Ipse Dixit

In this episode, Greg Day , Assistant Professor of Legal Studies at the Terry College of Business, and Abbey Stemler , Assistant Professor of Business Law and Ethics at Indiana University Kelley School of Business, discuss their article " Are Dark Patterns Anticompetitive? " This article explores how online platforms utilize tactics to manipulate the attention cycle of their users and invade decis...

In 1956, Eastman-Rochester Pops Orchestra & Chorus, conducted by Howard Hanson, recorded "The Testament of Freedom" (Four Passages From the Writings of Thomas Jefferson) and "Songs From 'Drum Taps'" (Poems By Walt Whitman). The LP was published by Mercury, as part of American Music Festival, Vol. 1. This recording is available on archive.org . Thanks to Mike Overby for suggesting this recordin...

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses her experiences with online legal education. Roberts created an online trademarks class, offered to students at any law school, which she has taught twice. She explains how she designed and created the class, and reflects on what she has learned about online...

In this episode, Lucy Jewel , Professor of Law and Director of Legal Writing at the University of Tennessee College of Law, discusses her article " Does the Reasonable Man Have Obsessive Compulsive Disorder? ," which was published in the Wake Forest Law Review. Jewel begins by describing the origins of the "reasonable man" concept, and its role in legal doctrine. She reflects on the ideological as...

In this episode, Edward W. De Barbieri , Associate Professor of Law and Director of the Community Economic Development Clinic at Albany Law School, discusses his draft article "Opportunism Zones." De Barbieri begins by explaining what "opportunity zones" are and why they were created. He observes that they present the risk of abuse, and that in the absence of reporting requirements, it is impossib...

In this episode, Michael J.Z. Mannheimer , Professor of Law at Northern Kentucky University Chase College of Law, discusses his article " The Unusual Case of Anthony Chebatoris: The 'New Deal for Crime' and the Federal Death Penalty in Non-Death States ," which will be published in the Syracuse Law Review. Mannheimer begins by explaining why the death penalty presents a federalism problem, when fe...

In this episode,  Aaron Roth  and  Michael Kearns , both professors of computer science at the University of Pennsylvania, discuss their new book,  The Ethical Algorithm  (Oxford U. Press 2020). This wide-ranging interview covers issues related to privacy, fairness, and explainable algorithms. The interview has three parts. First, Aaron and Michael explain the goal, proces...

Part 1: The Perils of Cronyism A summary of the Supreme Court's place in United States society through the lenses of white supremacy and the process of nominating new justices. It covers the development of African-American-driven civil rights case law as a pressure on American politics. Ultimately, Part 1 is about what lead to the Warren Court's famously liberal rulings, the effects those rulings...

In this episode, Dr. Jill Goldenziel , Associate Professor at the Marine Corps University-Command and Staff College and Distinguished Senior Scholar at the University of Pennsylvania's Fox Leadership International Program, discusses her draft article "Law as a Battlefield: The US, China, and the Global Escalation of Lawfare." Goldenziel begins by explaining what "lawfare" is and how states use law...

In this episode, Justin (Gus) Hurwitz , Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Law Program at the University of Nebraska College of Law, discusses his article "Madison and Shannon on Social Media" and his work in progress "An Information Theory of Information Pollution." Hurwitz begins by explaining what information theory is and how it conceptualizes the trans...

In this episode, Anthony Schutz , Associate Professor of Law at the University of Nebraska College of Law, discusses his work on natural resource districts and the management of natural resources by local governments. Schutz begins by explaining what a natural resources district is and how they function in Nebraska. He describes his experiences serving as an elected member of a natural resources b...

In this episode, Jack M. Beard , Associate Professor of Law and Co-Director of the Space, Cyber, and Telecom Program at the University of Nebraska College of Law, discusses his work on the Woomera Manual on the International Law of Military Space Operations. Beard begins by identifying the sources of the international law governing outer space. He describes the Woomera Manual project to provide a...

On February 20, 2020, Brian L. Frye , Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, was invited to visit the Nebraska College of Law , to deliver a faculty talk and interview some members of the Nebraska Law faculty about their scholarship. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Alexandra L. Klein , Visiting Assistant Professor of Law at Washington & Lee University School of Law, discusses her article "Nondelegating Death." Klein begins by describing the nondelegation doctrine, its purpose, and history. She explains how nondelegation is relevant to the death penalty. And she observes that legislatures often delegate decisions about methods of executio...

In this episode, Sarah Sherman-Stokes ( @sshermanstokes ), Lecturer and Clinical Instructor and Associate Director of the Immigrants’ Rights and Human Trafficking Clinic at Boston University School of Law, discusses her new article “Third Country Deportation,” forthcoming this spring in the Indiana Law Review. Prof. Sherman-Stokes begins by orienting the listener to different forms of “shadow depo...

On January 5, 2020, at the Association of American Law Schools Annual Conference, the Section of Intellectual Property and the Section on Art Law co-hosted a panel on "Museums, Virtual Museum, and Intellectual Property." Brian L. Frye was a panelist, and presented a talk titled, "The Trouble With Conceptual Art." He argued, inter alia , that museums should consider whether the purchase and sale of...

In this episode, William J. Magnuson , Associate Professor of Law at Texas A&M University School of Law, discusses his book, " Blockchain Democracy: Technology, Law and the Rule of the Crowd ," which is published by Cambridge University Press. Magnuson begins by explaining what blockchain and bitcoin are, how they work, and why people find them compelling. He describes the origins of blockchai...

In this episode, Zachary D. Kaufman , Associate Professor of Law and Political Science at the University of Houston Law Center , discusses his article " Protectors of Predators or Prey: Bystanders and Upstanders Amid Sexual Crimes ," which is published in the Southern California Law Review. Kaufman begins by describing "bad samaritan" laws, or laws that punish the failure to intervene to prevent o...

In this episode, my colleague  Aníbal Rosario-Lebrón , Assistant Professor of Lawyering Skills at Howard University School of Law, discusses his new article, "Evidence’s #MeToo Moment." Aníbal argues why the Federal Rules of Evidence related to character for truthfulness evidence need to be revised. While these rules are facially neutral, Aníbal explains that they arise from a false prem...

In this episode, Bridget C.E. Dooling , Research Professor at the George Washington University Regulatory Studies Center, discusses her draft article "Bespoke Regulatory Review." Dooling begins by describing the Office of Information and Regulatory Affairs (OIRA) and what it does. She explains the difference between independent and non-independent agencies, and how OIRA interacts with them differe...

In this episode, Elizabeth D. Katz , Associate Professor of Law at Washington University in St. Louis School of Law, discusses her article " 'Racial and Religious Democracy': Identity and Equality in Mid-Century Courts ," which will be published in the Stanford Law Review. Katz begins by explaining the legal relationship between race and religion in the early 20th century and how it differed from...

In this episode, Tabrez Y. Ebrahim , Associate Professor of Law at California Western School of Law, discusses his draft article, "Intellectual Property Through a Non-Western Lens: The Case of Patents in Islamic Law." Ebrahim begins by explaining the structure of Islamic jurisprudence and how it conceptualizes property rights. He asks, "What is the appropriate construct of patents in Islamic law t...

In this episode,  Christopher J. (CJ) Ryan, Jr.,  Associate Professor at Roger Williams University School of Law, discusses his scholarship on law school indebtedness, the public service loan forgiveness (PSLF) program, and their effects on law students’ career choices. CJ argues that the PSLF program can help counter “public interest drift” and solve the access to justice gap. His work...

In this episode, Megan T. Stevenson , Assistant Professor of Law at George Mason University Antonin Scalia Law School, discusses her article " Algorithmic Risk Assessment in the Hands of Humans ," which she co-authored with Jennifer L. Doleac. Stevenson begins by explaining how and why courts traditionally sentenced criminal defendants, focusing on the goal of incapacitation, which requires an ass...

In this episode, John M. Newman , Associate Professor of Law at the University of Miami School of Law, discusses his article " Procompetitive Justifications in Antitrust Law ," which was published in the Indiana Law Journal. Newman begins by explaining the purpose of antitrust law, and how courts use the "rule of reason" to determine whether particular conduct violates antitrust law. He describes...