Ipse Dixit

Scholastic Records published this LP titled "Law: You, the Police, and Justice" in 1968. It consists of documentary recordings of the interactions of juveniles with the police and the criminal justice system, along with an explanatory narration and interviews with police and judges. Among other things, it features a legal aid attorney interviewing a 15-year-old girl who was arrested for looting, and the trial of a 17-year-old boy who was arrested for shoplifting.

The LP was produced, recorded, and edited by Myles Jackson, and executive produced by Robert Mack and Sheila Turner. Here is the tracklist:

A1General Introduction

A2Students Talk About The Police

A3One Policeman's Opinion

A4Problems The Police Face

A5Girl In Jail

B1Trial

B2Why Angel Didn't Run

B3The Judge Explains

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In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, Institute for Law and the Workplace, discusses his scholarship on sex-based quarantine rules and other structural barriers that limit women's employment opportunities. He argues that these "defensive glass ceilings" should be prohibited practices under existing employment anti-discrimination laws. Kreis describes how the #MeToo Movement has caused some men to continue or reinvigorate workplace sex-based inequities by, for example, following the Graham-Pence Rule and avoiding women in the workplace to hedge against allegations of wrongdoing or the appearance of impropriety. Kreis' article, Defensive Glass Ceilings, is forthcoming in the George Washington Law Review and is available on SSRN. Kreis is on Twitter at @AnthonyMKreis.

This episode was hosted by Matthew A. Bruckner, Associate Professor of Law at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner.

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In this episode, Victoria L. Schwartz, Associate Dean for Academic Affairs and Associate Professor of Law at Pepperdine University School of Law, discusses her article "The Celebrity Stock Market," which was published in the UC Davis Law Review. Schwartz observes that many potential celebrities, including entertainers and athletes, lack the capital to invest efficiently in their careers, and that transaction costs prevent efficient private investment. Accordingly, she proposes liberalizing and expanding "human equity" investment. She discusses related proposals in relation to education, and observes that human equity investment in celebrities makes more sense, because of the lack of public investment. She observes that a "celebrity stock market" could facilitate more efficient investment, and that potential problems seem less serious than the existing alternatives. Schwartz is on Twitter at @ProfVSchwartz.

This episode was hosted by Brian L. Frye, 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, Joshua D. Wright, University Professor of Law and Executive Director of the Global Antitrust Institute at George Mason University Antonin Scalia Law School, discusses his article "Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust," which he co-authored with Elyse Dorsey, Jan Rybnicek, and Jonathan Klick, and which will be published in the Arizona State Law Journal. Wright begins by describing the prevailing position on the goals of antitrust policy that developed in the late 1970s, and its focus on the consumer welfare standard as the basis for determining when antitrust intervention is justified. He explains how and why this approach became the dominant approach to antitrust policy, and why he thinks it improved antitrust enforcement. He then describes recent criticisms of the prevailing approach, focusing on those presented by the "hipster antitrust" movement, a collection of antitrust scholars that also refer to themselves as "new Brandeisian" or "New Progressive Antitrust." He describes the different kinds of criticisms they offer, and argues that some are more compelling than others. Wright is on Twitter at @ProfWrightGMU.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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This LP is titled "I Have A Dream: The Rev. Dr. Martin Luther King, Jr. 1929-1968." It consists of 7 speeches delivered at the March on Washington, August 28, 1963, beginning with Martin Luther King, Jr.'s iconic "I Have a Dream" speech. It was published by 20th Century Fox Records in 1968, shortly after King's assassination. The liner notes were written by Nat Hentoff. Here is the tracklist:

A1The Rev. Dr. Martin Luther King, Jr.

A2A. Phillip Randolph

A3Dr. Benjamin E. Mays

B1A. Phillip Randolph

B2John Lewis

B3Whitney M. Young, Jr.

B4Roy Wilkins

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In this episode, Deborah R. Gerhardt, Associate Professor of Law at the University of North Carolina School of Law and Jon McClanahan Lee,

Professor of Practice at the University of Minnesota Law School, discuss their article "Owning Colors," which will be published in the Cardozo Law Review. They begin by explaining that people can own exclusive rights to use particular colors in many different contexts, especially under trademark law. They describe the academic literature on how consumers perceive colors, as well as their own empirical study of consumer protections. Then they describe how the courts and the Trademark Office have conceptualized when trademark can protect colors, focusing on the role of functionality and secondary meaning, as well as their empirical study of color mark registrations. They argue that the Trademark Office registers only a limited number of color marks, and seems to be doing a good job in weeding out weak color marks. Gerhardt is on Twitter at @DebRGerhardt and her scholarship is available on SSRN. Lee's scholarship is also available on SSRN.

This episode was hosted by Brian L. Frye, 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, Miriam Baer, Professor of Law at Brooklyn Law School, discusses her articles "Sorting Out White-Collar Crime," which was published in the Texas Law Review and "Insider Trading's Legality Problem," which was published in the Yale Law Journal Forum. Baer begins by explaining that state criminal law statues typically "sort" crimes into different degrees of severity, but federal criminal law does not, instead relying on sentencing guidelines to modulate punishment. She argues that the lack of sorting in federal criminal law makes it difficult to gather information about the severity of federal crimes and to express social judgments about those crimes, which is especially a problem in relation to white-collar crimes like fraud and insider trading. She argues that federal criminal law should adopt sorting principles similar to those used in state criminal law.

This episode was hosted by Brian L. Frye, 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, Doriane Lambelet Coleman, Professor of Law at Duke Law School, discusses her article "Sex in Sport," which was published in a special issue of Law and Contemporary Problems devoted to the subject of sex in sport. Coleman begins by discussing the differences between sex and gender and why the distinction is relevant in the elite sports space. She goes on to detail the rationale for the women’s category in elite sport, why it’s necessary for eligibility standards to be based in sex-specific biological traits rather than in how a person identifies, and the role testosterone plays in this context. She concludes with some thoughts about alternative policy choices sport could make, including about how events are designed, so that eligibility standards wouldn’t need to be based on sex or gender; and about different approaches to eligibility for education-based (as opposed to elite) sport. Coleman's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, 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, Meredith Rose, Policy Counsel at Public Knowledge, discusses her work on the licensing regime for streaming music over the internet. She begins by explaining how copyright in music works and who owns the different copyright interests in a typical song. She describes how and why licensing music for internet streaming differs from licensing music for broadcast radio. She identifies transaction costs associated with licensing music for internet streaming, and the role of the Copyright Royalty Board in potentially mitigating those costs. And she closes by reflecting on what the next big disputes in music licensing might be. Rose is on Twitter at @M_F_Rose.

This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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