Ipse Dixit

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire School of Law, discusses her article "Trademark Failure to Function," which will appear in the Iowa Law Review. Roberts begins by describing what trademarks are for and when they exist. She notes that a mark must be distinctive and be used as trademark in order to function as a trademark. But the Trademark Office and the courts tend to emphasize distinctiveness and de-emphasize use as a mark. She argues this is a problem, because it does not reflect how consumers actually experience marks, and suggests that distinctiveness and use should be measured together. Roberts is on Twitter at @lexlanham.

Keywords: trademarks, uspto, registration, distinctiveness, use, intellectual property, behavioral realism, marketing, advertising

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In this episode, Miriam Kienle, Assistant Professor of Art History at the University of Kentucky School of Art and Visual Studies, discusses her work on the artist Raymond Edward "Ray" Johnson. Among other things, she describes Johnson's studies at Black Mountain College and relationship with Andy Warhol, as well as his invention of "mail art" or "correspondence art" in the early 1950s. She explains how the mail facilitated both communication and censorship, especially of sexual minorities, and how Johnson used the mail to establish artistic networks in which he circulated his "polysemic" collages, which he referred to as "moticos." She also discusses Johnson's complicated relationship to the art market and his contestation of the concepts of "authorship" and "the work."

Keywords: gender and sexuality, critical theory, new media, curatorial studies, digital humanities

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In this episode, Dwayne Kwaysee Wright, Visiting Assistant Professor of Law at Savannah Law School, discusses his work on race-conscious admissions, and in particular his dissertation "An Instrumental Case Study of the Diversity Culture of a Predominantly White Law School." Wright begins by describing the history and politics of race-conscious admissions. He explains the difference between structural and interactional diversity, and why law schools have a legal obligation to pursue interactional diversity. And he describes his qualitative study of the diversity culture of a particular school, identifying what he learned from conducting that study, and how law schools can improve interactional diversity.

Keywords: education law, First Amendment, equal protection theory

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In this episode, Dustin Marlan, Assistant Professor of Law at the University of Massachusetts School of Law, discusses his draft article "Unmasking the Right of Publicity." Marlan describes the creation of the right of publicity by Judge Frank in Haelan v. Topps (1953), and the confusion that has long surrounded the justification for the right of publicity. He argues that Frank was influenced by the psychoanalytic theories of Freud and Jung, in particular the concept of the "divided self," consisting of a "true" inner self and a "false" outer self. Marlan observes that modern theories of the "intersubjective" self suggest that Frank's model may need to be revisited.

Keywords: right of publicity, psychoanalysis, Judge Jerome Frank, Jung, Freud, intersubjectivity, advertising, new media, social media, legal realism, persona, personality, Haelan Laboratories, self, identity

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In this episode, Ann Schiavone, Assistant Professor of Law at Duquesne University School of Law, discusses her article "K-9 Catch-22: The Impossible Dilemma of Using Police Dogs in Apprehension of Suspects," which will appear in the University of Pittsburg Law Review. Schiavone discusses the history of the use of K-9 units by police forces, particularly in relation to the apprehension of suspects. She describes the standards used by courts in evaluating whether the use of a dog to apprehend a suspect is reasonable, and argues that courts should encourage officers to attempt to de-escalate before using a dog. Schiavone is on Twitter at @AnnSchiavone.

Keywords: Police dogs, use of force, Fourth Amendment, cognitive science, racial bias

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Robert Everett L. "Bob" Looney (December 27, 1924 - September 8, 2000) was an eccentric lawyer from Austin, Texas. He was the son of Everett L. Looney (November 30, 1900 - October 4, 1962), the President of the State Bar of Texas from 1953-54. He was born in Ennis, Texas, and served in the Navy in World War Two. He graduated from the University of Texas and Baylor University School of Law, where he was first in his class. He primarily practiced criminal law, and referred to himself as "The Lone Wolf." One of his best-known clients was David R. Ruiz, a nationally-known "jailhouse lawyer" and advocate for prison reform.

In addition, Looney enjoyed composing and performing songs and poetry, some of which were recorded. This record was released, supposedly in connection with his campaign to become the Governor of Texas, as a candidate of the Democratic Party. The music was composed and performed by Bill Hughes.

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In this episode, Nancy Leong, Professor of Law at the University of Denver Sturm College of Law, discusses her experiences co-authoring law review articles with her students. She discusses two collaborative papers, "Consent Forms and Consent Formalism," which she co-authored with Kira Suyeishi, and "Communication in Cyberspace," which she co-authored with Joanne Morando. Among other things, Leong discusses her collaborative process, tips for how to make collaborating most rewarding for both professors and students, and the reception of co-authored papers by the legal academy. Keeping with the theme, her cats collaborate in the conversation. Leong is on Twitter at @nancyleong.

Keywords: cyberharassment, cyberstalking, cyberbullying, first amendment, communication, cyberspace, internet, media, statutory law, criminal law, criminal procedure, Fourth Amendment, consent, consent forms, search, seizure, voluntariness, coercion

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