Ipse Dixit

In 2016, the Harvard Law Review published an essay by Charles Colman titled " About Ned ." Here is the abstract: In this essay, I explore the possibility that the storied article "The Right to Privacy," 4 Harv. L. Rev. 193 (1890), might have come into existence in part because of lead author Sam Warren's powerful drive to protect his younger siblings -- and, in particular, his gay brother Ned. For...

In 1993, Aharon Barak, former chief justice of the Israeli Supreme Court, published an article entitled " Hermeneutics and Constitutional Interpretation " in the Cardozo Law Review. He provided a theory of constitutional interpretation based upon the discretion of judges, contrasting objective and subjective interpretations of constitutional texts. This episode of Lex Phonographica was read by Luc...

In January 1977, United States Supreme Court Justice William J. Brennan Jr. published an article titled " State Constitutions and the Protections of Individual Rights " in the Harvard Law Review. He noted an emerging trend of state courts finding greater protection of individual liberties in their state constitutions than in the federal constitution, and was a notable article regarding federalism...

In 1988, the editors of the University of Pennsylvania Law Review published an aside titled " Don't Cry Over Filled Milk: The Neglected Footnote Three to Carolene Products ." It provided a trenchant critique of legal citation practices as described in the Bluebook through a satirical examination of footnote three of United States v. Carolene Products , and has been cited with relative frequency by...

In December 1890, Samuel D. Warren and Louis D. Brandeis published an article titled, " The Right to Privacy " in the Harvard Law Review. It became one of the most influential law review articles ever written, and shaped the development of privacy and publicity rights. This episode of Lex Phonographica was read by Brian L. Frye . Hosted on Acast. See acast.com/privacy for more information.

Jack Leo Van Impe is an American televangelist born in 1931. He is best known for his weekly television series "Jack Van Impe Presents," which is available at the Jack Van Impe Ministries International website . Van Impe has also recorded and released many recordings on his own imprint. In this 1973 LP he relied on his interpretation of the Bible to predict an imminent war with Soviet Union. Hoste...

In this episode, Léonid Sirota , Senior Lecturer at the Auckland University of Technology Law School, discusses his work on Canadian constitutional law. He begins by describing the sources of Canadian constitutional law, when they were adopted, and which institutions have interpreted them. He explains that the prevailing view of Canadian constitutional law rejects originalist methods of interpreta...

On August 21, 1963, Lee Harvey Oswald (1939-1963) appeared in a debate on WDSU-FM New Orleans. The debate was moderated by WDSU radio commentators Bill Slatter and Bill Stuckey. Oswald represented the New Orleans branch of the Fair Play for Cuba Committee, of which he was the only member. He debated Carlos Bringuier , the leader of the New Orleans branch of the Student Revolutionary Directorate (D...

In this episode, Jorge L. Contreras , Professor of Law at the University of Utah S.J. Quinney College of Law, discusses his draft article " Sui-Genericide ." Contreras begins by explaining the difference between trademarks and generic terms, and how generic terms relate to the public domain in copyright and patent. He discusses how "genericide" can turn strong trademarks into generic terms. But he...

In this episode, Dr. Anat Alon-Beck , Assistant Professor of Law at Case Western Reserve University School of Law , discusses her article " Unicorn Stock Options - Golden Goose or Trojan Horse? ," which will be published in the Columbia Business Law Review. Alon-Beck begins by describing what a "unicorn" company is. She explains how technology startups have traditionally compensated their employee...

In this episode, Jennifer D. Oliva , Associate Professor of Law at Seton Hall University School of Law, discusses her new article “ Prescription Drug Policing: The Right to Protected Health Information Privacy Pre- and Post- Carpenter ,” forthcoming in the Duke Law Journal . Prof. Oliva begins the discussion explaining how common inaccuracies in understanding the current overdose epidemic (focusin...

In this episode, Alexa Z. Chew , Clinical Associate Professor of Law at the University of North Carolina School of Law, and Kevin Bennardo, Clinical Associate Professor of Law at the University of North Carolina School of Law, discuss their article " Citation Stickiness ," which will be published in the Journal of Appellate Practice & Process. Chew and Bennardo begin by explaining what citatio...

Adlai Ewing Stevenson II (1900-1965) was an American lawyer, politician, and diplomat, who was a leader of the progressive wing of the Democratic Party. Stevenson was born in Los Angeles, California. His grandfather Adlai Ewing Stevenson I was Vice President of the United States under President Grover Cleveland from 1893 to 1897. Stevenson graduated from Princeton University and briefly atten...

In this episode, Orin Kerr , Professor of Law at the University of California Berkeley School of Law, discusses his path into legal academia and offers advice for aspiring academics and junior scholars. Among other things, Kerr describes his early career and how his research has evolved over time. Kerr also offers advice on how to write and think effectively as a legal scholar, as well as some tip...

In this episode, Samuel D. Brunson , Georgia Reithal Professor of Law at Loyola University Chicago School of Law, discusses his book " God and the IRS: Accommodating Religious Practice in United States Tax Law ," which is published by Cambridge University Press. Brunson begins by explaining how the Constitution limits the government's ability to burden and benefit religion, as well as how courts e...

In this episode, Dr. Daniela Simone , Lecturer in Law and Co-Director of the Institute of Brand and Innovation Law at University College London Faculty of Laws, discusses her book " Copyright and Collective Authorship: Locating the Authors of Collaborative Work ," which is published by Cambridge University Press. Simone begins by explaining what copyright protects and why. She discusses how copyri...

In this episode, Allison Anna Tait , Associate Professor of Law at the University of Richmond School of Law, discusses her article " The Law of High-Wealth Exceptionalism ," which will be published in the Alabama Law Review. Tait begins by describing "family constitutions," which extremely high-wealth families use in order to help preserve their wealth and facilitate dispute resolution. She observ...

In this episode, Ed Timberlake , a former Trademark Examining Attorney and Copyright Examiner who currently practices trademark and copyright law, discusses his article "#Trademarks Twitter Addresses a Gap in the Literature," which was published in the Idaho Law Review. Timberlake begins by describing what trademarks do and how they are created. He explains the purpose of trademark registration an...

In this Episode, we talk with June Carbone , Robina Chair in Law, Science and Technology at the University of Minnesota Law School. Carbone first explains how she broke into the legal academy, and how the hiring process has changed over the past 25 years. She continues by discussing what makes a good law review article, and how to engage with empirical research as a young scholar. Carbone also dis...

In this episode, Howard Kislowicz , Associate Professor of Law at the University of Calgary Faculty of Law, discusses his article " Recontextualizing Ktunaxa Nation v. British Columbia: Crown Land, History and Indigenous Religious Freedom ," which was co-authored with Senwung Luk and published in the Supreme Court Law Review. Kislowicz begins by explaining the source of protection of religious fre...

Dr. Kenneth W. McFarland (1906-1985) was a teacher, public speaker, author, and conservative pundit. He was born in Caney, Kansas, received a bachelor’s degree from Pittsburg State College of Kansas in 1927, a master’s degree from Columbia University in 1931, and a doctorate from Stanford University in 1940. Eventually, he became the superintendent of the Topeka, Kansas school system, and was the...

In this episode, Mark Lemley , William H. Neukom Professor of Law at Stanford Law School, Director of the Stanford Program in Law, Science and Technology, and Partner at Durie Tangri , discusses his views on legal scholarship. Lemley begins by describing his own experience coming up into the legal academe, and how law practice and exposure to diverse ideas stimulate his scholarship on a broad rang...

In this episode, Doron Dorfman , Associate Professor of Law at Syracuse University College of Law , discusses his article " [Un]Usual Suspects: Deservingness, Scarcity, and Disability Rights ," which will be published in the UC Irvine Law Review. Dorfman begins by explaining his work on disability studies, health law, and law & psychology. He briefly explains the basis for modern disability la...

In this episode, Mila Sohoni , Professor of Law at the University of San Diego School of Law, discusses her article " The Trump Administration and the Law of the Lochner Era ," which was published in the Georgetown Law Journal. Sohoni begins by describing what the Lochner era is, how Lochner v. New York came to define an era of jurisprudence, and how that era is conventionally understood. She comp...

Students for a Democratic Society (SDS) is a leftist student organization. It was founded in 1960, but originated in the Intercollegiate Socialist Society , which was founded in 1905. SDS rapidly grew and had more than 300 chapters in 1969, when it fractured into factions. Among other things, members of the organization disagreed about whether it should prioritize feminism, or anti-racist and anti...