Ipse Dixit

Part 2: Nixon Scores in Court In the aftermath of the 1968 election, Richard Nixon was President of the United States and John Mitchell was his Attorney General. Chief Justice Earl Warren followed through on retiring from the Supreme Court, and Associate Justice Abe Fortas was forced out of his seat by a wave of scandal at almost the same time. In his wake, Nixon's first nominee, Warren Burger, as...

In this episode, Stephen Stanwood , a trademark lawyer based in California, discusses his work as a trademark law educator and his role in the open-access law movement. Stanwood begins by explaining how he became interested in trademark law, and how he came to start his own practice. He reflects on what he has learned about solo practice, especially in relation to his trademark education activitie...

In this episode, Akshat Agrawal, a recent graduate of the Jindal Global Law School and law clerk to Justice Pratibha M. Singh of the Delhi High Court, discusses his work on Indian copyright law, specifically focusing on copyrightable subject matter from an anti-colonialist perspective. Agrawal describes the sources of Indian copyright law and the current state of Indian copyright doctrine. He obse...

In this episode, Tiffany C. Li , Visiting Clinical Assistant Professor at Boston University School of Law and a fellow at the Yale Information Society Project, discusses her article "Privacy in Pandemic: Law, Technology, and Public Health in the Covid-19 Crisis." Li begins by identifying the many ways in which the current pandemic implicates privacy law, from testing and contract tracing to distan...

In this episode, James M. Maloney , an attorney and adjunct professor at SUNY Maritime College, discusses his work on nunchaku law and the Second Amendment, as well as his career in the maritime industry. He begins by explaining what nunchaku are, how he became interested in them, and why they were illegal under New York law. He describes the circumstances of his arrest and conviction for the poss...

In this episode, Monica D. Reida, a law student at Marquette University Law School, discusses their article "You Must Roll 18 or Higher for Your Claims to Succeed: Common Law Trademarks, Unauthorized Merchandise, and the Podcast 'The Adventure Zone.'" Reida begins by describing The Adventure Zone podcast & how its producers think about their ownership and control of its elements. They discuss...

In this episode, Meera E. Deo , Professor of Law at Thomas Jefferson School of Law, discusses her book " Unequal Profession: Race and Gender in Legal Academia ," which is published by Stanford University Press. Deo begins by describing her research & her methodology. She explains how the hiring & promotion process in legal academia discriminates against women & people of color. And she...

In this episode, Bernice Espinoza, removal defense staff attorney with Vital Immigrant Defense and Advocacy Services (VIDAS Legal) of Sonoma County, shares her story of a life-long dedication to activism and advocacy. After law school, she became a public defender and a crimmigration specialist, eventually joining VIDAS to provide critical legal services to the immigrant community. Espinoza has al...

In this episode, Andrew Jennings , a Lecturer in Law and the Teaching Fellow for the Corporate Governance & Practice program at Stanford Law School, and the founder of the Business Scholarship Podcast , discusses his experiences as a legal scholarship podcast host. He explains how he became interested in podcasting, how he conceptualized the Business Scholarship Podcast, and what he has learne...

In this episode, Lea Brilmayer , Howard M. Holtzmann Professor of Law at Yale Law School, and Daniel B. Listwa , a litigation associate at Wachtell, Lipton, Rosen & Katz, discuss their article " A Common Law of Choice of Law ," which will be published in the Fordham Law Review. They begin by explaining why choice of law questions are so important to the resolution of legal disputes. They descr...

In this episode, Christopher Jon Sprigman , Professor of Law at New York University School of Law, discusses his article " Congress's Article III Power and the Process of Constitutional Change ," which will be published in the NYU Law Review. Sprigman begins by explaining how Article III of the Constitution permits Congress to drastically limit the Supreme Court's jurisdiction. He argues that Cong...

In August 2020, David Hoffman , Professor of Law at the University of Pennsylvania Carey Law School, and Tess Wilkinson-Ryan , Professor of Law and Psychology at the University of Pennsylvania Carey Law School, launched Promises, Promises , a podcast on contract law. This is an episode in which they discuss the case Jacob & Youngs, Inc. v. Kent , 230 N.Y. 239 (1921) . Hosted on Acast. See acas...

In this episode, Jeffrey Lipshaw , Professor of Law at Suffolk University Law School, discusses his article " The False Dichotomy of Corporate Governance Platitudes ," which will be published in the Journal of Corporation Law. Lipshaw begins by discussing his background as a corporate lawyer and how it informs his perspective on corporate law theory. He describes the dominant shareholder wealth ma...

In this episode,  Leigh Goodmark , Marjorie Cook Professor of Law and Co-Director of the Clinical Law Program at the University of Maryland Carey School of Law, discusses her book  Decriminalizing Domestic Partner Violence: A Balanced Policy Approach to Intimate Partner Violence . Goodmark begins by discussing the history of prosecution of domestic violence in the United States and...

In this episode, Susan E. Provenzano , William Trumbull Professor of Practice at Northwestern University Pritzker School of Law, discusses her article " Can Speech Act Theory Save Notice Pleading? ," which will be published in the Indiana Law Journal. Provenzano begins by describing the history of notice pleading, and how it was changed by Twombly and Iqbal . She breaks down how the introduction o...

In this episode, Julie Tamerler , a recent graduate of Villanova University Charles Widger School of Law and incoming judicial law clerk, discusses her article " Indoor Rock Climbing: The Nuts and Bolts of Routesetting Copyright Protection Post-Star Athletica ," which will be published in the Jeffrey S. Moorad Sports Law Journal. Tamerler begins by explaining how indoor rock climbing routes are cr...

In this episode, Matthew Reid Krell , Lecturer in the Faculty of Law at the University of the West Indies, Cave Hill Campus, discusses the article " Plagiarism is Not a Crime " (Duquesne Law Review) with its author, Brian L. Frye , Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Krell begins by summarizing the article, and explaining why he found some of the arguments...

In this episode, Raff Donelson , Assistant Professor of Law at Penn State Dickinson Law, discusses his draft article "Natural Punishment." Donelson begins by describing the concept of natural punishment, and why the existence of a natural punishment should diminish the need for other forms of punishment. He explains how the application of natural punishment would work in practice. And he reflects...

In this episode, Sarah L. Swan , Assistant Professor of Law at Florida State University College of Law, discusses her article " Discriminatory Dualism ," which is published in the Georgia Law Review. Swan begins by describing what she means by discriminatory dualism, how it differs from other kinds of discrimination, and how it has manifested in policing, housing, and sexual harassment. She explai...

In this episode, Rebecca M. Bratspies , Professor of Law at CUNY School of Law and founding director of the CUNY Center for Urban Environmental Reform , and Charlie LaGreca-Velasco , an artist and founder of Comic Book Classroom, Denver Comic Con, and the Denver Independent Comics and Art Expo, discuss their " Mayah's Lot " comic book on environmental justice, as well as related comic book project...

In this episode, Marsha Griggs , Associate Professor of Law and Director of Academic Support and Bar Passage at Washburn University School of Law, discusses her article " An Epic Fail ," which will be published in the Howard Law Journal. Griggs begins by recounting the history of the bar exam. She briefly describes how the pandemic affected the administration of the bar exam this year. She explain...

In this episode, Stanley Fish , Professor of Law at Florida International University College of Law and Floersheimer Distinguished Visiting Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law , discusses his new book " The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump ," which is published by Simon & Schuste...

In this episode, Kiel Brennan-Marquez , Associate Professor of Law and William T. Golden Scholar at the University of Connecticut School of Law, discusses his draft article " Revitalizing Stare Decisis ." Brennan-Marquez begins by explaining why the doctrine of stare decisis is in a crisis moment, and why he thinks that is a problem. He proposes an alternative way of conceptualizing stare decisis,...

In this episode, Sara Mayeux , Associate Professor of Law at Vanderbilt Law School, discusses her book " Free Justice: A History of the Public Defender in Twentieth-Century America ," which is published by the University of North Carolina Press. Mayeux begins by describing the origins of the modern concept of the public defender in the Gilded Era. She explains how and why the idea was rejected, an...

In this episode, Daxton R. "Chip" Stewart , Professor of Journalism in the Bob Schieffer College of Communications at Texas Christian University, discusses his new book, " Media Law Through Science Fiction: Do Androids Dream of Electric Free Speech? ," which is published by Routledge. Stewart begins by describing how he became interested in studying the law through the lens of science fiction, and...