Ipse Dixit

In this episode, Michael J. Madison, Professor of Law at the University of Pittsburgh College of Law, discusses his papers "The End of the Work as We Know It" and "Creativity and Craft," which respectively address the fundamental copyright concepts of the "work" and creativity." Among other things, Madison observes that we do not have a coherent doctrinal definition of either concept, and that incoherence often leads courts to lose sight of the purpose of copyright protection. Madison blogs at Madisonian and tweets at @profmadison.

Keywords: intellectual property, intanible property, tangible property, copyright, originality, craft, Work of Authorship, Boundaries, Boundary Objects

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This recording is a condensation of Justice William O. Douglas's book "The Bible and the Schools," in which Douglas described and explained the United States Supreme Court opinions addressing prayer, Bible reading, and religion in public schools. He was supposed to have delivered this lecture for the Phi Beta Kappa Associates in New York City on November 22, 1963, the day President John F. Kennedy was assassinated. The lecture was cancelled, and Douglas released the talk as an LP instead.

Keywords: Religious law, faith, establishment clause

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In this episode, Erin Sheley, Associate Professor of Law at the University of Oklahoma College of Law, discusses her article "A Broken Windows Theory of Sexual Assault Enforcement." Among other things, Sheley explains the "broken windows" theory of criminal law enforcement, and why it may be a uniquely appropriate tool for reducing sexual assault. In particular, she focuses on the need to address the culture of sexual violence that normalizes assault, and how more aggressively policing street harassment could help change those social norms. She also discusses the potential application of a similar approach to corporate cultures that encourage sexual violence, as addressed in her forthcoming paper "Tort Answers to the Problem of Corporate Criminal Mens Rea." Sheley is on Twitter at @erin_sheley.

Keywords: sexual assault, rape, gender, harassment, criminal law

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In this episode, Thea Johnson, Associate Professor of Law at the University of Maine School of Law, discusses her excellent article "Fictional Pleas," which will appear in the Indiana Law Journal. Johnson defines a "fictional plea" as when a criminal defendant agrees to plead guilty to a crime that never actually happened. Among other things, she explains why a defendant would agree to a fictional plea, and what they tell us about criminal punishment and the criminal justice system.

Keywords: Criminal Procedure, Criminal Law, Plea Bargain, Pleas, Prosecutor, Public Defender, Courts, Legal Fictions

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In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her influential article "The Article of Manufacture in 1887" and her draft paper "Whole Designs." Among other things, Burstein describes the history of design patent protection and the subject matter of design patents, in theory and in practice. She then outlines the various arguments and judicial opinions in Apple v. Samsung, and explains why the central problem was a mistaken understanding of the term "article of manufacture" as used by Congress in 1887. Burstein tweets at @design_law, and her Design Law tumblr is an invaluable resource.

Keywords: intellectual property, design patents, design law, Apple v. Samsung, Supreme Court, article of manufacture, disgorgement

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In this episode, Dave Fagundes, Baker Botts LLP Professor of Law at the University of Houston Law Center, and Aaron Perzanowski, Professor of Law at Case Western Reserve University College of Law, discuss their paper "Clown Eggs & Property Norms," which will appear in the Notre Dame Law Review. Among other things, Fagundes and Perzanowski describe the Clown Egg Register, an collection of (mostly) ceramic eggs used to document the appearance of well-known clowns. They explain why the Register was created, and how clowns use it to not only to police informal ownership norms in their appearance, but also to promote and regulate their profession. You can see many of the clown eggs in Luke Stephenson & Helen Champion's book of photographs, "The Clown Egg Register."

Keywords: norms, property, informal ownership, registration, copyright, trademark, creativity without law, IP without IP

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In this episode, Richard H. Underwood, Edward T. Breathitt Professor of Law at the University of Kentucky College of Law, discusses his recent books, "CrimeSong: True Crime Stories From Southern Murder Ballads" and "Gaslight Lawyers: Criminal Trials & Exploits in Gilded Age New York." Among other things, Underwood describes the old, weird America captured in murder ballads, and tells the true stories behind several of his favorite murder ballads. He also explains how different (and similar!) 19th century lawyering was to today.

Keywords: jurisprudence, judges, American Law, Culture, Practice of Law, history, true crime

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In this episode, Michael D. Kanach, a partner at Gordon & Rees LLP in San Francisco and a trademark scholar focused especially on issues relating to the craft beer industry, discusses trademarks, branding, and craft beer. Among other things, he explains what trademarks protect, how to obtain a trademark, and the business considerations affecting whether to register a trademark. You can read some of Kanach's articles here and here.

Keywords: Patent law, authenticity, symbolic goods, evaluations, on-line reviews, mergers, acquisitions

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In this episode, Amos Jones, an independent legal scholar, constitutional litigator, and Executive Director of the African-American Trust for Historic Preservation, discusses his work on African-American legal history and the role of the church in the civil rights movement. Among other things, Jones discusses the importance of preserving historic African-American churches and recognizing their pivotal role in American history. He also discusses his work as a constitutional litigator protecting religious liberties, and how his faith shapes his scholarship and legal practice.

Keywords: Contracts, Identity

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