Ipse Dixit

By CC0/Public DomainSociety & Culture Philosophy

Ipse Dixit episodes

January 15, 2019 Derek Miller on the History of the Performance Right
In this episode, Derek Miller, John L. Loeb Associate Professor of the Humanities at Harvard University, discusses his new book, "Copyright and the Value of Performance, 1770-1911," which is published by Cambridge University Press. Miller provides a comprehensive history of the origins and development of the concept of copyright in performance. Among other things, he explains the dialectical relationship between the social and economic "value" of performance in historical context, and how the law reified performance, transforming it from propriety into property. He describes the social entrepreneurs who pioneered the concept of owning performance, and the legal disputes in which courts defined the ontology of drama. And he reflects on how the tension between social and economic value persists in the contemporary concept of the performance right. Miller is on Twitter at @DerekKMiller.
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40 min
January 14, 2019 From the Archives 38: Supreme Court Cases, Powell v. Alabama (1961)
In 1960, Professor Fred Rodell of Yale Law School, "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases. The scripts were directed by David Allen, performed by David Allen, Paul Sparer, and Jack Curtis, and released on LP by Educational Audio Visual, Inc. According to the record sleeve:
The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.
The script for Powell v. Alabama (1932) was written by Paul N. Klotz.
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9 min
January 13, 2019 Wesley Hottot on Timbs v. Indiana & the Excessive Fines Clause
In this episode, Wesley Hottot, a Senior Attorney at the Institute for Justice, discusses the pending Supreme Court case Timbs v. Indiana, in which he represented the petitioner, Tyson Timbs. Hottot describes the background of the case and explains the constitutional issue at stake: Whether the Eighth Amendment's Excessive Fines Clause is incorporated against the states. He discusses the process of briefing the case and preparing for the oral argument, and reflects on the experience of arguing before the court. More information about Tyson Timbs and his case against Indiana is available on the Institute for Justice website here. Hottot is on Twitter at @thehottot.
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51 min
January 13, 2019 From the Archives 37: Supreme Court Cases, Farmers' Loan and Trust Company v. Pollock (1961)
In 1960, Professor Fred Rodell of Yale Law School, "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases. The scripts were directed by David Allen, performed by David Allen, Paul Sparer, and Jack Curtis, and released on LP by Educational Audio Visual, Inc. According to the record sleeve:
The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.
The script for Farmers' Loan and Trust Company v. Pollock (1895) was written by Bruce Hart, who became an author and composer, and is best-known as a lyricist for Sesame Street.
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8 min
January 12, 2019 Anthony Kreis on the History of the Law of Sexuality & Gender
In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at the Chicago-Kent College of Law discusses his new article, "Anxious Masculinity: American Homophobia and the Third Sex." Kreis describes the "confusion" at the heart of the law of sexuality, and ties it to the history of the concept of gender. He describes the evolution of the policing of gender norms through American history, and the emergence of the concept of the "third sex" to describe LGBTQ identities. He explains how this concept shaped the modern law of sexuality, and how that law can and should be reformed to reflect its history. Kreis's scholarship is available on SSRN. He is on Twitter at @AnthonyMKreis.
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44 min
January 12, 2019 From the Archives 36: Supreme Court Cases, Munn v. Illinois (1961)
In 1960, Professor Fred Rodell of Yale Law School, "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases. The scripts were directed by David Allen, performed by David Allen, Paul Sparer, and Jack Curtis, and released on LP by Educational Audio Visual, Inc. According to the record sleeve:
The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.
The script for Munn v. Illinois (The Granger Cases) (1877) was written by Marshall S. Blonsky, who is currently a professor at the New School University.
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9 min
January 11, 2019David Ziff on Learning to Love the Bluebook
In this episode, David J.S. Ziff, Director of the Legal Writing Program and Senior Law Lecturer at the University of Washington School of Law, discusses his article "Book Review of The Bluebook: A Uniform System of Citation—The Worst System of Citation Except for All the Others," which was published in the Journal of Legal Education. Ziff provides a brief history of the Bluebook, the ubiquitous guide to legal citation that everyone loves to hate, and explains why efforts to replace it have all failed. Among other things, he observes that the complexity of the Bluebook may be its greatest strength, and reflects on how it can and should change in the future. Ziff is on Twitter at @djsziff. He provided the following citation to helpful sources!
Richard A. Posner, The Bluebook Blues (reviewing Harvard Law Review Association, The Bluebook: A Uniform System of Citation (19th ed., 2010))
Fred R. Shapiro & Julie Graves Krishnaswami, The Secret History of the Bluebook
The Indigo Book
David Ziff, Six Suggestions for Improving the Bluebook
Alexa Z. Chew, Citation Literacy

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44 min
January 11, 2019 John Culhane on Reconciling Freedom of Expression & Anti-Discrimination
In this episode, John Culhane, Professor of Law and Co-Director of the Family Health Law & Policy Institute at Widener University Delaware Law School, discusses his article "The Right to Say, But Not to Do: Balancing First Amendment Freedom of Expression with the Anti-Discrimination Imperative," which was published in the Widener Law Review. Culhane reflects on the inherent tension between the values of freedom of expression and anti-discrimination, which the Supreme Court recently tried and failed to reconcile in Masterpiece Cakeshop v. Colorado Civil Rights
Commission. He observes that existing proposals to balance those competing values are impractical and unworkable, and suggests that the answer may be more speech, not less. Culhane is on Twitter at @johnculhane.
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37 min
January 11, 2019 From the Archives 35: Supreme Court Cases, Dred Scott v. Sandford (1961)
In 1960, Professor Fred Rodell of Yale Law School, "bad boy of American legal academia," asked his students to write scripts describing important Supreme Court cases. The scripts were directed by David Allen, performed by David Allen, Paul Sparer, and Jack Curtis, and released on LP by Educational Audio Visual, Inc. According to the record sleeve:
The arguments of the lawyers in each of these cases are paraphrased from the language used in the original briefs of the contending parties. However, in all cases when the Court speaks, we have quoted the exact language of the judge delivering the opinion, taken from the official report of the case. The opinion, of course, has been condensed and necessary connective words or phrases have been added. The script for each cases was prepared by Yale Law School students in Professor Fred Rodell's Course in Law and Public Opinion.
The script for Dred Scott v. Sandford (1857) was written by A.B. Glickman, who became a civic leader in Cleveland, Ohio, and an adjunct professor at Case Western Reserve University School of Law.
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13 min
January 11, 2019 Amanda Levendowski on Copyright & AI's Implicit Bias Problem
In this episode, Amanda Levendowski, a Clinical Teaching Fellow with the Technology Law & Policy Clinic at NYU Law, discusses her article "How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem," which was published in the Washington Law Review. Levendowski explains that "artificial intelligence" algorithms use "machine learning" to create heuristics for solving problems, but need large data sets in order to work. Unfortunately, many widely available and heavily used datasets have pernicious biases built into them. Copyright can discourage companies from using alternative data sets that would reduce those biases. But Levendowski argues that some copyright doctrine, especially fair use, might reduce the "friction" created by copyright and help companies create better AI. You can read more about Levendowski's work in these articles. Levendowski is on Twitter at @levendowski.
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35 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.