Ipse Dixit

By CC0/Public DomainSociety & Culture Philosophy

Ipse Dixit episodes

March 27, 2019 Ilan Wurman on Originalism
In this episode, Ilan Wurman, Visiting Assistant Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, discusses his book "A Debt Against the Living: An Introduction to Originalism," which is published by Cambridge University Press. Wurman begins by describing the premises of originalism, the constitutional theory holding that the Constitution should be understood in relation to its original public meaning. He explains how originalism works and how it differs from other theories of constitutional interpretation. He reflects on how the debate between Jefferson and Madison illuminates two competing theories of constitutional legitimacy. And he argues that originalism is consistent with the antisegregation principle of Brown v. Board of Education. Wurman is on Twitter at @ilan_wurman and his scholarship is available on SSRN.
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47 min
March 26, 2019 Molly Brady on Property and Projection
In this episode, Maureen E. Brady, Associate Professor of Law at the University of Virginia School of Law, discusses her article "Property and Projection," which will be published in the Harvard Law Review. Brady notes the increasingly popular practice of projecting unflattering images and information onto physical property, and observes that property owners have had little success with claims against the offenders, because courts have found no physical trespass and only "trivial" economic harm. She argues that property doctrine can and should recognize harms caused by light projections, and explains why property law should be more sensitive to "appropriation" harms. She also discusses potential tensions with the First Amendment, and how we should think about the justification of property law more broadly. Brady is on Twitter at @mollyxbrady.
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33 min
March 22, 2019 From the Archives 76: Gandhi, Man on Trial (1972)
Mohandas Karamchand Gandhi (1869-1948) was an Indian activist who led the Indian independence movement against British colonial rule. He became known for his advocacy of nonviolent civil disobedience to achieve political goals, and inspired civil rights movements around the world. In 1948, Gandhi was assassinated by Nathuram Godse, a Hindu nationalist, who fired three bullets into Gandhi's chest.
This LP was published in 1972 by CMS Records, Inc., by arrangement with BBC Radio Enterprises. It was compiled from recordings of Gandhi and other political figures, and was written and narrated by Francis Watson.
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55 min
March 22, 2019 Rachel Moran on Police Privacy
In this episode, Rachel Moran, Assistant Professor of Law at the University of St. Thomas School of Law, discusses her article "Police Privacy," which will be published in the UC Irvine Law Review. Moran observes that in many states, including California and New York, records of police misconduct are not subject to records requests, or access is very limited. Access to these records is essential to identifying problem officers and bringing civil rights actions, but police unions have successfully argues that access would violate the privacy rights of police officers. Moran asks whether and when records requests implicate legitimate privacy interests, and concludes that most records should be released. Moran is on Twitter at @rachelmoran82.
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33 min
March 22, 2019 From the Archives 75: Adlai Stevenson, The Stevenson Wit (1965)
Adlai Ewing Stevenson II (1900-1965) was an American lawyer, politician, and diplomat. Stevenson graduated from Northwestern University School of Law in 1926, practiced law at Cutting, Moore & Sidley in Chicago, and then got into politics during the Roosevelt administration. He was elected Governor of Illinois, serving from 1949 to 1953, and received the Democratic Party's nomination for president in the 1952 and 1956 elections, but was roundly defeated by Dwight Eisenhower. In 1960, Stevenson lost the Democratic nomination to Senator John F. Kennedy of Massachusetts. After the election, President Kennedy appointed Stevenson the United States Ambassador to the United Nations, a position in which he served until his death from heart failure in 1965.
Shortly after Stevenson's death RCA Victor published this LP, titled "The Stevenson Wit: Selections from Famous Speeches, Press Conferences and Off-the-Cuff Remarks." It was edited by Bill Adler and narrated by David Brinkley.
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55 min
March 22, 2019 James Stern on the Myth of Nonrivalry
In this episode, James Y. Stern, Associate Professor of Law at William & Mary Law School, discusses his article "Intellectual Property & the Myth of Nonrivalry." Stern begins by describing the conventional economic theory of property and public goods, and how it structures the prevailing view of intellectual property among legal scholars in the United States. Specifically most scholars assume that property conventionally allocates scarce or rival resources, but because information is non-rival, allocation is unnecessary, and the only legitimate goal is providing an incentive for production. He argues that information actually is rival, because different people have different preferences for how it is used. Accordingly, public goods economics cannot provide an empirical justification for intellectual property, which is fundamentally an expression of normative values. Stern is on Twitter at @JamesYStern. His scholarship is available on SSRN.
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39 min
March 21, 2019 Josh Blackman on Cooper v. Aaron and Judicial Universality
In this episode, Josh Blackman, Associate Professor of Law at the South Texas College of Law Houston, discusses his article "The Irrepressible Myths of Cooper v. Aaron," which will be published in the Georgetown Law Journal. Blackman begins by explaining what happened in the Supreme Court case Cooper v. Aaron and describing the historical context in which the case was decided, as the Supreme Court tried to enforce its decisions in Brown v. Board of Education against massive Southern resistance. He observes that the Court relied on concepts of both judicial supremacy and judicial universality, and asks how effectively it marshaled each premise. He traces the evolution of the opinion through the papers of the justices, and how the Court reached its ultimate conclusion. And he argues that Cooper v. Aaron and its aftermath emphasizes that the Supreme Court is still a court, and that its decisions must still be implemented by the executive branch. Blackman is on Twitter at @JoshMBlackman.
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35 min
March 21, 2019 From the Archives 74: The FBI in Peace and War, The Traveling Man (1953)
On June 10, 1953, The Mutual radio network broadcast and episode of The FBI in Peace and War titled "The Traveling Man." The story revolves around a callow mob soldier and his young wife. The soldier betrays his boss, steals a car, and flees with his wife. His bosses goons catch him, but the FBI is on the case.
In 1972, the Radiola Company of Croton-on-Hudson, NY re-released the program as the B-side of an LP.
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30 min
March 21, 2019 Paul Gowder on Constitutional Theory and African-American Political Thought
In this episode, Paul Gowder, Professor of Law at the University of Iowa College of Law, discusses his article "Reconstituting We the People: Frederick Douglass and Jurgen Habermas in Conversation," which will be published in the Northwestern University Law Review. Gowder begins by describing conventional constitutional theory and explaining why internal contradictions make its theory of legitimacy unworkable. Then he describes an assortment of constitutional theories he characterizes as "constitutional conception," explaining how they solve the problems with the conventional theory, but are themselves vulnerable to other objections. Specifically, a constitution is illegitimate when it excludes people from participating in its development. Gowder observes that African-Americans have historically been excluded from constitutional development in the United States, and observes how African-American political thinkers, including Frederick Douglass have conceptualized and utilized that exclusion, in a theoretical move he calls, "cynical faith." Gowder is on Twitter at @PaulGowder.
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41 min
March 20, 2019 Benjamin Edwards on Improving the Market for Professional Services
In this episode, Benjamin Edwards, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, discusses his article "The Professional Prospectus: A Call for Effective Professional Disclosure," which was published in the Washington & Lee Law Review. Edwards explains how information asymmetry makes it hard for consumers to evaluate the quality of professional services, and often causes them to receive substandard service. While professional regulation can help weed out the very lowest quality providers, its effectiveness is limited and often compromised by self-interest. Edwards argues that professions should require affirmative disclosure of relevant information to consumers in advance in the form of a "professional prospectus," in order to improve the market for professional services. Edwards is on Twitter at @BenPEdwards.
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42 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.