Ipse Dixit

In this episode, Cathay Smith , Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article Political Fair Use . Professor Smith identifies an emerging tendency among courts to give special weight to political expression in cases involving copyright infringement and fair use, and she argues that this kind of special treatment has led to important d...

In this episode, David A. Friedman , Professor of Law at Willamette University College of Law, discusses his article " Impostor Scams ," which will be published in the Michigan Journal of Law Reform. Friedman begins by explaining what an impostor scam is and describing the long history of impostor scams. He observes that impostor scams are a huge problem, and are facilitated by new technology. He...

In this episode, Sarah J. Schendel , Assistant Professor of Academic Support at Suffolk University Law School, discusses her article "What You Don't Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students," which is published in the Pace Law Review. Schendel begins by explaining what self-assessment is, how it works, and why it is essential to learning. She discus...

In this episode, Greer Donley , Assistant Professor of Law at the University of Pittsburgh School of Law, discusses her article " Contraceptive Equity: Curing the Sex Discrimination in the ACA's Mandate ," which is published in the Alabama Law Review, and was the winner of the 2019-2020 Haub Law Emerging Scholar Award in Women, Gender & Law . Donley begins by explaining what she means by "cont...

In this episode, Janet Freilich , Associate Professor of Law at the Fordham University School of Law and Visiting Associate Professor at the Boston University School of Law, discusses her new article Matching and Digging: Evidentiary Analysis at the Patent Office . Professor Freilich argues that when it comes to two important and distinct forms of evidentiary analysis—matching versus digging—...

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...