Ipse Dixit

By CC0/Public DomainSociety & Culture Philosophy

Ipse Dixit episodes

May 03, 2019 From the Archives 80: Donald L. Jackson, Will the Real Lyndon Johnson Please Stand Up? (~1964)
In about 1964, Donald Lester Jackson (1910-81) recorded an LP titled "Will the Real Lyndon Johnson Please Stand Up?" for Key Records. Jackson was a former member of the United States House of Representative from California, who was first elected in 1946. Jackson was a member of the House Un-American Activities Committee, appointed to replace Richard Nixon, when he was elected to the Senate. Among other things, Jackson accused Methodist Bishop G. Bromley Oxnam of being a communist. Jackson declined to run for re-election in 1960, ostensibly to protest the policies of then-Senate Majority Leader Lyndon Baines Johnson and the Democratic party. He worked as a radio and television commentator from 1960 to 1968, and in 1969, President Nixon appointed him to the Interstate Commerce Commission.
Key Records was a Los Angeles, California based record label, owned by Vick Knight, and loosely associated with the John Birch Society. Knight founded the label in about 1955, and initially released kitschy music with a light political theme. But it soon shifted to spoken-word records on political themes, typically anti-communist, anti-drug, anti-tax, and anti-civil rights. Among other things, Key released LPs of key right-wing political figures like Robert Welch, the founder of the John Birch Society, and Ronald Reagan.
Jackson's LP reflected the typical Key Records message, with a particular focus on LBJ as the embodiment of all that ailed America. The record was endorsed by the actor Randolph Scott, best known for his rugged persona in many popular Westerns.
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45 min
May 03, 2019 Whitney Strub on the Philology of Pornography
In this episode, Whitney Strub, Associate Professor of History and Director of Women's and Gender Studies at Rutgers University Newark, discusses his article "Sanitizing the Seventies: Pornography, Home Video, and the Editing of Sexual Memory," which was published in Feminist Media Histories. Strub begins by describing the media ecology of pornography during the 1970s and 80s, and how media migration and changes in distribution enabled the Bowdlerization of pornographic movies. He identifies some of the kinds of sexual practices that were erased, and the social pressures that caused their erasure. And he explains how that erasure obscures our understanding of sexual practices and desires. Strub's scholarship is available here.
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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38 min
May 02, 2019 Camilla Hrdy on Trade Secrets and Their Discontents
In this episode, Camilla Hrdy, Associate Professor of Law at the University of Akron School of Law, discusses her article "The General Knowledge, Skill, and Experience Paradox," which will be published in the Boston College Law Review. Hrdy begins by explaining what a trade secret is and when trade secrets are protected and can be enforced. Then she discusses exceptions to trade secret protection, especially the "general knowledge, skill, and experience" exception. She explains how it differs from the "generally known" exclusion, and why it is important to understand those differences. And she reflects on how the exception can help us better understand the purpose and structure of trade secret law. Hrdy is on Twitter at @CamillaHrdy.
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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51 min
May 01, 2019 Josh Bolick on One Weird Trick You Can Use to Avoid Publication Embargoes
In this episode, Josh Bolick, Scholarly Communication Librarian in the University of Kansas Shulenburger Office of Scholarly Communication & Copyright, discusses his article "Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargo," which was published in the Journal of Copyright in Education and Librarianship. Bolick begins by explaining how academic publishing works in most academic disciplines, other than law. In a nutshell, scholars do all the work and academic publishers make all the money, while also locking up scholarship from public access. Among other things, academic publishers put long embargoes on the distribution of the articles they publish. Bolick observes that one major academic published, Elsevier, recently adopted a Creative Common license requirement for its authors, and argues that the license actually enables authors to avoid the embargo. He closes by reflecting on how open access publishing is likely to develop in the future of academic publishing. Bolick is on Twitter at @JoshBolick.
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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44 min
May 01, 2019 Camden Hutchison on the History of Canadian Corporate Law
In this episode, Camden Hutchison, Assistant Professor of Law at the University of British Columbia Peter A. Allard School of Law, discusses his articles "Corporate Law Federalism in Historical Context: Comparing Canada and the United States," which will be published in the McGill Law Journal, and "The Patriation of Canadian Corporate Law," which will be published in the University of Toronto Law Journal. Hutchison begins by describing the similarities and differences between United States and Canadian corporate law. He then describes how both bodies of law reached a similar place via very different paths, focusing on how Canadian corporate law developed in relation to different incentives than United States law. He also discusses his empirical study of the influence of foreign courts on Canadian judicial decisions, including the surprising finding that United States law has had relatively little influence, even though modern Canadian corporations law is based primarily on United States law. Hutchison is on Twitter at @CamdenHutchison.
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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45 min
April 30, 2019 Stephen Sachs on Finding Law
In this episode, Stephen E. Sachs, Professor of Law at Duke University School of Law, discusses his article "Finding Law," which was just published in the California Law Review. Sachs begins by explaining the conceptual difference between "making" and "finding" law, and why his argument that it is possible for judges to find law is controversial. He describes the legal realist argument that judges only make law, and how it found early expression in the Erie v. Tompkins case. He observes that we "find" norms all of the time, and argues that judges can and do "find" law in just the same way. And he explains how iconic examples to the contrary, including Erie, actually require law-finding as well. Sachs is on Twitter at @StephenESachs.
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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37 min
April 29, 2019 Orly Lobel on Mattel v. MGA and Innovation Policy
In this episode, Orly Lobel, Don Weckstein Professor of Labor and Employment Law at the University of San Diego School of Law, discusses her book "You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side," which is published by W.W. Norton & Company. Lobel begins by explaining the background of Mattel v. MGA, which pitted the maker of the iconic Barbie doll against the maker of the upstart Bratz dolls. She describes how the enigmatic Mattel designer Carter Bryant came up with the Bratz concept and took it to MGA, which turned it into a blockbuster success, the first series of dolls to challenge Barbie's market dominance. She discusses on how Mattel tried to use contract and copyright law to wrest Bratz away from MGA, and the epic legal battle that follows. And she reflects on how the case should inform our understanding of innovation and competition policy. Lobel is on Twitter at @OrlyLobel.
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40 min
April 29, 2019 David Simon on Moral Rights Analogies
In this episode, David A. Simon, Project Researcher at the Hanken School of Economics and Visiting Assistant Professor at the University of Kansas School of Law, discusses his article "Analogies in IP: Moral Rights," which will be published in the Yale Journal of Law and Technology. Simon begins by explaining what "moral rights" are in copyright law, and how they differ from the traditional economic justifications for copyright protection. He then explains the different ways in which we use analogical reasoning in the law, primarily for the purpose of prediction and illustration. He identifies the analogies commonly used to illustrate moral rights and asks whether they are helpful or misleading. And he argues that moral rights analogies are used primarily for rhetorical purposes, rather than explanation. Simon is on Twitter at @David_Simon.
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37 min
April 24, 2019 Amy Werbel on Anthony Comstock and Obscenity Law
In this episode, Amy Werbel, Associate Professor of Art History at the Fashion Institute of Technology, discusses her recent book "Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock," which is published by Columbia University Press. Werbel begins by explaining who Anthony Comstock was and why he played such an important role in creating and enforcing obscenity law in the Gilded Age United States. She describes how social and technological change prompted demands for more and stronger obscenity laws, which Comstock came to exemplify. And she discusses how his rigid enforcement of his highly personal and idiosyncratic standards for obscenity soon brought him out of step with both his patrons and a changing society. Werbel is on Twitter at @awerbel.
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39 min
April 22, 2019 Shoshana Weissmann on Occupational Licensing
In this episode, Shoshana Weissmann, Digital Media Manager and Fellow at the R Street Institute, discusses her work on occupational licensing reform. She explains what occupational licensing is, when it is legitimate, and when it isn't. She observes that occupational licensing often prevents people from engaging in productive economic activity for no good reason. She discusses different areas in which occupational licensing has made it harder for people to legitimate and valuable services. And she reflects on efforts to reform occupational licensing. Weissmann is on Twitter at @senatorshoshana.
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36 min

About Ipse Dixit

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Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series.