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Ipse Dixit
Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series. "From the Archives" consists historical recordings potentially of interest to legal scholars and lawyers. "The Homicide Squad" consists of investigations of the true stories behind different murder ballads, as well as examples of how different musicians have interpreted the song over time. "The Day Antitrust Died?" is co-hosted with Ramsi Woodcock, Assistant Professor of Law at the University of Kentucky College of L...
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From the Archives 73: Eldred v. Ashcroft Oral Argument (2003) 18.03.2019 58:21
This is the oral argument from Eldred v. Ashcroft , 537 U.S. 186 (2003). Here is the summary from Oyez: Facts of the case Under the Copyright and Patent Clause of the Constitution, Article 1, section 8, "Congress shall have Power...to promote the Progress of Science...by securing [to Authors] for limited Times...the exclusive Right to their...Writings." In the 1998 Copyright Term Extension Act (CT...
Will Slauter on the History of Copyright in the News 15.03.2019 54:47
In this episode, Will Slauter , Associate Professor at Université Paris Diderot, discusses his new book, " Who Owns the News?: A History of Copyright ," which is published by Stanford University Press. Slauter begins by explaining that the question, "Who owns the news?" has had different answers at different points in time. He describes the history of the news, beginning in 16th century England, a...
Katherine Macfarlane on Accommodating Disabilities in Law School and Practice 15.03.2019 38:54
In this episode, Katherine Macfarlane , Associate Professor of Law at the University of Idaho College of Law, discusses her work on how disabilities affect law students and lawyers, and how we can better accommodate people with disabilities. She begins by explaining the legal obligations that law schools and law firms have to accommodate people with disabilities under the Americans with Disabiliti...
Stephanie Hoffer on Disability and Medicaid Reform 14.03.2019 44:09
In this episode, Stephanie Hoffer , Professor of Law at the Ohio State University Moritz College of Law, discusses her article " Making the Law More ABLE: Reforming Medicaid for Disability ," which was published in the Ohio State Law Journal. Hoffer begins by describing how the ADA requires the federal and state governments to provide financial assistance to people with disabilities, and how that...
From the Archives 72: Mr. District Attorney Solves "The Case of the Money Machine" (1951) 14.03.2019 30:00
On April 11, 1951, NBC radio broadcast "Mr. District Attorney Solves 'The Case of the Money Machine.'" Here are the liner notes: 5256. Mr. District Attorney. April 11, 1951. NBC net. "The Case Of The Money Machine". Sponsored by: Vitalis, Sal Hepatica, Bufferin. A former worker in a mental hospital breaks in and steals one of the inmates who happens to be a mathematical genius. An act in the carni...
Peter Karol on Conceptual Art Certificates 13.03.2019 41:39
In this episode, Peter Karol , Professor of Law at New England Law Boston, discusses his article " Permissive Certificates: Collectors of Art as Collectors of Permissions ," which will appear in the Washington Law Review. Karol begins by describing certificates of authenticity and how they are used in the art market. Then he explains what conceptual art is and how conceptual artists use certificat...
Jeremy Sheff on Jefferson's Taper and the Classical Tradition 13.03.2019 48:23
In this episode, Jeremy Sheff , Professor of Law and Director of the Intellectual Property Law Center at St. John's University School of Law, discusses his article " Jefferson's Taper ." Sheff begins by describing Thomas Jefferson's "Parable of the Taper," found in a letter to Isaac McPherson, in which Jefferson argues that there is no natural right of property in inventions, which are a fire than...
From the Archives 71: Ad Council, How High is your E.Q.? (1977) 13.03.2019 7:55
In 1977, the Department of Commerce and the Advertising Council published a booklet titled "The American Economic System...and Your Part In It," which was distributed for free to anyone who wanted a copy. The booklet is available here . Naturally, the Ad Council also prepared a massive advertising campaign for the economics education program, which the New York Times described here . I found this...
From the Archives 70: Jerry Springer, Save the Terminal/Faded Photos (1973) 11.03.2019 6:36
In 1973, while he was a member of Cincinnati City Council, Jerry Springer recorded this 45 single, advocating to preserve the Cincinnati Union Terminal. The terminal was built in 1933, but train service to the terminal ended in 1973. Nevertheless, Union Terminal was the model for the Justice League's Hall of Justice in the 1970s Hanna-Barbera cartoon "Super Friends." The City Council voted the ter...
From the Archives 69: Ashcroft & Bacon, Truth (1973) 10.03.2019 33:23
In 1973, Missouri State Auditor John Ashcroft and Missouri State Representative Max Bacon self-published an LP of "gospel" songs. The manufacturer was American Artists Custom Records. The album was produced by Winnie Swaim, and engineered by Joe Higgins. Here is the track list: SIDE 1 Why Me, Lord 2:44 Reach Out to Jesus 2:25 Jesus Hold My Hand 2:22 The Broken Vessel 3:38 King Jesus 2:13 Unseen Ha...
From the Archives 68: Haldeman, Ehrlichman, Mitchell and Dean (1973) 09.03.2019 2:42
In 1973, at the height of the Watergate scandal, a record label called "Mr. G Records" released the song "Haldeman, Ehrlichman, Mitchell and Dean," written by Bob Warren and supposedly performed by "The Creep," as a 45 single . The same track is on both sides, a typical comic song featuring barroom piano. Apparently , the song initially got some airplay, until listeners started complaining. Here a...
From the Archives 67: Senator Everett McKinley Dirksen Speaks for The Guard (1969) 09.03.2019 15:38
In 1966, Senator Everett McKinley Dirksen (R-IL), known by his detractors as "The Wizard of Ooze" for his unctuous demeanor, recorded an LP titled " Gallant Men: Stories of the American Adventure ." The record was an unexpected success, and Dirksen recorded two more LPs. In 1969, Dirksen recorded this album of PSAs for the National Guard, encouraging Americans to be patriotic and volun...
Barton Beebe on Open-Source Casebooks 08.03.2019 36:55
In this episode, Barton Beebe , John M. Desmarais Professor of Intellectual Property Law at New York University School of Law, discusses his open-source trademark casebook and open-source publishing in general. Beebe describes what open-source publishing is, the different open-source publishing options available to authors, and why legal scholars publishing casebooks should consider open-source op...
From the Archives 66: Ronald Reagan, Freedom's Finest Hour (1967) 08.03.2019 43:04
In December 1966, the documentary film "Freedom's Finest Hour" was broadcast on national television. The film told the story of the American Revolution and the ratification of the Constitution, from the perspective of a colonist from Boston, played by Ronald Reagan. In 1967, Decca released an adaptation of the film's soundtrack on LP. The record was written by Sam Thomas, produced by Alec and Sam...
Martin Jordan Minot on the Irrelevance of Blackstone 07.03.2019 34:04
In this episode, Martin Jordan Minot, a student at the University of Virginia School of Law and the University of Virginia History Department, discusses his note " The Irrelevance of Blackstone: Rethinking the Eighteenth-Century Importance of the Commentaries ," which was published in the Virginia Law Review. Minot begins by describing who Blackstone was and why his Commentaries have come to be se...
Robin Effron on Jurisdictional Limits on Trade Secret Enforcement 07.03.2019 38:46
In this episode, Robin J. Effron , Professor of Law at Brooklyn Law School, discusses her article " Trade Secrets, Extraterritoriality, and Jurisdiction ," which was published in the Wake Forest Law Review. Effron begins by describing what trade secrets are and how Congress has recently created and expanded federal trade secret protection, ostensibly in response to foreign trade secret misappropri...
From the Archives 65: W.C. Fields, Temperance Lecture 06.03.2019 16:27
William Claude Dukenfield (1880-1946), better known as " W.C. Fields ," was an American comedian, actor, juggler and writer. He appeared in many plays and movies, always playing a hard-drinking misanthrope. In 1946, shortly before his death on Christmas Day, Fields recorded a spoken-word album, which consisted of 2 tracks: "Temperance Lecture" and "The Day I Drank a Glass of Water." The recording...
Catherine Hardee on Corporate Religious Sincerity 05.03.2019 30:34
In this episode, Catherine A. Hardee , Associate Professor of Law at California Western School of Law, discusses her article in progress, "Schrödinger’s Corporation: The Paradox of Religious Sincerity In Heterogenous Corporations." Hardee begins by describing how the Supreme Court has looked to the religious beliefs of shareholders in order to determine whether a business corporation has a "sincer...
From the Archives 65: American Automobile Dealers Association, America's Automobile Man (1977) 03.03.2019 10:16
In 1977, the American Automobile Dealers Association released this 7" record, titled "America's Automobile Man" to promote automobile use. Side 1 consists of the 3:42 song/PSA "America's Automobile Man," with music, lyrics, and narration by Ralph Harrison. Side 2 consists of 5 radio spots, on a range of different automobile-themed subjects. Among other things, NADA suggests that Epictetus would ha...
From the Archives 64: Norman Dacey Tells You How to Avoid Probate! (1966) 02.03.2019 44:48
In 1965, Norman Dacey published "How to Avoid Probate!," in which he advised people to avoid the probate "racket" by using an inter vivos trust. Dacey was a financial planner from Connecticut, not a lawyer. When he began advising his clients to use inter vivos trusts, the Connecticut Bar Association filed an unauthorized practice of law charge against him. In response Dacey published his book, whi...
From the Archives 63: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 4 (1963) 01.03.2019 18:52
In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote Fanny Hill while he was confined in a London debtor's prison, and it is considered the first pornographic novel. It is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute. Fanny Hill was...
From the Archives 62: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 3 (1963) 01.03.2019 22:03
In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote Fanny Hill while he was confined in a London debtor's prison, and it is considered the first pornographic novel. It is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute. Fanny Hill was...
Maybell Romero on Profit-Driven Prosecution 01.03.2019 34:02
In this episode, Maybell Romero , Assistant Professor at the Northern Illinois University College of Law, discusses her article " Profit-Driven Prosecution and the Competitive Bidding Process ," which was published in the Journal of Criminal Law and Criminology. Romero begins by observing that many municipalities have privatized criminal prosecution, contracting out the job of prosecutor to the lo...
Chris Sagers on United States v. Apple & the Purpose of Antitrust Law 28.02.2019 1:17:51
In this episode, Christopher L. Sagers , Professor of Law at Cleveland State University Cleveland-Marshall College of Law, discusses his new book, "United States v. Apple: Competition in America," which will be published by Harvard University Press. The book uses the United States v. Apple antitrust case to investigate antitrust policy and whether it is consistent with how people think about compe...
From the Archives 61: Memoirs of Fanny Hill: Unexpurgated Dramatization of the Famous and Classic Memoirs of a Woman of Pleasure, Part 2 (1963) 27.02.2019 22:27
In 1748, the English writer John Cleland published the novel "Memoirs of a Woman of Pleasure," popularly known as "Fanny Hill." Cleland wrote the novel while he was confined in a London debtor's prison, and it is considered the first pornographic novel. Fanny Hill is an "epistolary novel," consisting of two letters from Fanny Hill to an unnamed friend, describing her youth as a prostitute. Fanny H...
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