Ipse Dixit

In this episode, Todd J. Zywicki, Foundation Professor of Law at the George Mason University Antonin Scalia Law School, discusses his provocative scholarship on the history and regulation of consumer credit. Zywicki begins by explaining the origins of both modern consumer credit and consumer credit scholarship in the 1920s. Then he discusses the gradual emergence of other forms of consumer credit, including credit cards. In light of this history, he offers some thoughts on how the government could better regulate access to consumer credit, as well as some observations on the use of behavioral law and economics by scholars of consumer credit. You can read more of Zywicki's voluminous scholarship on consumer credit and other subjects on his SSRN page.

Keywords: bankruptcy, consumer credit, distress model, foreclosure, homeownership, lending practices, mortgages, option model, regulation, subprime

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In this episode, Erin L. Thompson, Associate Professor of Art Crime at John Jay College of Criminal Justice, City University of New York, discusses her important and amusing article "'Official Fakes: The Consequences of Governmental Treatment of Forged Antiquities as Genuine during Seizures, Prosecutions, and Repatriations." Thompson is one of the foremost American experts on art crime. In this article, she discusses the (often inadvertent) trade in "official fakes" or counterfeit antiquities. Among other things, she explains how they make it more difficult to police the illicit trade in real antiquities. You can read Thompson's other work on art and antiquities on her SSRN page. And you can reach her on twitter @artcrimeprof.

Keywords: forgery, comparative law, international law, criminal law, art law, cultural heritage

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In this episode, Antonia Eliason, Assistant Professor of Law at the University of Mississippi School of Law, discusses her fascinating article "Lillian McMurry and the Blues Contracts of Trumpet Records," which uses primary source archival research to tell a serious of important stories about the social history of the Mississippi blues through the contractual and personal relationships between the musicians and their publisher. Trumpet Records was one of the most important and idiosyncratic Mississippi record labels of the early 1950s, releasing 78s recorded by iconic artists like Elmore James and Sonny Boy Williamson. Founded and operated by Lillian McMurray, it only operated from 1951-55, but had an enormous impact on the dissemination of the Mississippi blues. Eliason uses the business record and manuscripts from the Trumpet Records archival collection to tell the story of the label, and the complicated relationships between McMurray and the musicians whose work she published.

Keywords: blues, music, contracts, contract law, sonny boy williamson, lillian mcmurry, trumpet records, copyright, mississippi, contracts

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In this episode, Kimberly D. Krawiec, Kathrine Robinson Everett Professor of Law at Duke University School of Law, discusses her scholarship on "repugnant markets" or "taboo trades," including prostitution and kidneys. Listeners might be interested in her papers "If We Pay Football Players, Why Not Kidney Donors?"; "If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don't We Allow Kidney Donors to Be Paid for Saving Lives?"; "Repugnance Management and Transactions in the Body"; "Organ Entrepreneurs"; and "Contract Development in a Matching Market: The Case of Kidney Exchange." Of course, there are many more excellent papers on her SSRN page.

Keywords: organ donation, football, health risks, health and medicine, kidney transplants, boxing, concussions

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In this episode, Omri Rachum-Twaig discusses his new book "Copyright Law and Derivative Works: Regulating Creativity," just published by Routledge. In his book, Omri uses insights from creativity studies and genre theory to explain how copyright law should think about originality and the creation of works of authorship.

Keywords: Copyright, Genre, Derivative Works, Idea/Expression, Originality, Creativity,

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In this episode, Rebecca Giblin, Associate Professor at Monash University Law, discusses her paper "A New Copyright Bargain: Reclaiming Lost Culture and Getting Authors Paid," which was recently published by the Columbia Journal of Law & the Arts. In her paper, Giblin expands on her previous work, including the book "What If We Could Reimagine Copyright?" Among other things, she explains why the Berne Convention and TRIPS have created the false impression that copyright policy is immutable, and shows how reform is actually possible and desirable.

Keywords: Copyright, Berne, TRIPS, Authors, Libraries, Incentives, Rewards

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In this episode, Professor Enrique Guerra-Pujol of the University of Central Florida College of Business discusses his paper "Gödel's Loophole." When logician and mathematician Kurt Gödel applied for United States citizenship, he claimed to have discovered a logical flaw in the United States Constitution that would make a dictatorship possible. Unfortunately, no one ever recorded the logical flaw Gödel identified. In his paper, Guerra-Pujol tells the story of Gödel's discovery and advances a theory of the logical flaw.

Keywords: Gödel, Gödelian design defects, constitutional statements, self-amendment, entrenchment, anti-entrenchment clauses

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In this episode, Professor Eric J. Segall of Georgia State University of College of Law discusses his new book, Originalism as Faith. Segall's book describes the historical development of the concept of judicial review, and how the modern concept of "originalism" emerged in the 1980s, as a way of limiting judicial discretion. He then explains how "new originalism" and "new-new originalism" have developed into something quite different.

Keywords: Originalism, Living Constitutionalism, Legal Realism, Constitutional Interpretation, Legal History, Constitutional Law

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Valena E. Beety, Professor of Law at West Virginia University College of Law and Director of the West Virginia Innocence Project, discusses her draft paper "The Overdose/Homicide Epidemic." Beety explains that many states allow prosecutors to charge drug overdose deaths as homicides, if the drugs were provided by someone else, often with mandatory minimum sentences as long as 20 years. And she observes that elected coroners may exacerbate the problem, by making findings that enable prosecutors to charge overdoses as homicides more easily.

Keywords: forensic science, evidence, criminal law, overdose, opioids, death investigation, coroner, medical examiner, forensics, mass incarceration, drug-induced homicide

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In this episode, Professor Ramsi Woodcock of the University of Kentucky College of Law discusses his paper "The Efficient Queue and the Case Against Dynamic Pricing."

Keywords: Antitrust, Monopolization, Dynamic Pricing, Consumer Welfare, Sherman Act, Algorithms, Rationing, Technology, Economic Rent

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