Ipse Dixit

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In this episode, Jill Wieber Lens, Associate Professor of Law at the University of Arkansas Fayetteville, discusses her article "Tort Law's Devaluation of Stillbirth." Lens describes the death of her son Caleb in stillbirth and the pain caused by her loss. She explains that stillbirth is far more common than people realize, and that many stillbirths are preventable and tortious. However, the tort law of many states devalues and fails to adequately compensate people whose children die in stillbirth for their loss. Lens also explains why recognizing stillbirth as the death of a child does not present a threat to abortion rights. Lens is on Twitter at @jillwieberlens.

Keywords: stillbirth, wrongful death, tort law, negligence, feminist legal theory, pregnancy loss, abortion, gender

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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 script for Gibbons v. Ogden (1824) was written by Steve Duke, who is currently a professor of law at Yale Law School.

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In this episode, Carissa Byrne Hessick, Ransdell Distinguished Professor of Law and Director of the Prosecutors and Politics Project at the University of North Carolina School of Law, discusses her article "The Myth of Common Law Crimes," which will appear in the Virginia Law Review. Hessick argues that there are two myths about "common law crimes" - first, that they no longer exist, and second, that they are inferior to codification. She points out that our criminal justice system is rife with literal and de facto common law crimes. Not only do many states still recognize common law crimes or incorporate them into their criminal codes, but also broadly drafted and interpreted criminal codes effectively give police and prosecutors much of the discretion that judges had to define common law crimes. Hessick points out that the supposed benefits of codification have never materialized, and that our criminal justice system has actually gotten worse since the putative abandonment of common law crimes, not better. Hessick is on Twitter at @CBHessick.

Keywords: criminal law, conventional wisdom, separation of powers, due process, democratic accountability

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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 script for McCulloch v. Maryland (1819) was written by Harry Subin, who became a professor at NYU School of Law.

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In this episode, Orin Kerr, Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law, discusses his article, "Implementing Carpenter," which is part of his forthcoming book The Digital Fourth Amendment. Kerr describes what happened in the paradigm-shifting Supreme Court case Carpenter v. United States (2018), and why it was such a departure from prior Fourth Amendment jurisprudence. He observes that there is considerable uncertainty about how Carpenter will apply in future cases, and discusses three potential approaches: subjective, mosaic, and source. He explains why the source approach is the only one that is workable, and reflects on where the Supreme Court's Fourth Amendment jurisprudence will go in the future. Kerr is on Twitter at @OrinKerr and blogs at The Volokh Conspiracy, among other places.

Keywords: Fourth Amendment, CSLI, Cell-Site, Carpenter, Surveillance

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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 script for Dartmouth College v. Woodward (1819) was written by B.A. Phillips.

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In this episode, Christopher R. Terry, Assistant Professor of Media Law and Ethics at the University of Minnesota Hubbard School of Journalism and Mass Communication, discusses his article "Localism as a Solution to Market Failure: Helping the FCC Comply with the Telecommunications Act," which will appear in the Federal Communication Law Journal. Terry discusses the history of telecommunications regulation, and how the FCC's priorities have changed over time. He explains why the FCC's focus on competition is a mistake. And he argues that focusing on localism would produce better results, and enable the FCC to do its job. Terry is on Twitter at @ChristopherTerr.

Keywords: Telecommunications, Regulation, Economics

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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 script for Marbury v. Madison (1801) was written by Allan Blackman.

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In the late 60s and early 70s Scholastic Magazines Inc.'s Enrichment Materials Inc. label released the "American Document" series of records, which dramatized historical documents for educational purposes. Record No. 18 presented the Supreme Court cases Plessy v. Ferguson (1896) and Brown v. Board of Education (1954). The records were produced by Martha Huddleston, directed by Bob Bell, and scripted by Elise Bell. The records included a study guide with additional information and suggested questions.

Side B is titled "Integrated Education: U.S. Supreme Court, Brown v. Bd. of Educ. of Topeka, 1954." It features narration by Peter A. Douglas, Roy Heatherton as Chief Justice Warren, songs performed by Lorenz Graham and others, and sound effects by Ralph Curtiss.

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