Ipse Dixit

The Homicide Squad is a special segment of Ipse Dixit devoted to murder ballads, those delightfully grisly folk songs that tell stories about the ultimate sin. Most murder ballads are based on true stories, more or less. And many of those true stories took place in Appalachia. Each episode of the Homicide Squad will focus on a different murder ballad. I will explain the true story behind the song,...

In this episode, Bridget J. Crawford , James D. Hopkins Professor of Law at Pace University School of Law, and Emily Gold Waldman , Professor of Law and Associate Dean for Faculty Development & Strategic Planning at Pace University School of Law, discuss their article " The Unconstitutional Tampon Tax ," which will appear in the University of Richmond Law Review. Crawford and Waldman observe t...

On Sunday, February 5, 1984, Judge Stephen G. Breyer of the United States Court of Appeals for the First Circuit addressed the Congressional Copyright and Technology Symposium, making five points about copyright law and policy. A transcript of his address is available here . Among other things, Breyer reflected on his influential article, " The Uneasy Case for Copyright: A Study of Copyright in Bo...

In this episode, Irina D. Manta , Associate Dean for Research and Faculty Development, Professor of Law, and Founding Director of the Center for Intellectual Property Law at Maurice A. Deane School of Law at Hofstra University, discusses her provocative article " Tinder Lies ," which will appear in Wake Forest Law Review. Manta observes that today most people use dating apps and websites to find p...

In 1979, Magnus Records released a documentary record of the National March on Washington for Lesbian and Gay Rights and the Gay Freedom Train, created by Jok Church and Adam Ciesielski, offering the following description of the record: This is a sound-quilt made from a total of 18 hours of recording tape. It weaves spoken word with crowd sounds with interviews and music with ambient sound. As a g...

In this episode, Andrew Selbst , a Postdoctoral Scholar at Data & Society Research Institute and Visiting Fellow at the Yale Information Society Project, discusses his article " The Intuitive Appeal of Explainable Machines " (co-authored with Solon Barocas , Assistant Professor in the Department of Information Science at Cornell University), which will appear in the Fordham Law Review. Selbst...

In this episode, Nicole Pottinger , a third-year law student at the University of Kentucky and summer intern at the United States Copyright Office, discusses her experiences at the Copyright Office, the mechanics of copyright registration, and our co-authored paper " Registration is Fundamental ." Among other things, Pottinger explains what happens at the Copyright Office and why authors should co...

In this episode, Laura I. Appleman , Van Winkle Melton Professor of Law at Willamette University College of Law, discusses her article " Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration ," which will appear in the Duke Law Journal. Appleman explains the history of the concept of "disability" and how it has often led to incarceration, at one time in asy...

In 1961, the Union Oil Company of California produced an album titled "The Living Constitution of the United States." The album consists primarily of a recitation of the text of the Constitution of the United States by four men, respectively representing a northerner, an easterner, a southerner, and a westerner. A narrator also provides some explanatory context. Of course, it is accompanied by a "...

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 tha...

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. Kenne...

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 addre...

In this episode, Caitlin "Cat" Moon , Director of Innovation Design for the Program in Law and Innovation (PoLI) at Vanderbilt Law School, discusses her approach to pedagogy and teaching legal problem solving. Among other things, Moon addresses the role of mindfulness, creativity, and poetry in lawyering. And she provides practical advice about how law students can learn to become better lawyers....

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 fictio...

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 j...

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...

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...

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 s...

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 pi...

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 p...

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, lower...

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...

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...

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 t...

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 lik...