stevenson received the Democratic nomination for President of the United States, and ran unsuccessful campaigns against Dwight Eisenhower. in 1960, he lost the Democratic nomination to John F. Kennedy, who appointed Stevenson Ambassador to the United Nations. On July 14, 1965, Stevenson died of a heart attack in London, England.

Shortly after Stevenson's death, Radio Press International released this LP titled "Adlai Stevenson: The Man, The Candidate, The Statesman," which collects some of Stevenson's best-known comments. The album is narrated by Bill Scott, and produced by Audio Stage, Inc. for The Macmillan Company. Here is the tracklist:

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In this episode, Orin Kerr, Professor of Law at the University of California Berkeley School of Law, discusses his path into legal academia and offers advice for aspiring academics and junior scholars. Among other things, Kerr describes his early career and how his research has evolved over time. Kerr also offers advice on how to write and think effectively as a legal scholar, as well as some tips for teaching. Kerr is on Twitter at @OrinKerr.

This episode was hosted by David A. Simon, Visiting Assistant Professor at the University of Kansas School of Law, and a Project Researcher at the Hanken School of Economics. Simon's scholarship is available on SSRN and he is on Twitter at @david_simon.

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In this episode, Samuel D. Brunson, Georgia Reithal Professor of Law at Loyola University Chicago School of Law, discusses his book "God and the IRS: Accommodating Religious Practice in United States Tax Law," which is published by Cambridge University Press. Brunson begins by explaining how the Constitution limits the government's ability to burden and benefit religion, as well as how courts evaluate the legitimacy of tax policy. He discusses religious objections to taxation and tax benefits granted to people on the basis of religion, including the parsonage allowance, the tax deductibility of contributions to religious organizations, and the tax treatment of religiously motivated contractual relationships. He closes by setting out a framework for thinking about whether religious accommodations to tax law are justified. Brunson is on Twitter at @smbrnsn.

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, Dr. Daniela Simone, Lecturer in Law and Co-Director of the Institute of Brand and Innovation Law at University College London Faculty of Laws, discusses her book "Copyright and Collective Authorship: Locating the Authors of Collaborative Work," which is published by Cambridge University Press. Simone begins by explaining what copyright protects and why. She discusses how copyright doctrine currently assigns authorship and ownership of works created by multiple people. She reflects on several particular forms of collective works to show how copyright doctrine provides "wrong" answers to the question of authorship, including Wikipedia, aboriginal Australian art, scientific articles, and motion pictures. And she explains how copyright could provide better answers by considering social norms and context when assigning authorship. Simone is on Twitter at @DrDSimone.

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, Allison Anna Tait, Associate Professor of Law at the University of Richmond School of Law, discusses her article "The Law of High-Wealth Exceptionalism," which will be published in the Alabama Law Review. Tait begins by describing "family constitutions," which extremely high-wealth families use in order to help preserve their wealth and facilitate dispute resolution. She observes that many wealth managers strongly recommend such constitutions, and encourage families to conceptualize themselves as semi-sovereign entities, ideally independent of government regulation. She also discusses some of the legal tools that extremely wealthy families use to avoid regulation, oversight, and taxation, including trusts, family offices, and private foundations. She argues that this ideology and the legal tools that facilitate it are anti-democratic and harm the rest of the population. And she argues that we should consider reforms to help mitigate this problem, including a revitalization of the estate tax. Tait is on Twitter at @athenais1674.

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, Ed Timberlake, a former Trademark Examining Attorney and Copyright Examiner who currently practices trademark and copyright law, discusses his article "#Trademarks Twitter Addresses a Gap in the Literature," which was published in the Idaho Law Review. Timberlake begins by describing what trademarks do and how they are created. He explains the purpose of trademark registration and how trademark examiners decide whether to approve a registration application. He reflects on why attorneys and scholars should study the trademark registration process as well as trademark litigation. And he argues that Twitter can help promote deeper understanding of trademarks and how they work. Timberlake is on Twitter at @TimberlakeLaw.

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.