Ipse Dixit

On March 20, 1968, Associate Justice Thurgood Marshall (1908-93) introduced Associate Justice Abraham "Abe" Fortas (1910-1982) at the American University Washington College of Law Convocation on the 75th Anniversary of American University. This is a recording of Marshall's introduction.

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

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In this episode, Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor of Law at Suffolk University Law School, and Ofer Tur-Sinai, Associate Professor of Law at Ono Academic College in Israel, discuss their article "Intellectual Property Law and the Right to Repair," which will be published in the Fordham Law Review. Grinvald and Tur-Sinai begin by explaining what the "right to repair" is and why it is currently endangered by the enforcement of intellectual property rights in light of new technology. They observe that many states are considering right to repair legislation, but it does not seem to be advancing. They argue that the right to repair is consistent with intellectual property policy, and offer a 4-category framework for thinking about implementation of the right to repair. And they reflect on why protecting the right to repair should promote innovation and benefit the public. Grinvald is on Twitter at @LCGrinvald. Tur-Sinai is on Twitter at @oferts70.

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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Asa F. Martin (1900-1979) was an old-time singer and guitarist from Winchester, Kentucky. Dock Philipine "Fiddlin' Doc" Roberts (1897-1978) was an old-time fiddler from Madison County, Kentucky. Martin and Roberts met at a music convention in Winchester, and soon began performing together. They made their recording debut as a duo on Gennett records in 1928, and quickly became popular.

Martin and Roberts recorded the songs "Ninety-Nine Years (Is Almost for Life)" and "Prisoner No. 999" for Perfect Records on March 24, 1932 in New York City. The tracks may have featured Roberts's son James Roberts on mandolin. The record was released as Perfect No. 12799.

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MAD Magazine is a humor magazine founded in 1952 by editor Harvey Kurtzman and publisher William Gaines. It was extremely popular and influential in the mid-20th century, especially under editor Al Feldstein (1956-84), peaking in circulation at 2 million in 1974. It has published 550 regular issues, as well as hundreds of special editions. On July 2, 2019, MAD announced that it would stop publishing new issues by the end of the year.

A 1963 issue of MAD included this flexi-disc, purporting to be MAD's mascot Alfred E. Neuman performing the song "It's a Gas," written by N. Blagman and S. Bobrick on the MAD label. The song was written by Norman Blagman and Sam Bobrick, and performed by Mike Russo, Jeanne Hayes, and the Dellwoods. The song apparently features Al Feldstein saying "It's a Gas!" and King Curtis on saxophone. It also features belches provided by the musicians, which were cut into the recording during post-production.

"It's a Gas" was originally recorded for RCA under the name the "Sweet Sick-teens." RCA released two songs from the session, but refused to release "It's a Gas" because it was in poor taste. MAD loved the track, and was delighted to include it with an issue of the magazine.

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President Richard M. Nixon resigned on August 9, 1974, and President Gerald R. Ford, Jr. was sworn in the following day.

Soon afterward, Histronix, a record label located at 6367 Selma Avenue, Hollywood, California 90028 released an acetate LP. Side 1 is labeled, "President Nixon's Resignation Speech, August 9, 1974." Side 2 is labeled, "President Ford's Swearing In and First Speech to America, August 9, 1974." The disc is labeled "Collector's Item Series 1." It does not appear that Histronix produced very many copies of the record, or ever released any other records.

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In this episode, Daniel B. Rice, an Associate at Georgetown University Law Center Institute for Constitutional Advocacy and Protection, discusses his article "Nonenforcement by Accretion: The Logan Act and the Take Care Clause," which was published in the Harvard Journal on Legislation. Rice begins by explaining what the Logan Act is, how it was enacted, and its 220 year history of non-enforcement. He identifies 12 different reasons the executive branch has declined to enforce the Logan Act at different points in time, and explains why the "nonenforcement by accretion" creates a constitutional conflict with the Take Care Clause. Rice also reflects on the future of the Logan Act and the likelihood of its eventual repeal. Rice is on Twitter at @daniel_b_rice.

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, Jonah B. Gelbach, Professor of Law at University of California Berkeley School of Law, discusses his draft article "Estimation Evidence," which will be published in the University of Pennsylvania Law Review. Gelbach begins by explaining what "statistical estimation evidence" is and the different ways in which it can be evaluated. He explains how courts currently review the statistical estimation evidence in the summary judgment and judgment as a matter of law context, and why it is inconsistent with the "preponderance of the evidence" standard they purport to apply. He observes that courts can literally use Bayesian methods to evaluate statistical evidence, and that it is consistent with the preponderance standard. And he reflects on what this tells us about how to proceed from a policy standpoint. Contact Gelbach for a copy of this paper. You can also find his related paper "Legal Sufficiency of Statistical Evidence" (co-authored with Bruce Kobayashi). Gelbach is on Twitter at @gelbach.

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, Lisa P. Ramsey, Professor of Law at University of San Diego School of Law, discusses her article "Free Speech Challenges to Trademark Law After Matal v. Tam," and her work on "nontraditional marks." Ramsey begins by describing what trademarks are, what trademark law can protect, and how the trademark registration process works. She explains how the Trademark Office used to refuse to register disparaging, immoral, and scandalous marks on statutory grounds, until the Supreme Court found those exclusions unconstitutional viewpoint discrimination in Matal v. Tam (2017) and Iancu v. Brunetti (2019). Ramsey reflects on the meaning of the Supreme Court's application of First Amendment protections to trademark registration, and how it could cascade through the trademark doctrine, affecting other areas of trademark law, including dilution and "inherently valuable expression." Ramsey is on Twitter at @LPRamsey.

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, Akram Faizer, Professor of Law at the Lincoln Memorial University Duncan School of Law, discusses his paper, "Seven Steps to Truly Reform the Tax Code and Engender Socio-Economic Mobility and Revitalize American Democracy," published in the Albany Law Review. Faizer begins with a brief history of the U.S. tax code, beginning with the Reagan administration to the Trump administration's tax policies. He notes that the existence of payroll taxes means that the federal government is reliant on a highly regressive revenue collection system that serves as a disincentive to both job creation and income growth. As a solution, he proposes a seven step reform program for the tax code: (1) eliminating the federal payroll tax, (2) broadening the estate tax, (3) eliminate automatic step-up basis for recipients of bequeaths, (4) implementing a $1 per gallon gas tax, (5) ending the mortgage interest deduction, (6) introducing an 8% national sales tax, and (7) implementing a trigger system that automatically adjusts tax rates based on tax revenue performance. And he provides economic, policy, and normative justifications for each of his proposed steps. Faizer concludes by stating what policymakers, legislators, and people should take away from his proposal. Faizer's scholarship is available here.

This episode was hosted by Luce Nguyen, a college student and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce. 

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In this episode, Jacqueline Lainez Flanagan, Visiting Associate Professor of Law at American University Washington College of Law's Janet R. Spragens Federal Tax Clinic (Associate Professor of Law, University of the District of Columbia David A. Clarke School of Law), discusses her article "Holding U.S. Corporations Accountable: Toward a Convergence of U.S. International Tax Policy and International Human Rights" published in the Pepperdine Law Review. Lainez Flanagan begins by discussing the right of foreign nationals to seek redress for violations of international law norms in U.S. courts as originally set out in the Alien Tort Statute and recent Supreme Court jurisprudence increasing U.S. parent companies' protection from accountability for wrongs committed by subsidiaries.  She argues toward a convergence of American international tax policy and international human rights, outlining the vast tax benefits conferred upon U.S. parents through legislative grace, most notably the formation of foreign subsidiaries to hold profits offshore. She recommends using international tax policy to enhance the accountability of corporations, discussing existing tools and frameworks within the tax code that allow for its use in promoting human rights norms. She concludes by entreating care in foreign direct investment and the importance of respecting the rights of indigenous populations, natural resources, and native workers in foreign lands, noting that legislators, policymakers, and human rights advocates have opportunities to construct a viable tax justice framework from the existing schema embedded within the tax code.

This episode was hosted by Luce Nguyen, a college student and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy research organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce. 

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