Ipse Dixit

By CC0/Public DomainSociety & Culture Philosophy

Ipse Dixit episodes

April 10, 2019 Duncan Hollis on Diplomatic Speech in Cyberspace
In this episode, Duncan Hollis, Professor of Law at Temple University Beasley School of Law, non-resident scholar at the Carnegie Endowment for International Peace, and member of the Organization of American States Inter-American Juridical Committee, discusses his forthcoming article "Beyond Naming and Shaming: Accusations and International Law in Cybersecurity," co-authored with Martha Finnemore, University Professor of Political Science and International Affairs at George Washington University. Hollis begins by stating the limitations of the concept of naming and shaming on international activities in cyberspace, and advocates for the concept of accusations in the international law and international relations literature. He explains the concept of accusations in context to state and non-state cyberactivities, bringing in historical examples from North Korean hacking activities, the non-proliferation effort of American actors on Iranian nuclear enrichment facilities in Operation Olympic Games, and the Chinese hacking of the Office for Personnel Management. He offers explanations for state and non-state use of international law and international norms to incentivize and disincentivize activities in cyberspace. He concludes by providing his insights and recommendations for scholars, states, and non-state actors in the international cyber environment. Hollis is on Twitter at @DuncanHollis.
This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.
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48 min
April 10, 2019 Joshua Fershee on the End of Director Primacy
In this episode, Joshua Fershee, Professor of Law at the West Virginia University College of Law and Head of the Economic and Community Development Group in the West Virginia University Center for Innovation in Gas Research and Utilization, discusses his article "The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy," which was published in Transactions: The Tennessee Journal of Business Law. Fershee begins by observing the expansion of social enterprise enabling statutes and the decline of director primacy under law. He explains that these create perverse incentives to prioritize short-term financial gains for stockholders as the only function of the for-profit corporate form, rather than allow corporate directors to make the best long-term decisions from a variety of factors. He also reflects that these incentives would lead to unsustainable business practices and distort the normal market performance of corporations. He concludes by providing his insights and recommendations to address this concerning trend. Fershee is on Twitter at @jfershee.
This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce.
Hosted on Acast. See acast.com/privacy for more information.
33 min
April 10, 2019 The Day Antitrust Died?: Episode 2, Daniel Crane
On March 2, 1974, a group of antitrust scholars met at the Airlie House in Warrenton, Virginia, and changed the consensus position on United States antitrust policy. "The Day Antitrust Died?" is a special feature of the Ipse Dixit podcast, hosted by Ramsi Woodcock and Brian L. Frye, examining that historical moment. In this episode, we interview Daniel Crane, Frederick Paul Furth Sr. Professor of Law at the University of Michigan Law School. Crane reflects on the impact of the Airlie House conference and how it affects current discussions of antitrust policy.
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46 min
April 07, 2019 Ryan Mosley on Social Security Hearings
In this interview, Ryan Mosley, an associate at Pillersdorf, DeRossett & Lane, provides an introduction to Social Security administrative hearings. He begins by describing the different kinds of relief available from the the Social Security Administration and what qualifications are required for each. Then he describes the process of a Social Security hearing, what an applicant will have to prove in order to obtain relief, and how applicant can maximize their odds of success. He describes the role of the different participants in the hearing including the advocate, the administrative law judge, and the vocational expert. And he explains how the "GRID" rules affect the outcome of a Social Security hearing.
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35 min
April 04, 2019 Betsy Rosenblatt on Fair Use as Resistance
In this episode, Elizabeth L. Rosenblatt, Visiting Professor of Law at UC Davis School of Law, discusses her article "Fair Use as Resistance," which was published in the UC Irvine Law Review. Rosenblatt begins by describing the relationship between copyright and fair use, and how copyright creates a hierarchy of producer/deriver/user. Then she explains how literary theory upends that hierarchy, by describing producers, derivers, and users as all part of a continuum, in which each becomes the other. She then introduces Bakhtin's perspective on dialogic speech, and how it informs that relationship. In particular, she focuses on his concept of the "carnivalesque," in which hierarchies are temporarily overturned, but their authority is affirmed, by their own control of the way in which they are overturned. She compares the carnivalesque to fair use, which permits disruption of copyright rules, but contains that disruption by defining what is permitted and what is not. Rosenblatt is on Twitter at @221Betsy.
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51 min
April 04, 2019Greg Shill on Legal Subsidies to Cars
In this episode, Gregory Shill, Associate Professor of Law at the University of Iowa College of Law, discusses his article "Should Law Subsidize Driving?," which will be published by the NYU Law Review. Shill begins by describing the terrible toll that automobiles inflict on America every year: 93,000 deaths (40,000 in crashes and another 53,000 killed prematurely by vehicle emissions), millions of serious injuries, and many hundreds of billions of dollars of damages due to lost lives alone. Then he explains how automobiles are subsidized not only by intentional public policy, but also by legal rules that prioritize and indemnify driving, while discouraging and stigmatizing other forms of transportation. He argues that this reflects policy choices that we can and must reverse, and discusses effective approaches to reform adopted by other countries, which have dramatically reduced driving and the terrible costs it imposes. Shill is on Twitter at @greg_shill.
Shill recommends the following resources for those interested in learning more about reform:
Angie Schmitt, How Driving Is Encouraged and Subsidized—by Law, StreetsBlog, Mar. 6, 2019
The Vision Zero Street Design Standard
Centers for Disease Control, Motor Vehicle Crash Deaths: How Is the US Doing? (2016)
Peter Norton, Fighting Traffic: The Dawn of the Motor Age in the American City (2011)
Joseph Stromberg, The Forgotten History of How Automakers Invented the Crime of “Jaywalking” (discussing Norton’s book).
Fabio Caiazzo et al, Air Pollution and Early Deaths in the United States. Part I: Quantifying the Impact of Major Sectors in 2005, 79 Atmospheric Environment 198 (2013)(discussing 53,000 deaths from road transportation emissions)
John D. Kraemer & Connor S. Benton, Disparities in Road Crash Mortality among Pedestrians Using Wheelchairs in the USA: Results of a Capture–Recapture Analysis, British Medical Journal Open
Kelcie Ralph et al., Editorial Patterns in Bicyclist and Pedestrian Crash Reporting (2018) (working paper)
Michael Lewyn, The Criminalization of Walking, Illinois Law Review (2017)
Danielle Davis, How the NYPD, the DOT, and the Justice System Have Failed My Sister: Part One (2017) (telling the story of Lauren Davis’s death at the hands of a motorist in Brooklyn, and the cruelty her family experienced at the hands of law enforcement and the city)
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55 min
April 03, 2019 From the Archives 77: Marshall McLuhan, The Medium is the Massage (1967)
Herbert Marshall McLuhan (1911-1980) was a Canadian philosopher and media theorist. After graduating from the University of Manitoba and Cambridge, he taught at several different schools, before landing at the University of Toronto. He became internationally known when he published his book Understanding Media: The Extensions of Man (1964), and coined the catchphrase, "The Medium is the Message." According to McLuhan, we should study media itself, rather than the content of media. His subsequent book The Medium Is the Massage: An Inventory of Effects (1967) was a play on that catchphrase, and explored the effects of media on human experience.
Later in 1967, he recorded an LP version of The Medium is the Massage, which was published by Columbia Records. The script was written by McLuhan, Quentin Fiore, and Jerome Agel, and was produced by John Simon. It features McLuhan speaking, and being "interrupted" by other speakers and sounds.
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2 min
April 02, 2019 Sarah Burstein on the Ontology of the Patented Design
In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her article, "The Patented Design," which was published in the Tennessee Law Review. Burstein begins by explaining what "design" is and how it relates to design patents. She describes the elements of a design patent, how they work, and the competing arguments about what they should cover. She surveys the history of design patent doctrine, looking for clues about how courts and the patent office have construed the subject matter and scope of design patents. And she argues that the patented design should be understood as a design as applied to a particular product category. She closes by explaining why this matters to the Curver Luxembourg v. Home Expressions case, in which the Federal Circuit will soon hear oral argument. Burstein is on Twitter at @design_law and blogs about design law on Tumblr at Design Law.
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37 min
March 30, 2019 Jeff Kosseff on Section 230
In this episode, Jeff Kosseff, Assistant Professor of Cybersecurity Law at the United States Naval Academy, discusses his new book, "The Twenty-Six Words That Created the Internet," which is published by Cornell University Press. Kosseff begins by describing the origin of Section 230 of the Communications Decency Act, which exempts internet service provides from liability for third-party content. He explains how Section 230 facilitated the development of the internet as we know it today, including social media. But he also recognizes the harms it has facilitated, including the terrible costs it has imposed on some people. He closes by reflecting on how the implementation and interpretation of Section 230 could be improved. Kosseff is on Twitter at @jkosseff.
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43 min
March 27, 2019Claudy Op Den Kamp on the History of Intellectual Property in 50 Objects
In this episode, Dr. Claudy Op Den Kamp, Senior Lecturer in Film and faculty member at the Centre for Intellectual Property Policy and Management at Bournemouth University, discusses the book "A History of Intellectual Property in 50 Objects," which she edited with Dan Hunter of Swinburne Law School, and which will be published by Cambridge University Press. The book consists of 50 essays by a wide range of different scholars, from many different backgrounds and countries. Op Den Kamp begins by describing the origin of the book and how they selected the particular objects to include. She reflects on some particular objects that they chose and why. She also discusses the process of selecting contributors, and some of the many surprising observations some of those contributors made. Op Den Kamp is on Twitter at @claudyday.

Several of the essays in the book are available online:
Jessica M. Silbey, Xerography and the Photocopy Machine
Michael J. Madison, The Football as Intellectual Property Object
Jane C. Ginsburg, The 1593 Antonio Tempesta Map of Rome
Kara W. Swanson, The Corset
Adam Mossoff, The Telegraph
Brian L. Frye, The Zapruder Film
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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.