Ipse Dixit

In this episode, Miriam Baer , Professor of Law at Brooklyn Law School, discusses her articles " Sorting Out White-Collar Crime ," which was published in the Texas Law Review and " Insider Trading's Legality Problem ," which was published in the Yale Law Journal Forum. Baer begins by explaining that state criminal law statues typically "sort" crimes into different degrees of severity, but federal...

In this episode, Doriane Lambelet Coleman , Professor of Law at Duke Law School, discusses her article " Sex in Sport ," which was published in a special issue of Law and Contemporary Problems devoted to the subject of sex in sport. Coleman begins by discussing the differences between sex and gender and why the distinction is relevant in the elite sports space. She goes on to detail the ratio...

In this episode, Meredith Rose , Policy Counsel at Public Knowledge , discusses her work on the licensing regime for streaming music over the internet. She begins by explaining how copyright in music works and who owns the different copyright interests in a typical song. She describes how and why licensing music for internet streaming differs from licensing music for broadcast radio. She identifie...

In about 1964, Donald Lester Jackson (1910-81) recorded an LP titled " Will the Real Lyndon Johnson Please Stand Up? " for Key Records . Jackson was a former member of the United States House of Representative from California, who was first elected in 1946. Jackson was a member of the House Un-American Activities Committee, appointed to replace Richard Nixon, when he was elected to the Senate. Amo...

In this episode, Whitney Strub , Associate Professor of History and Director of Women's and Gender Studies at Rutgers University Newark, discusses his article " Sanitizing the Seventies: Pornography, Home Video, and the Editing of Sexual Memory ," which was published in Feminist Media Histories. Strub begins by describing the media ecology of pornography during the 1970s and 80s, and how media mig...

In this episode, Camilla Hrdy , Associate Professor of Law at the University of Akron School of Law, discusses her article " The General Knowledge, Skill, and Experience Paradox ," which will be published in the Boston College Law Review. Hrdy begins by explaining what a trade secret is and when trade secrets are protected and can be enforced. Then she discusses exceptions to trade secret protecti...

In this episode, Josh Bolick , Scholarly Communication Librarian in the University of Kansas Shulenburger Office of Scholarly Communication & Copyright, discusses his article " Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargo ," which was published in the Journal of Copyright in Education and Librarianship. Bolick begins by explaining how academic publishing work...

In this episode, Camden Hutchison , Assistant Professor of Law at the University of British Columbia Peter A. Allard School of Law, discusses his articles " Corporate Law Federalism in Historical Context: Comparing Canada and the United States ," which will be published in the McGill Law Journal, and " The Patriation of Canadian Corporate Law ," which will be published in the University of Toronto...

In this episode, Stephen E. Sachs , Professor of Law at Duke University School of Law , discusses his article " Finding Law ," which was just published in the California Law Review. Sachs begins by explaining the conceptual difference between "making" and "finding" law, and why his argument that it is possible for judges to find law is controversial. He describes the legal realist argument that ju...

In this episode, Orly Lobel , Don Weckstein Professor of Labor and Employment Law at the University of San Diego School of Law, discusses her book " You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side ," which is published by W.W. Norton & Company. Lobel begins by explaining the background of Mattel v. MGA, which pitted the maker of the iconic Barbie doll against the m...

In this episode, David A. Simon, Project Researcher at the Hanken School of Economics and Visiting Assistant Professor at the University of Kansas School of Law, discusses his article "Analogies in IP: Moral Rights," which will be published in the Yale Journal of Law and Technology. Simon begins by explaining what "moral rights" are in copyright law, and how they differ from the traditional econom...

In this episode, Amy Werbel , Associate Professor of Art History at the Fashion Institute of Technology, discusses her recent book " Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock ," which is published by Columbia University Press. Werbel begins by explaining who Anthony Comstock was and why he played such an important role in creating and enforcing obs...

In this episode, Shoshana Weissmann , Digital Media Manager and Fellow at the R Street Institute, discusses her work on occupational licensing reform. She explains what occupational licensing is, when it is legitimate, and when it isn't. She observes that occupational licensing often prevents people from engaging in productive economic activity for no good reason. She discusses different areas in...

In 1981, Caedmon released this LP of Justice Oliver Wendell Holmes's opinions, as read by E.G. Marshall , with commentary by Louis Nizer . The script was edited by William R. Van Gemert. The album was directed by Linda Morgenstern and produced by Daniel A. Wolfert. The album ends with an audio recording of Justice Holmes, made on the occasion of his 90th birthday, for a special radio program. Here...

In this episode, Jessica Clarke , Professor of Law at Vanderbilt University Law School, discusses her article, " They, Them, and Theirs ," which was published in the Harvard Law Review. Clarke begins by defining nonbinary gender identity and describing how nonbinary identity fits into modern civil rights doctrines. She details how nonbinary legal rights advocacy intersects with transgender and fem...

In this episode, Bruce Boyden , Associate Professor of Law at Marquette University Law School, discusses his article " Daly v. Palmer, or the Melodramatic Origins of the Ordinary Observer ," which was published in the Syracuse Law Review. Boyden's article was part of the " Forgotten Intellectual Property " symposium sponsored by Syracuse Law School. He observes that the Daly v. Palmer case provide...

Foster Emerson Sylvers (1962-) is an American singer-songwriter. He is best known for his hit single " Misdemeanor ," which was written by his brother Leon Sylvers III , and which reached #7 on Billboard's R&B charts. He has recorded 5 albums, none of which achieved the success of his debut. In 1994, Sylvers was convicted of a sex offense and incarcerated. He is currently a registered person....

In this episode, Claudia Haupt , Associate Professor of Law and Political Science at Northeastern University, discusses her article, " Professional Speech ," in the Yale Law Journal and her two successive articles, " Professional Speech and the Content-Neutrality Trap " and " The Limits of Professional Speech " published in the Yale Law Journal Forum. Haupt begins by stating the contours of profes...

In this episode, Joanna Schwartz , Vice Dean for Faculty Development and Professor of Law at the University of California, Los Angeles School of Law, discusses her article, " The Case Against Qualified Immunity ," which was published in the Notre Dame Law Review. Schwartz begins by sketching a historical timeline of the idea of qualified immunity doctrine, from common law understandings of "good f...

In this episode, Jorge Roig , Associate Professor of Law and Director of Neighborhood Programs at Touro College Jacob D. Fuchsberg Law Center, discusses his article " A Quantum Congress ," which was published in the Chicago-Kent Law Review. Roig begins by observing that democratic governance is failing: there is an irreconcilable tension between representative government and free speech, at least...

In this episode, Zachary Kramer , Associate Dean of Faculty and Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, discusses his new book " Outsiders: Why Difference is the Future of Civil Rights ," which is published by Oxford University Press. Kramer begins by explaining the traditional structure of statutory civil rights law and how it conceptualizes discrim...

In this episode, Dr. Michael P. Fix , Associate Professor of Political Science at Georgia State University, discusses his article " The Complexities of State Court Compliance with U.S. Supreme Court Precedent ," which he co-authored with Justin T. Kingsland and Matthew D. Montgomery, and published in the Justice System Journal. Fix begins by describing his empirical research on when and why state...

In this episode, Dr. Sarah Hook , a lecturer at Western Sydney University School of Law, discusses her article " Dealing fairly with parody : how literary theory can inform legal definitions ," which was published by the Australian Intellectual Property Journal. Hook begins by describing the concept of "fair dealing" under Australian copyright law and how it differs from the concept of "fair use"...

In this episode, Duncan Hollis , Professor of Law at Temple University Beasley School of Law, non-resident scholar at the Carnegie Endowment for International Peace, and member of the Organization of American States Inter-American Juridical Committee, discusses his forthcoming article " Beyond Naming and Shaming: Accusations and International Law in Cybersecurity ," co-authored with Martha Finnemo...

In this episode, Joshua Fershee , Professor of Law at the West Virginia University College of Law and Head of the Economic and Community Development Group in the West Virginia University Center for Innovation in Gas Research and Utilization, discusses his article " The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Prima...