Ipse Dixit

In this Episode, we talk with June Carbone, Robina Chair in Law, Science and Technology at the University of Minnesota Law School. Carbone first explains how she broke into the legal academy, and how the hiring process has changed over the past 25 years. She continues by discussing what makes a good law review article, and how to engage with empirical research as a young scholar. Carbone also discusses how to engage with other academics without overwhelming your professional bandwidth. Carbone is on Twitter at @carbonej.

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.

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In this episode, Howard Kislowicz, Associate Professor of Law at the University of Calgary Faculty of Law, discusses his article "Recontextualizing Ktunaxa Nation v. British Columbia: Crown Land, History and Indigenous Religious Freedom," which was co-authored with Senwung Luk and published in the Supreme Court Law Review. Kislowicz begins by explaining the source of protection of religious freedom under the Canadian Constitution, and how the Supreme Court of Canada has interpreted and applied constitutional protections of religion. He describes the recent Ktunaxa Nation case, in which the Supreme Court rejected an aboriginal religious freedom claim on novel grounds. He observes that the basis for the Supreme Court opinion fails to account for the history and circumstances of aboriginal Canadians. And he speculates on how the issue may develop in the future. Kislowicz is on Twitter at @HowieKislowicz.

The stinger for this episode is Kislowicz's band Shoulders performing "Spectacular Failure" from What Does it Eat (2018).

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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Dr. Kenneth W. McFarland (1906-1985) was a teacher, public speaker, author, and conservative pundit. He was born in Caney, Kansas, received a bachelor’s degree from Pittsburg State College of Kansas in 1927, a master’s degree from Columbia University in 1931, and a doctorate from Stanford University in 1940. Eventually, he became the superintendent of the Topeka, Kansas school system, and was the superintendent when the Topeka Board of Education was sued in the landmark anti-discrimination case Brown v. Board of Education (1954). After Brown v. Board, General Motors and Readers Digest, among others, hired him as a speaker.

Many of McFarland's speeches were recorded and published as LPs by the Edward M. Miller and Associates, Inc. label from Grand Rapids, Michigan, which published LPs by many different conservative speakers.

This LP is a recording of a speech McFarland delivered to a Rotary International group in about 1966. Among other things, he criticizes the Supreme Court, singling out Justice Douglas, and questions the legitimacy of the civil rights movement.

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In this episode, Mark Lemley, William H. Neukom Professor of Law at Stanford Law School, Director of the Stanford Program in Law, Science and Technology, and Partner at Durie Tangri, discusses his views on legal scholarship. Lemley begins by describing his own experience coming up into the legal academe, and how law practice and exposure to diverse ideas stimulate his scholarship on a broad range of subjects. He goes on to explain how junior scholars can write interesting scholarship, engage with senior scholars, and manage the academic (and practice) workload. Lemley is on Twitter at @marklemley.

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.

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In this episode, Doron Dorfman, Associate Professor of Law at Syracuse University College of Law, discusses his article "[Un]Usual Suspects: Deservingness, Scarcity, and Disability Rights," which will be published in the UC Irvine Law Review. Dorfman begins by explaining his work on disability studies, health law, and law & psychology. He briefly explains the basis for modern disability law and how the ADA protects the rights of disabled people. He describes the empirical study, utilizing survey experiments as well as qualitative interviews, he conducted in relation to how Disneyland guests and parking lot users experience and perceive accommodations provided to disabled people. And he reflects on how the results of his study should inform our approach to disability policy. Dorfman is on Twitter at @DorfmanDoron.

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, Mila Sohoni, Professor of Law at the University of San Diego School of Law, discusses her article "The Trump Administration and the Law of the Lochner Era," which was published in the Georgetown Law Journal. Sohoni begins by describing what the Lochner era is, how Lochner v. New York came to define an era of jurisprudence, and how that era is conventionally understood. She complicates that conventional understanding by pointing out seeming contradictions in the Supreme Court's jurisprudence, and explains them in relation to a broader ideology of personal and governmental sovereignty. She points to similarities between the ideology of the Lochner era court and the Trump administration's policies and argues that those similarities reflect ideological affinities. And she reflects on how that should inform our understanding of the current political moment. Sohoni'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.

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Students for a Democratic Society (SDS) is a leftist student organization. It was founded in 1960, but originated in the Intercollegiate Socialist Society, which was founded in 1905. SDS rapidly grew and had more than 300 chapters in 1969, when it fractured into factions. Among other things, members of the organization disagreed about whether it should prioritize feminism, or anti-racist and anti-war activities. SDS still exists today, albeit in a much diminished form.

One of the more radical elements of SDS was the Revolutionary Youth Movement (RYM), which split from SDS in 1969, and renamed itself "Weatherman," based on a line from the Bob Dylan song "Subterranean Homesick Blues": "You don't need a Weatherman to know which way the wind blows." Weatherman soon renamed itself the Weather Underground Organization and pursued increasingly radical and violent actions with the stated goal of Communist revolution. Among other things, the Weather Underground staged a riot in Chicago on October 8, 1969, which they dubbed "Days of Rage," broke Timothy Leary out of prison in 1970, and a string of bombings from 1969 through the 1970s, including a bombing of the Pentagon. Unsurprisingly, the FBI considered the Weather Underground a domestic terrorist organization, and the members of the group went underground in order to avoid arrest.

By 1975, the Weather Underground was beginning to unravel. The radical documentary filmmaker Emile de Antonio convinced cinematographer Haskell Wexler and editor Mary Lampson to co-direct a documentary film about the Weather Underground. The result was Underground (1976), an 87 minute documentary in which members of the Weather Underground explains their ideas and political philosophy. Notably, Wexler filmed them from behind or through a screen, in order to conceal their identities. The members of the Weather Underground featured in the film include: Bill Ayers, Kathy Boudin, Bernardine Dohrn, Jeff Jones, and Cathy Wilkerson. Notably, De Antonio was relatively critical of the organization and its tactics.

When the film was finished, the FBI tried to subpoena all of the material, but after considerable litigation, the subpoena was quashed, primarily on First Amendment grounds.

Later in 1976, Folkways Records released the "soundtrack" of Underground as a 2xLP set. Here is the track list:

A1Statement By The Underground

A2Violence Is Necessary - H. Rap Brown, Malcolm X, M. L. King Jr., F. Castro

A3The Viet War - Ho Chi Minh, N.T.Dinh, J. Ford

A4SDS, Chicago 1969, Days Of Rage

B1Attitudes Of The Underground

B2Self Criticism

B3Puerto Rico - "Mongo Affair" (Miguel Algarin)

B4Making The Film

B5We Are Professional Revolutionaries

B6The West 11th Street Explosion

C1Capitol Bombing - Returning Medals

C2Fear And Commitment

C3Class Origin And Class Stance

C4The Publication Of The Praire Fire

D1Make Up Of Capitalistic Power & The New Revolution

D2The Prison Movement And Attica

D3It Is The People Who Make The Change

D4We Are A Small Organization

D5Interview At A L.A. Unemployment Center

D6Why We Are Communists & Speak Collectively

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Wendell Lee "Wendy" Bagwell (1925-1996) was a musician and comedian from Chamblee, Georgia. He was the founding member and leader of the Southern gospel music and comedy trio Wendy Bagwell and the Sunliters. The group was active for 33 years and recorded about 40 albums.

In 1977, shortly after Jimmy Carter was elected President of the United States, Wendy Bagwell and the Sunliters recorded an album titled "Plain Georgia Gospel," which included a track titled "From Peanuts to President," a comedic monologue by Wendy Bagwell in which he reflected on Carter's path to the presidency.

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In this episode, Zahr Said, Associate Professor of Law and Associate Dean for Research and Faculty Development at the University of Washington School of Law, discusses her article "Craft Beer and the Rising Tide Effect: An Empirical Study of Sharing and Collaboration Among Seattle's Craft Breweries," which is published in the Lewis & Clark Law Review. Said begins by explaining what craft beer is and how she became interested in studying the craft beer industry. She situates her project in relation to the law and social norms turn in intellectual property scholarship and describes the qualitative empirical study she conducted of participants in the craft beer industry. She reflects on her finding of "coopetition" among participants in the industry, and how it manifested itself in relation to knowledge goods, among other things. And she discusses plans for future scholarship in the area. Said is on Twitter at @zahr_said.

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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Anthony "Tony" Schwartz (1923-2008), known as the "wizard of sound" was an American sound archivist, sound designer, media theorist, and advertising creator. Among other things, he helped create the "Daisy" television ad for the 1964 Lyndon Johnson campaign.

In 1952, Schwartz began using a portable tape recorder to document his conversations with New York City taxicab drivers. Eventually, he recorded about 35 hours of material, which he edited into a 32-minute LP, titled "The New York Taxi Driver." The LP was produced by Paul Roberts, narrated by Dwight Weist, and released by Columbia Records. In 2004, it became one of the first 100 recordings added to the National Recording Registry by the National Recording Preservation Board. Here is the tracklist:

A1A Temporary Job3:40

A2Cops, Calls And Traffic5:44

A3Occupational Hazards2:39

A4Females2:24

A5The Bronx Is Like China1:48

A6The Philosophers3:12

B1Home Sweet Home7:28

B2A Jumble Of Colors1:30

B3The Ambassador2:54

B4"...The Way It Has To Be"2:01

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