Ipse Dixit

In this episode, Eric C. Chaffee, Professor of Law at the University of Toledo College of Law, discusses his "collaborative theory" of the corporation. Chaffee begins by describing the history of corporations and the prevailing theories of the corporation. He then introduces his collaborative theory, and explains how it improves on existing theories by asking why corporations exist in the first place. Specifically, he shows how the collaborative theory provides a framework for understanding corporate social responsibility and the regulation of corporation. He also discusses how the collaborative theory illuminates the relationship between for-profit and non-profit corporation. The conversation focuses on his papers "Collaboration Theory: A Theory of the Charitable Tax Exempt Nonprofit Corporation" and "The Origins of Corporate Social Responsibility." Chaffee is on Twitter at @EricChaffee.

Keywords: Corporate Law, Nonprofit, Not-for-profit, Theory of the Corporation

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In this episode, Josh Douglas, Thomas P. Lewis Professor of Law at the University of Kentucky College of Law discusses his forthcoming book "Vote for US: How to Take Back Our Elections and Change the Future of Voting." In his book, Douglas makes a number of innovative but controversial proposals for increasing voter participation and engagement, including reducing felon disenfranchisement, lowering the voting age to 16, introducing universal voting by mail, improving access to voting machines, and changing the redistricting process, among other things. You can read more of Douglas's scholarship on his SSRN page here. He is on Twitter at @JoshuaADouglas.

Keywords: Election law, voting rights

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In this episode, Patrick S. O'Donnell, an independent researcher and writer, discusses his experiences as an independent scholar of philosophy, religion, and law. O'Donnell is well-known among legal scholars for his long history as a thoughtful and prolific commenter and contributor to many different legal scholarship blogs, as well as for his erudite and exhaustive bibliographies on a wide range of different subjects, from religion and eastern philosophy to marxism and the philosophy of mind. Among other things, he shares his intellectual history and reflects on how "bread labor" has informed his relationship to scholarship. You can read some of O'Donnell's scholarship here. And you can read a little bit about him in this blog post by Jeffrey Lipshaw of Suffolk University Law School.

Keywords: analogy, metaphor, analogical reasoning, precedent, cognitive science, pragmatics, semantics, philosophy of language, philosophy of mind

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In this episode, Thomas Kadri, a Ph.D. candidate at Yale Law School and resident fellow at the Yale Information Society Project, discusses his new paper "Drawing Trump Naked: Curbing the Right of Publicity to Protect Portraits of Real People." Kadri explains the history of the right of publicity and its relation to the right of privacy. He then discusses the various justifications offered for the right of publicity, and the tensions between the right of publicity and the right of free speech. In particular, he considers the right of publicity in relation to artistic speech, as well as "hard cases" like revenge porn and "deep fakes." You can follow Kadri on Twitter at @thomaskadri.

Keywords: online speech, private platforms, internet platforms, internet intermediaries, free speech, constitutional law, First Amendment, private governance, tort law, defamation, privacy law

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In this episode, Andy Grewal, Professor of Law at the University of Iowa College of Law, discusses his work on the foreign and domestic emoluments clauses, specifically focusing on his papers "The Foreign Emoluments Clause and the Chief Executive" and "The Purposes of the Foreign Emoluments Clause." Grewal explains the current controversies and litigation over the meaning and application of the emoluments clauses, and explains why he believes a textualist reading of the clauses is both correct and practically preferable to purposivist readings.

Keywords: emoluments

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In this episode, Tim Schneider, Art Business Reporter at artnet news, discusses the art market through the lens of his recent book, "The Great Reframing: How Technology Will––and Won't––Change the Gallery System Forever." Among other things, Schneider explains how the primary and secondary markets for fine art work - and don't! - and why "disrupting" them will be harder than many people would like to believe. You can read Schneider's older work at The Gray Market and timfschneider.com. You can also find him on twitter at @the_gray_market. This episode was co-hosted by Dima Strakovsky, Associate Professor of Art in the University of Kentucky School of Art and Visual Studies.

Keywords: Art, Networks, uncertainty, structural holes, art galleries

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In this episode, Guy A. Rub, Professor of Law at the Ohio State University Moritz College of Law, discusses his extensive scholarship on artist's resale royalties. Among other things, he discusses his article "The Unconvincing Case for Resale Royalties," as well as a new article in progress explaining why the 9th Circuit's recent opinion in Close v. Sotheby's holding that the California Resale Royalties Act was preempted by the Copyright Act was probably wrong. This episode is co-hosted by Jake Linford, Associate Professor of Law at Florida State University College of Law.

Keywords: Copyright, Resale Royalties, droite de suite, Congress, Legislation, Art

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In this episode, Jake Linford, Associate Professor of Law at Florida State University College of Law, discusses his scholarship on how linguistic theory can inform our understanding of trademark doctrine, especially the so-called "hierarchy of marks." Among other things, he touches on his papers "Are Trademarks Ever Fanciful?", "The False Dichotomy Between Suggestive and Descriptive Trademarks", and "A Linguistic Justification for 'Generic' Trademarks." This episode is co-hosted by Guy A. Rub, Professor of Law at the Ohio State University Moritz College of Law.

Keywords: trademarks, source significance, secondary meaning, distinctiveness, inherent distinctiveness, linguistics, suggestive, descriptive, Abercrombie, semantics, cognitive research, etymology, semantic shift, semantic change, semantic drift

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In this episode, Eric E. Johnson, Associate Professor of Law at the University of Oklahoma College of Law, discusses his Museum of Intellectual Property, which comprises a collection of artifacts that were the subject of intellectual property litigation, or illuminate the history of intellectual property. As he explains on the museum's website, "The project of the Museum of Intellectual Property is to collect and display tangible relics from the cases that define the law of copyright, patent, trademark, and other fields." The museum is an invaluable contribution to intellectual property scholarship and a resource on which I have long relied. And it inspired me to create my own "Mini-Museum of Intellectual Property" at the University of Kentucky College of Law.

Keywords: Behavioral Economics, Intellectual Property, Copyright, Patent, Incentives, Intrinsic Motivation, Psychology, Classical Economics

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In this episode, Yxta Maya Murray, Professor of Law at Loyola Law School Los Angeles, discusses her provocative articles "'FEMA Has Been a Nightmare:' Epistemic Injustice in Puerto Rico" and "Draft of a Letter of Recommendation to the Honorable Alex Kozinski, Which I Guess I'm Not Going to Send Now." In addition to being a law professor, Murray is also an essayist and novelist, and her literary perspective deeply inflects her legal scholarship. In "FEMA Has Been a Nightmare", she uses the concept of "epistemic injustice" to show how the government's failed response to Hurricane Maria reflected not epistemic uncertainty about what Puerto Ricans needed, but rather the "testimonial injustice" of officials disbelieving or ignoring the people they were supposed to help. Building from a series of interviews, she uses "uncertainty theory" to explain the causes of the government's comically tragic failure to understand any of the needs of the people it was supposed to help. In "Draft of a Letter", Murray uses a fictional letter of recommendation to show how "hermeneutic injustice" helped spark the #MeToo movement. Typos, strikethroughs, and comments fracture the text, expressing the refusal to be silenced in the form of narrative irruptions. You can read more of Murray's work on her SSRN page. As an aside, I cannot recommend her articles more highly, they are subtle, thought-provoking, and delightfully fun to read.

Keywords: Administrative Law, Civil Rights and Discrimination, Constitutional Law, Disaster Law Commons, Law and Politics, Legal Theory

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