Ipse Dixit

In this episode, Jeffrey Lipshaw, Professor of Law at Suffolk University Law School, discusses his article "Halting, Intuition, Heuristics, and Action: Alan Turing and the Theoretical Constraints on AI-Lawyering," which was published in the Savannah Law Review, as well as his current work on artificial intelligence. Lipshaw begins by explaining who Alan Turing was, and how he invented the "Turing machine" in order to answer a mathematical question. Essentially, Turing identified the "halting problem," which remains an inevitable feature of algorithmic data processing. Lipshaw explains how the halting problem can inform our thinking about the automation of legal practice and the core competencies of lawyers. Lipshaw is on Twitter at @JeffLipshaw.

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, Lindsey Barrett, a staff attorney and teaching fellow at the Georgetown University Law Center Institute for Public Representation Communications & Technology Clinic, discusses her article "Confiding in Con Men: U.S. Privacy Law, the GDPR, and Information Fiduciaries," which was published in the Seattle University Law Review. Barrett begins by explaining how data privacy is regulated in the United States, especially by the Federal Trade Commission. She compares it to how data privacy is regulated in the European Union under the General Data Protection Regulation or GDPR. And she introduces an alternative paradigm for data privacy regulation by treating data custodians as "information fiduciaries." She explains how this fiduciary relationship would work and why it might be preferable to alternative paradigms. Barrett is on Twitter at @LAM_Barrett.

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.

On September 18, 1964, Associate Justice William O. Douglas of the United States Supreme Court delivered an address titled "A Nonconformist in Our Society" at City College in New York City. Douglas's talk was the first in a series dedicated to the philosopher and legal scholar Morris Raphael Cohen. Among other things, Douglas discussed the extent to which conformity permeates American society, and criticized the unwillingness of American culture to express diverse values, and its detrimental focus on technological and economic progress. The address was recorded and presented by WEVD radio. It is followed by a PSA and a musical interlude.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

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Bruno Richard Hauptmann (1899-1936) was convicted of the kidnapping and murder of Charles Lindbergh Jr., the infant son of Charles Lindbergh and Anne Morrow Lindbergh, which was known as "The Crime of the Century." Hauptmann was born in Germany, fought in WWI, and emigrated to the United States in 1923.

On the evening of March 1, 1932, someone kidnapped 20-month-old Charles Lindbergh, Jr. from his bedroom in Highfields, New Jersey. A ransom note demanded $50,000, which was delivered by Dr. John F. Condon, but the child was not returned, and his lifeless body was discovered in the woods 4 miles from his home on May 12, 1932.

Hauptmann was identified and arrested after a bank teller traced the serial number on a $10 gold certificate to the Lindbergh ransom, and it was traced to Hauptmann's car. Among other things, $14,600 of the ransom money was found in Hauptmann's garage. He was convicted, sentenced to death, and executed on April 3, 1936. However, some people have argued that Hauptmann was innocent, and that he was framed for the crime.

Bill Cox (1897-1968) was a guitarist, singer, and harmonica player from Kanawha County, Kentucky. He was also known as the "Dixie Songbird," and recorded many songs, primarily for Conqueror Records. This 78rpm record, titled "The Trial of Bruno Richard Hauptmann, Part I & II" was recorded on February 26, 1935, in New York City.

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In this episode, Tom Simmons, Professor of Law at the University of South Dakota School of Law, discusses his paper, "Conflict-of-Interest-Infected Virtual Representatives and a Cure," published in the South Dakota Law Review. Simmons begins by providing a broad outline of trusts and the role of both representatives and “virtual representatives” in providing adequate notice to trust beneficiaries. He details how the common law created the concept virtual representation, and the roles of the American Law Institute Restatements and the Uniform Trust Code in modern trust law. He then discusses the 2017 reforms to the South Dakota trust statutes, noting how the structure of policymaking on South Dakotan trust law provided for more comprehensive reform. And he describes how the new law works to resolve previous issues and provides theoretical examples. Simmons concludes by detailing what lawyers, policymakers, and legislators should take away from these developments. Simmons's scholarship is available on @SSRN.

This interview was hosted by Luce Nguyen. Nguyen is on Twitter at @NguyenLuce.

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In this episode, Eric Goldman, Professor of Law and Co-Director of the High Tech Law Institute at Santa Clara University School of Law, discusses his article "Emojis and the Law," which was published in the Washington Law Review, as well as his recent work on content moderation. Goldman begins by explaining what emojis are, who created them, and how they work. He describes how people use emojis to communicate and how software platforms can frustrate or confuse those communication. He provides examples of how courts have begun to wrestle with the meaning of emojis when interpreting communications and reflects on how intellectual property law can increase uncertainty about the meaning of emojis. He closes by discussing his recent work connecting content moderators in productive conversations. Goldman blogs at the Technology & Marketing Law Blog and is on Twitter at @ericgoldman.

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 March 20, 1968, after an introduction delivered by Associate Justice Thurgood Marshall, Associate Justice Abraham "Abe" Fortas (1910-1982) delivered an address at the American University Washington College of Law Convocation on the 75th Anniversary of American University. Among other things, Fortas discussed the concept of precedent and stare decisis in relation to the Supreme Court's constitutional criminal procedure jurisprudence. Fortas reflects on Betts v. Brady and Gideon v. Wainwright, and how they reflected evolving social mores. And he uses them to explain and justify the Court's decision in Miranda v. Arizona.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

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In this episode, Wendy Netter Epstein, Professor of Law at DePaul University College of Law and Faculty Director of the Mary and Michael Jaharis Health Law Institute, discusses her article "Private Law Alternatives to the Individual Mandate," which will be published in the Minnesota Law Review. Epstein begins by briefly describing what the Affordable Care Act is and how it works, and the role the "individual mandate" played in the ACA. She then explains how the effective elimination of the individual mandate will affect the functioning of the ACA health care markets, by changing the incentives for marginal healthcare consumers. She observes that existing proposals to compensate for the loss of the individual mandate are unlikely to be effective and would have undesirable consequences. And she proposes several alternative approaches based on behavioral economics principles that could be more effective, including variable rate plans, lock-in contracts, return of premium policies, and appeals to altruism. Epstein is on Twitter at @ProfWEpstein.

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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Hugo Lafayette Black (1886-1971) was a politician and judge from Ashland, Alabama. He graduated from the University of Alabama School of Law in 1906 and practiced law in Birmingham. In the early 1920s, he joined the Ku Klux Klan, but resigned in 1925. In 1926, he was elected to the United States Senate as a Democrat. He was an ardent supporter of President Franklin D. Roosevelt and the New Deal. However, he opposed federal anti-lynching legislation, and made anti-Catholic and anti-Semitic comments.

On August 12, 1937, President Roosevelt nominated Black to the Supreme Court to replace Associate Justice Willis Van Devanter, who had retired. Traditionally, sitting Senators nominated to judicial positions were immediately confirmed, but Black's nomination was referred to the Judiciary Committee, in part because of his former Klan membership. On August 16, the Committee recommended confirmation, and the Senate confirmed the following day.

On October 1, 1937, Black delivered a radio address on NBC radio from the RCA studio, in order to refute accusations of racism, anti-Catholicism, and anti-Semitism. Among other things, he observed that the Constitution protects religious freedom. And he denied any racial or religious intolerance. He admitted joining the Klan, but stated that he resigned before becoming a Senator, did not consider himself a member of Klan, and repudiated the beliefs of the Klan. He also noted that he had many African-American, Catholic, and Jewish friends.

Black's address is followed by a musical program.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

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On August 10, 1970, Chief Justice Warren E. Burger (1907-1995) of the Supreme Court of the United States delivered a "State of the Judiciary" speech, which was broadcast on CBS. Burger and others hoped that Congress would resolve to ask the Chief Justice of the Supreme Court to make an annual State of the Judiciary address before both houses of Congress, but Congress was unenthusiastic.

This recording is from the Michigan State University G. Robert Vincent Voice Library collection.

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