In this episode, Matthew Steilen, Professor of Law at the University of Buffalo School of Law, discusses his draft article "Magna Carta and the Origins of Legislative Power," which is part of a book project. Steilen begins by explaining the origins and purpose of Magna Carta. He then focuses on Chapter 12 of Magna Carta, which requires "common counsel." He explains why the conventional wisdom about the meaning of Chapter 12 is wrong, and how it was really about requiring spirited debate. He reflects on why that was important and how it informed the development of legislative speech. He also reflects on the historiography of Magna Carta. Steilen is on Twitter at @MJSteilen.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Oliver Traldi, a John and Daria Barry Postdoctoral Research Fellow at the James Madison Program at Princeton University, discusses his new book "Political Beliefs: A Philosophical Introduction," which is published by Routledge. Here is the description of the book:

Traldi is on Twitter at @olivertraldi. The PDF version of his book is available for free on the Routledge website.

This episode was hosted by Elizabeth Schiller, who is the Staff Director for the Virginia Access to Justice Commission.

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In this episode, Rachael Dickson, an Visiting Assistant Professor at the Suffolk University Law School Intellectual Property and Entrepreneurship Clinic and for Trademark Examining Attorney at the United States Patent and Trademark Office, discusses her draft article "High Hopes: Cannabis Trademarks at the USPTO." Dickson begins by briefly describing the history of cannabis regulation in the United States. She explains how trademarks work and what they are intended to accomplish, and why cannabis companies want to register federal trademarks for their products. She reflects on the USPTO's refusal to register cannabis marks and the problems it causes. And she encourages the USPTO to change course. Dickson is on Twitter at @TudorsAndTMs.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Seth G. Benzell, Assistant Professor at Chapman University Argyros School of Business and Economics, discusses his work on how to understand and regulate Facebook, which he co-authored with Avinash Collis. You can read their article, "How to Govern Facebook: A Structural Model for Taxing and Regulating Big Tech," or their white paper, "Modeling Effective Regulation of Facebook." Benzell begins by explaining how their study differs from other studies. He describes the data they collected and how they analyzed it. And he reflects on how the data enabled them to evaluate the likely effectiveness and efficiency of different approaches to regulations. Benzell is on Twitter at @SBenzell.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Kurt Schneider, former CEO of the Harlem Globetrotters, entrepreneur, and host of the Smart Drivel podcast, discusses the entertainment industry, his experiences working with lawyers, and his love of martinis. Schneider begins by explaining his background in the entertainment industry at Disney, WWE, and the Harlem Globetrotters, among other companies. He reflects on his experiences working with lawyers, including when they were helpful or not so helpful, and what he looked for in a lawyer. He discusses how entertainment industry executives think about intellectual property. And he explains why a gin martini with a twist is the perfect cocktail. Schneider is on Twitter at @KurtMSchneider8.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Amy Cyphert, Lecturer in Law and Director of the ASPIRE Office at the West Virginia University College of Law, discusses her article "Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk," which is published in the Seton Hall Law Review. Cyphert begins by explaining how the First Step Act changed the way the Department of Justice makes decisions about when to release particular people from federal prison, including in response to the COVID pandemic. Specifically, she discusses the new PATTERN system, which provides a framework for placing people in different risk categories, based on both static and dynamic features. She observes that it may be an improvement on previous, more subjective methods, but still lacks the transparency necessary to evaluate it for accuracy and bias. She argues that it is a good first step, but more steps are needed. Cyphert is on Twitter at @CyphertAmy.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article "Weaponizing Copyright." Smith begins by explaining that "weaponizing" copyright is using it for non-copyright ends. In theory, copyright is supposed to be about ensuring that copyright owners reap the economic value of the works they own. But sometimes, copyright owners use their copyright to accomplish non-economic goals. Often, those goals are laudable, like punishing racist speech or removing revenge porn from the internet. But they can also be bad, especially when they involve the suppression of critical speech. Smith reflects on that tension and how it might be resolved, through the lens of many different examples. Smith is on Twitter at @CathaySmith.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown, discusses his article "Constitutional Hedging." Bernick begins by explaining that "constitutional hedging" is when judges consider the merits and demerits of multiple theories of constitutional interpretation when deciding how to answer a question, rather than pre-committing to one preferred theory. He describes how judges might engage in constitutional hedging, and observes that it may be a more systematic version of how many judges already answer constitutional questions. He also reflects on how constitutional hedging squares with different normative theories of law, as well as legal realism. Bernick is on Twitter at @evanbernick.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, J. Remy Green, a partner at Cohen & Green PLLC and a teacher at Boston University Law and Baruch College at the City University of New York, and Austin A. Baker, a postdoctoral assistant professor at the Rutgers Center for Cognitive Science, discuss their article "There is No Such Thing as a Legal Name: A Strange, Shared Delusion." They begin by explaining how there is no universal definition of a "legal name," even though most people and institutions assume there is. They describe the different ways that the law uses names. And they argue that the law can and does allow people to use the names they want. They also reflect on the harms caused by refusing to use someone's correct name. Green is on Twitter at @j_remy_green, and Baker is at @AustinACBaker.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law, discusses the history of his professional career and the relationship between his art practice and his legal scholarship. Among other things he reflects on how he became interested in the law and how he became a copyright scholar. He explains how fair use could help art historians. And he he discusses his use of legal scholarship as a medium for conceptual art.

This episode was hosted by Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art. Buskirk is on Twitter at @martha_buskirk.

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In this episode, Michael Dunford, a PhD student at Queen Mary University of London, discusses his copyright scholarship and his role as a copyright educator on Twitter. Dunford begins by explaining his path to studying copyright law. He describes the thesis of his dissertation, which reflects on why it's so hard to solve the policy problem posed by fanworks. He also discusses how he became an important voice on Twitter and how he sees that role. Dunford is on Twitter at @questauthority.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, discusses his article "The Procedure Fetish," which was published in the Michigan Law Review. Bagley begins by observing that administrative procedure has both costs and benefits. He argues that we fetishize administrative procedure, telling ourselves it provides benefits it can't deliver, at the cost of preventing agencies from regulating more effectively. He argues that administrative procedure pushes regulation in a libertarian or "status quo" direction. And he reflects on why we have chosen to put our administrative eggs in a procedural basket. Bagley is on Twitter at @nicholas_bagley.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Teneille Ruth Brown, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses her article "Denying Death," which was published in the Arizona Law Review. Brown begins by explaining how she became interested in writing about the information doctors give cancer patients. She explains how and why doctors often given cancer patients misleading information about their diagnosis and prognosis. And she reflects on how that harms patients, by making it harder for them to make informed decisions. She makes suggestions about how doctors could provide more helpful information. And she discusses the impact of her article. Brown is on Twitter at @TeneilleBrown.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Aliza Shatzman of the Legal Accountability Network discusses her article "The Clerkships Whisper Network: What It Is, Why It's Broken, And How To Fix It," which is published in the Columbia Law Review. Shatzman is on Twitter at @AlizaShatzman.

This episode was hosted by Peter Romer-Friedman on PRF Law.

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In this episode, Jozef White, the founder of the Tabula Rasa Record Company, discusses the state of the music business and where it should go. He begins by explaining what the Tabula Rasa Record Company is and why he created it. He reflects on what artists want, and why some of them find Tabula Rasa attractive. And he talks about where he expects the project to go. White is on Twitter at @thejozefwhite.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Dr. David Ley, clinical psychologist and sex therapist, discusses the myth of "sex addiction" and his 2015 article Forensic Applications of "Sex Addiction" in US Legal Proceedings, published in Current Sexual Health Reports. He begins by discussing the history of the concept of "sex addiction," which is neither a formal diagnosis described under the DSM-V and has no standardized definition otherwise. Dr. Ley then explains how sex addiction and associated treatments are used as tools for avoiding responsibility for unhealthy and offending behavior, rather than addressing other, true causes such as narcissism. He then draws connections not only between those offering treatment for sex addiction and "pornography addiction," but also anti-masturbation movements like "NoFap," with white supremacist groups. Dr. Ley then highlights resources for sex workers to get access to sex-positive and non-judgmental mental healthcare. He closes by exhorting listeners to have deeper, more meaningful conversations about sex rather than continuing to have the "sensational, knee-jerk...blame sex" reaction so common as a response to many deeply entrenched social ills.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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In this episode, Felix B. Chang, Associate Dean of Faculty and Research, Professor of Law, and Co-Director of the Corporate Law Center, at the University of Cincinnati College of Law, discusses his article "How Should Inheritance Law Remediate Inequality?" Chang begins by explaining why trusts and estates law is relevant to inequality. He argues that trusts and estates law should focus on intergenerational economic mobility, and why that is the right metric. He explains how trusts & estates policy has gotten mobility wrong in the past. And he explains how it could do better. Chang is on Twitter at @changlawprof.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law at UCLA College of Law, discusses his article "BRT, Stakeholders and Corporate Purpose," which was published in The Corporate Board. Bainbridge begins by describing the current consensus on the legal obligations of board members, or the lack thereof. He explains why he disagrees with scholars who argue that board members should have duties to both shareholders and stakeholders. And he reflects on what his position means, as a practical matter. Bainbridge is on Twitter at @PrawfBainbridge.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, David J. Teece, Thomas W. Tusher Professor in Global Business & Faculty Director of the Tusher Center for the Management of Intellectual Capital, at the University of California Berkeley Haas School of Business, discusses his draft article "Big Tech, Big Data and Competition Policy: Favoring Dynamic Over Static Competition," which he co-authored with Nicolas Petit. Teece begins by explaining the concepts of static and dynamic competition. He observes that conventional competition policy has focused on static competition, and argues that is a mistake, because dynamic competition produces much larger long-terms gains. He suggests that policy should focus on long-term consumer welfare and the encouragement of dynamic capabilities. Teece is on Twitter at @David_J_Teece.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Courtney Cox, Associate Professor of Law at Fordham University School of Law, discusses her article "Legitimizing Lies." Cox begins by observing the people disagree about what counts as a lie in the first place, depending on their normative concerns. She observes that the law sometimes requires lies, for example in the context of trade secret law. She explains that lying is a "dual-use technology" that can be good or bad, depending on how it is used. And she reflects on what different kinds of lies can teach us about regulation of lying. Cox is on Twitter at @CoxLaw.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Ann Bartow and Ryan Vacca, who are both Professors of Law at the University of New Hampshire Franklin Pierce School of Law, discuss their article "Ruth Bader Ginsburg's Copyright Jurisprudence." They begin by explaining why they decided to write an article about Justice Ginsburg, and specifically about her copyright jurisprudence. The survey her impact on copyright law, and reflect on how her copyright jurisprudence reflects her broader approach to judging, pointing to themes like intergovernmental deference, incrementalism, and stoicism, among other things. They also push back against the conventional wisdom that Justice Ginsburg was only every pro-copyright. Bartow is on Twitter at @profabartow.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Faisal Chaudhry, Assistant Professor of Law & History and Hanley Institute Sustainability Scholar at the University of Dayton, discusses his article "Property as Rent," which will be published in the St. John's Law Review. Chaudhry begins by explaining the differences between the classical and neoclassical economic concepts of rent. He reflect on how the economic concepts of rent and property changed. And he explains why the classical concept of rent and property can help us better understand the existing securitized market for real estate and how to fix it.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art, discusses her new book "Is It Ours?: Art, Copyright, and Public Interest," which will be published by the University of California Press. Buskirk begins by reflecting on why art and copyright should care about each other. She describes particular examples of tension between the two, including the work of artists like Jeff Koons, Richard Prince, and Cady Noland, among others. And she explains how reflecting on that tension can help us better understand both art and copyright, and what we want them to achieve. Buskirk is on Twitter at @martha_buskirk.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Judge Lee Rudofsky of the United States District Court for the Eastern District of Arkansas discusses the work of a federal judge. Judge Rudofsky begins by describing his path to the judiciary, as well as the nomination and confirmation process. He explains the experience of learning how to do the job of judging and what he looks for in a law clerk. And he reflects on the kind of judge he wants to be.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Rachel O'Dwyer, a lecturer in Digital Cultures in the National College of Art and Design, Dublin, discusses her new book "Tokens: The Future of Money in the Age of the Platform," which is published by Verso Books. O'Dwyer explains what tokens are, how they relate to money, how they have been used at different points in time, and how they are used today. O'Dwyer is on Twitter at @Rachelodwyer.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, the Honorable James E. Baker, Professor of Law at Syracuse University College of Law, Director of Institute for Security Policy and Law, and Professor of Public Administration in the Maxwell School of Citizenship and Public Affairs, discusses his new book "The Centaur’s Dilemma: National Security Law for the Coming AI Revolution," which is published by the Brookings Institution Press. Baker begins by explaining why he thinks artificial intelligence requires us to think about the relationship between people and machines in new ways. He describes some of the national security implications of artificial intelligence technology and its implementation. And he reflects on how policymakers should think about those questions.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Steve Fuller, Professor of Sociology at the University of Warwick, discusses his new book, "A Player's Guide to the Post-Truth Condition: The Name of the Game" which is published by Anthem Press. Fuller begins by explaining what he means by the "post-truth condition," and how it affects the way we think about the production of knowledge. He observes that democracy implies a decentralization of the production of knowledge, and reflect on how that is in tension with "academic rentiership." He also discusses how the pandemic has made the post-truth condition especially salient. And he offers some suggestions on how scholars can embrace the post-truth condition, rather than fighting it. Fuller is on Twitter at @ProfSteveFuller.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Robert Anderson, Professor of Law at Pepperdine University Caruso School of Law, introduces ScholarSift, a new analytics platform for law reviews he created with co-founder Trent Wenzel. He discusses initially identifying the need for a platform like ScholarSift and distinguishes it from other search functions with which listeners may already be familiar, while relating the basic mechanics of use. He describes how ScholarSift's algorithm is different than those used by other services and how it can lead to greater citation counts for women, people of color, and other scholars from marginalized communities. He then predicts how ScholarSift could lead to curtailing the volume of submissions made to law reviews by legal scholars, lightening the burden on both authors and law reviews. He also explains how it could be a useful tool for law students even outside the law review context. Anderson is on Twitter at @ProfRobAnderson.

This episode was hosted by Maybell Romero, Associate Professor of Law at Northern Illinois University College of Law. Romero is on Twitter at @MaybellRomero.

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In this episode, Michael Higdon, Associate Dean for Faculty Development and Professor of Law at the University of Tennessee Knoxville College of Law, discusses his article "If You Grant It, They Will Come: The History and Enduring Legal Legacy of Migratory Divorce." Higdon begins by explaining what migratory divorce is, and why it developed in response to the family law of the 19th and early 20th century. He describes political and legislative responses to migratory divorce, and why the practice eventually came to an end with the adoption of no-fault divorce. And he argues that the story of migratory divorce can illuminate other areas of family law. Higdon is on Twitter at @MichaelJHigdon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Scott J. Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, discusses the DocProject, a new program of the Media Freedom and Information Access Clinic at Yale Law School. Shapiro describes the origins of the DocProject, and the kinds of advice it provides to documentary filmmakers about potential liability. He explains why that kind of advice is so important for documentary filmmakers, and provides suggestions about when filmmakers should start thinking about those issues. Shapiro is on Twitter at @scottjshapiro.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Steph Tai, Professor of Law at the University of Wisconsin Law School, discusses their article "Legalizing the Meaning of Meat," which is published in the Loyola University Chicago Law Journal. Tai begins by explaining the historical development of the meaning of meat, and different kinds of foods that have been considered meat in different places at different times. They continue by describing the current state of meat alternative foods, including plant-based, insect-based, and cultured foods. They outline current efforts to define the meaning of meat legislatively and why those efforts have largely failed. And they reflect on broader philosophical questions on how and why the meaning of the term "meat" matters. Tai is on Twitter at @YoStephTai.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Giorgio Angelini and Arthur Jones, the filmmakers of the documentary "Feels Good Man," which won the Sundance 2020 Special Jury Prize, and Louis Tompros of WilmerHale, discuss artist Matt Furie, his character Pepe the Frog, Pepe's memeification and appropriation by the alt-right, and Furie's legal battle to save Pepe. They describe Furie's creation of the Pepe character, how Pepe became an internet meme, and why Pepe became a symbol of hate speech. They describe how Furie used copyright law to prevent the commercialization of Pepe by alt-right pundits, focusing on the legal strategy and how they explained their theory of the case to the court. Angelini is on Twitter at @giorgieangelini and Tompros is on Twitter at @LouisTompros.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Bashar Malkawi, Global Professor of Practice in Law at the University of Arizona James E. Rogers College of Law, discusses his work on national security and international trade. He begins by explaining why national security exception to international trade agreements can be a problem, especially national boycotts. He claims that the arguments in favor of broad boycotts are unconvincing and that they should be avoided. And he reflects on how international organizations can discourage boycotts and other trade restrictions. Malkawi's article "Economic Boycotts: The Interaction of National Security and International Economic Law" is forthcoming in the Academy of Legal Studies in Business National Proceedings (2021).

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Joseph S. Diedrich, an Associate at Husch Blackwell LLP, discusses his article "Separation, Supremacy, and the Unconstitutional Rational Basis Test," which will be published in the Villanova Law Review. Diedrich begins by explaining what the rational basis test is and where it came from. He argues that it violates the separation of powers, by absolving courts of the obligation to judge in certain cases. And he analogizes to the Chevron Doctrine to explain why that is a problem. Diedrich is on Twitter at @JSDiedrich.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Mary T. Hannon, a law student at DePaul University College of Law and patent agent at Marshall, Gerstein & Boren LLP, discusses her article "The Patent Bar Gender Gap: Expanding the Eligibility Requirements to Foster Inclusion and Innovation in the U.S. Patent System," which is published in IP Theory. Hannon begins by explaining what the Patent Bar is, why it matters, and how one becomes a member. She observes that the qualifications for becoming a member of the Patent Bar are antiquated and arbitrary, and effectively exclude many women, for no good reason. She argues that reforming those requirements would increase the diversity of the patent bar and reflect the realities of innovation in the modern era. Hannon is on Twiter at @marythannon.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Claire E. Aubin, a faculty member at Gratz College who will be a lecturer at UC Davis, discusses her work on Holocaust perpetrators, including her dissertation, "From Treblinka to Trenton: Holocaust perpetrators as immigrants to the post-war United States" and her recent article for Time magazine. Aubin explains why Holocaust perpetrators were able to emigrate to the United States without being caught, how they camouflaged themselves from immigration authorities, how some were caught, and why many escaped detection. She explains how studying the experiences of Holocaust perpetrators helps us better understand the historical context in which they were able to escape detection, present themselves as priority candidates for immigration to the United States, and disguise their past. Aubin is on Twitter at @ceaubin.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

In this episode, Stephen M. Griffin, W.R. Irby Chair and Rutledge C. Clement Jr. Professor in Constitutional Law at Tulane University Law School, discusses his article "Optimistic Originalism and the Reconstruction Amendments," which will be published in the Tulane Law Review. Griffin begins by describing what he calls "optimistic originalism," or originalism that argues the "rights revolution" of the 20th century is consistent with the original meaning of the Reconstruction Amendments. Griffin explains the argument presented by optimistic originalists, why it is historically unconvincing, and how we should think about constitutional change.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In a special partnership with The University of Chicago Law Review Online and the Academy for Justice, Ipse Dixit brings you a three part series on COVID-19 and Criminal Justice. This symposium of essays, hosted by The University of Chicago Law Review Online, was organized by the Academy for Justice. The contributors include leaders of criminal justice and health law centers, and scholars of criminal legal systems, whose works discuss the intersection of Criminal Justice and the COVID-19 pandemic. Contributors include Valena E. Beety (ASU), Brandon L. Garrett with Deniz Ariturk and William E. Crozier (Duke), Sharon Dolovich (UCLA), Maybell Romero (Northern Illinois), Pamela R. Metzger with Gregory J. Guggenmos (SMU Deason Center), Barry Friedman (NYU) with Robin Tholin, and Jennifer Oliva (Seton Hall).

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 3 of the resulting three part series, Romero speaks with Deniz Ariturk and William Crozier about their piece coauthored with Brandon Garrett, Virtual Criminal Courts, and Pam Metzger and Greg Guggenmos about their piece, COVID-19 and the Ruralization of U.S. Criminal Court Systems. Ariturk is a researcher at the Duke Law Center for Science and Justice and the Duke Moral Attitudes and Decision Making Lab, and Crozier the Research Director at Duke’s Center for Science and Justice. Metzger is the inaugural Director of the Deason Criminal Justice Reform Center at SMU Dedman School of Law, and Guggenmos is as consulting statistician at Deason.

Crozier is on Twitter at @WilliamCrozierIV, Metzger at Friedman at @ProfPamMetzger, and Romero at @MaybellRomero.

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In this episode, Anat Alon-Beck, Assistant Professor of Law at Case Western Reserve University School of Law, discusses her article "Alternative Venture Capital: The New Unicorn Investors," which will be published in the Tennessee Law Review. Alon-Beck begins by explaining how she became interested in unicorn firms and their financing. She describes the rise of unicorn firms and how they have affected the investment landscape. She reflects on recent efforts to make it easier for retail investors to invest in private offerings. And she argues that regulators should be careful about how they proceed. Alon-Beck is on Twitter at @anatalonbeck.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In a special partnership with The University of Chicago Law Review Online and the Academy for Justice, Ipse Dixit brings you a three part series on COVID-19 and Criminal Justice. This symposium of essays, hosted by The University of Chicago Law Review Online, was organized by the Academy for Justice. The contributors include leaders of criminal justice and health law centers, and scholars of criminal legal systems, whose works discuss the intersection of Criminal Justice and the COVID-19 pandemic. Contributors include Valena E. Beety (ASU), Brandon L. Garrett with Deniz Ariturk and William E. Crozier (Duke), Sharon Dolovich (UCLA), Maybell Romero (Northern Illinois), Pamela R. Metzger with Gregory J. Guggenmos (SMU Deason Center), Barry Friedman (NYU) with Robin Tholin, and Jennifer Oliva (Seton Hall).

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 2 of the resulting three part series, Romero speaks with Jennifer Oliva about her piece, Policing Opioid Use Disorder in a Pandemic, and Barry Friedman about his piece, Policing the Pandemic. Oliva is an Associate Professor at Seton Hall Law where she specializes in health law and policy, FDA law, drug policy, evidence, and complex litigation. Friedman is a Professor of Law at NYU, and is the founding director of NYU’s The Policing Project, which works with all stakeholders to ensure that policing is transparent, equitable, and democratically accountable.

Oliva is on Twitter at @jenndoliva, Friedman at @barryfriedman1, and Romero at @MaybellRomero.

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In this episode, Remco Heesen, Senior Lecturer in Philosophy at the University of Western Australia School of Humanities, and Liam Kofi Bright, Assistant Professor in the Department of Philosophy, Logic, and Scientific Method at the London School of Economics, discuss their article "Is Peer Review a Good Idea?," which is published in the British Journal for the Philosophy of Science. They begin by explaining what peer review is, how it came to be, and what it is supposed to accomplish. They observe that peer review doesn't appear to actually deliver any of its purported benefits, and comes with many costs. They argue that we should eliminate pre-publication peer review, and use other methods of evaluating the quality of scholarship. For more information, see their subsequent article "Jury Theorems for Peer Review," which they co-authored with Marcus Arvan. Bright is on Twitter at @lastpositivist, Heesen is at @RemcoHeesen, and Arvan is at @MarcusArvan.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

In a special partnership with The University of Chicago Law Review Online and the Academy for Justice, Ipse Dixit brings you a three part series on COVID-19 and Criminal Justice. This symposium of essays, hosted by The University of Chicago Law Review Online, was organized by the Academy for Justice. The contributors include leaders of criminal justice and health law centers, and scholars of criminal legal systems, whose works discuss the intersection of Criminal Justice and the COVID-19 pandemic. Contributors include Valena E. Beety (ASU), Brandon L. Garrett with Deniz Ariturk and William E. Crozier (Duke), Sharon Dolovich (UCLA), Maybell Romero (Northern Illinois), Pamela R. Metzger with Gregory J. Guggenmos (SMU Deason Center), Barry Friedman (NYU) with Robin Tholin, and Jennifer Oliva (Seton Hall).

In November, the participants joined each other online to discuss their pieces with Ipse Dixit host Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 1 of the resulting three part series, Romero speaks with Sharon Dolovich about her piece, Mass Incarceration, Meet COVID-19, and Valena Beety about her piece, Pre-Trial Dismissal in the Interest of Justice: A Response to COVID-19 and Protest Arrests. Dolovich is Professor of Law at UCLA, and the founding director of the UCLA Prison Law and Policy Program, which is just entering its 7th year. She also spearheads the UCLA Law COVID-19 Behind Bars Data Project. Professor Beety is professor of law at Arizona State University Sandra Day O’Connor College of Law and the deputy director of the Academy for Justice, a criminal justice center connecting research with policy reform.

Dolovich is on Twitter at @SharonDolovich, Beety at @valenabeety, and Romero at @MaybellRomero.

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In this episode, Gregory M. Dickinson, a Fellow at the Stanford Law School Program in Law, Science and Technology, discusses his article "Rebooting Internet Immunity," which will be published in the George Washington Law Review. Dickinson begins by explaining what Section 230 of the Communications Decency Act does and why it was enacted. He reflects on how it has shaped the evolution of the internet, and why many people increasingly think it needs to be amended or repealed. He proposes a revision of Section 230 to focus the immunity it provides on content moderation, and not more traditional product liability claims.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

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In this episode, Katya Assaf Zakharov, Assistant Professor of Law in the Hebrew University of Jerusalem Faculty of Law and the DAAD Center for German Studies, and Tim Schnetgoeke, a professional photographer, discuss their article "Reading the Illegible: Can Law Understand Graffiti?," which will be published in the Connecticut Law Review. They begin by explaining what graffiti is and what makes it unique. They observe that copyright law and other legal doctrines lack the capacity to property account for graffiti and its motives. And they argue that there should be a right to create graffiti, in order to transform urban spaces.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his book, "Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government," which is published by Encounter Books. Neily begins by explaining how judges decided constitutional questions, and how they distinguish between different kinds of constitutional questions. He observes that some constitutional claims get real judicial review, and others get "fake" judicial review, under the "rational basis" test. He argues that the rational basis test is an abdication of judicial responsibility, and that it should be eliminated. Neily is on Twitter at @ConLawWarrior.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Christa Laser, Assistant Professor of Law at Cleveland State University College of Law, discusses her article "Legal Issues in Blockchain, Cryptocurrency, and NFTs," which will be published in the Nebraska Law Review. Laser begins by explaining that we should think about the relationship between law and the blockchain as posing questions about how to apply abstract concepts to problems posed by new technologies, not an obligation to create a new body of law. She describes how regulators and courts have applied securities law, intellectual property law, and contract law to blockchain-related problem. And she encourages regulators, courts, and legislators to learn more about how this new technology works before acting to regulate it. Laser is on Twitter at @ChristaLaser.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Virginia Postrel, an award-winning journalist and independent scholar, discusses her new book "The Fabric of Civilization: How Textiles Made the World," which is published by Basic Books. Postrel begins by explaining why fabric, a product we now take for granted, used to be very costly. She discusses the different technologies that enabled the mass-production of fiber, thread, fabric, and dyes. And she describes the social technologies that facilitated the distribution of fabric. She also reflects on the social meaning of fabric, and potential future developments in the area. Postrel is on Twitter at @vpostrel.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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In this episode, Lori D. Johnson, Associate Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, and Melissa Love Koenig, Associate Professor of Legal Writing at Marquette University Law School, discuss their article "Walk the Line: Aristotle & The Ethics of Narrative," which is published in the Nevada Law Journal. They observe that the power of narrative can conflict with the duty of zealous representation and the attorney's duties as an office of the court. And they explain how attorneys can draw on wisdom from Aristotle's Ethics to avoid this problem. Johnson is on Twitter at @LoriDelandeyJ.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

Hosted on Acast. See acast.com/privacy for more information.