Ipse Dixit

In this episode, Christine Abely , faculty fellow at New England Law Boston, discusses her article " E-Commerce Transactions and Country of Origin Marking for Imported Products: A Gap Between Statutory Purpose and Legal Requirements ," which is published in the Virginia Journal of International Law. Abely describes the history of country of origin designations in customs law, and how they were int...

In this episode, Joan Howarth , Distinguished Visiting Professor at University of Las Vegas William S. Boyd School of Law and Dean Emerita of Michigan State University College of Law, discusses her article " First and Last Chance: Looking for Lesbians in Fifties Bar Cases ," which is published in the Souther California Review of Law and Women's Studies. Howarth begins by discussing the cases and a...

In this episode, Bernard Sharfman and Vincent Deluard discuss their article, " How Discretionary Decision-Making Has Created Performance and Legal Disclosure Issues for the S&P 500 Index ." Bernard Sharfman is a Senior Corporate Governance Fellow at the RealClearFoundation, a member of the Journal of Corporation Law’s editorial advisory board, and a former Visiting Assistant Professor of Law a...

In this episode, Ross B. Nodurft , Senior Director of Cybersecurity Services at Venable LLP, Alexander Botting, Senior Director of International Cybersecurity Services at Venable LLP, and Amy Mahn, an international policy specialist in the United States Department of Commerce National Institute of Standards and Technology (NIST) Applied Cybersecurity Division, discuss cybersecurity risk management...

In this episode, Etienne C. Toussaint , Associate Professor of Law at the University of the District of Columbia David A. Clarke School of Law, discusses his article " Blackness as Fighting Words ," which is published in the Virginia Law Review Online. Toussaint begins by explaining how the First Amendment "fighting words" doctrine resonates with Black experience of policing and racial injustice....

In this episode, Evan Bernick , Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown University Law Center, discusses his article " Eliminating Constitutional Law ," which will be published in the South Dakota Law Review. Bernick begins by briefly describing the different ways legal theorists talk about the concept of law and how they are dif...

In this episode, David A. Friedman , Associate Dean for Strategic Initiatives and Professor of Law at Willamette University College of Law, discusses his article " Do We Need a Bar Exam ... for Experienced Lawyers? ," which will be published in the UC Irvine Law Review. Friedman begins by describing the controversy that erupted over the administration of the bar exam during the Covid pandemic. He...

In this episode, Ryan Muldoon , Director of the Philosophy, Political Science and Economics Program and Associate Professor of Philosophy at the University of Buffalo, discusses his work on club goods and democracy. Muldoon begins by explaining how club goods are different from private and public good. He observes that club goods can both increase and decrease equity and efficiency. He reflects on...

In this episode, Rachel E. Lopez , Director of the Andy and Gwen Stern Community Lawyering Clinic and Associate Professor of Law at Drexel University Thomas R. Kline School of Law, discusses her essay " Unentitled: The Power of Designation in the Legal Academy ," which will be published in the Rutgers Law Review. Lopez explains why academic titles matter, and how they reify academic hierarchies. S...

In this episode, Anya Bernstein , Professor of Law at SUNY Buffalo School of Law, and Glen Staszewski , Professor of Law and A.J. Thomas Faculty Scholar at Michigan State University College of Law, discuss their article " Judicial Populism ," which will be published in the Minnesota Law Review. Bernstein and Staszewski begin by explaining what they mean by populism, and why they think it is antide...

In this episode, Cynthia Meyers , Professor of Communication at the College of Mount Saint Vincent, discusses her work on the history of radio blacklisting , including her book " A Word from Our Sponsor: Admen, Advertising, and the Golden Age of Radio ." Meyers explains how and why the blacklist worked, focusing on the incentives of sponsors, broadcasters, writers, and performers. She provides cri...

In this episode, Brian N. Larson , Associate Professor of Law at Texas A&M University School of Law, discusses his article " Endogenous and Dangerous ," which will be published in the Nevada Law Journal. Larson begins by observing that judicial opinions often include endogenous citations, or citations that don't appear in the briefing of either party. He presents the results of an empirical st...

In this episode, David P. Weber , Professor of Law at Creighton University School of Law, discusses his article " Athletes in Transit: Why the Game is Different in Sports and the Visas Should be Too ," which will be published in the Tulane Law Review. Weber begins by noting the scholarly consensus that immigration is generally a net positive to the national economy, and observes that this is espec...

In this episode, Noah Chauvin , a recent graduate of William & Mary Law School and a current judicial clerk, discusses his scholarship on free speech, including his article " Governments 'Erasing History' and the Importance of Free Speech ," which will be published in the Northern Illinois University Law Review, and his book review, " Anthony Leaker's Against Free Speech: Shadowboxing with Fre...

In this episode, Jamie Abrams , Professor of Law at the University of Louisville Brandeis School of Law, discusses her articles "Legal Education's Curricular Tipping Point," which will be published in the Hofstra Law Review, and " Feminist Pedagogy in Legal Education ," which will be published in the Oxford Handbook of Feminism and Law in the United States. Abrams begins by explaining how feminism...

In this episode, Seth G. Benzell , Assistant Professor at Chapman University Argyros School of Business and Economics, discusses his work on how to understand and regulate Facebook, which he co-authored with Avinash Collis. You can read their article, " How to Govern Facebook: A Structural Model for Taxing and Regulating Big Tech ," or their white paper, " Modeling Effective Regulation of Facebook...

In this episode, Kurt Schneider , former CEO of the Harlem Globetrotters, entrepreneur, and host of the Smart Drivel podcast, discusses the entertainment industry, his experiences working with lawyers, and his love of martinis. Schneider begins by explaining his background in the entertainment industry at Disney, WWE, and the Harlem Globetrotters, among other companies. He reflects on his experien...

In this episode, Amy Cyphert , Lecturer in Law and Director of the ASPIRE Office at the West Virginia University College of Law, discusses her article " Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk ," which is published in the Seton Hall Law Review. Cyphert begins by explaining how the First Step Act changed the way the Department of Justice makes decisions about...

In this episode, Cathay Y. N. Smith , Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article " Weaponizing Copyright ." Smith begins by explaining that "weaponizing" copyright is using it for non-copyright ends. In theory, copyright is supposed to be about ensuring that copyright owners reap the economic value of the works they own. But sometimes,...

In this episode, Evan Bernick , Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown , discusses his article " Constitutional Hedging ." Bernick begins by explaining that "constitutional hedging" is when judges consider the merits and demerits of multiple theories of constitutional interpretation when deciding how to answer a question, rather...

In this episode, J. Remy Green , a partner at Cohen & Green PLLC and a teacher at Boston University Law and Baruch College at the City University of New York, and Austin A. Baker , a postdoctoral assistant professor at the Rutgers Center for Cognitive Science, discuss their article "There is No Such Thing as a Legal Name: A Strange, Shared Delusion." They begin by explaining how there is no un...

In this episode, Brian L. Frye , Spears-Gilbert Professor of Law at the University of Kentucky College of Law, discusses the history of his professional career and the relationship between his art practice and his legal scholarship. Among other things he reflects on how he became interested in the law and how he became a copyright scholar. He explains how fair use could help art historians . And h...

In this episode, Michael Dunford , a PhD student at Queen Mary University of London, discusses his copyright scholarship and his role as a copyright educator on Twitter. Dunford begins by explaining his path to studying copyright law. He describes the thesis of his dissertation, which reflects on why it's so hard to solve the policy problem posed by fanworks. He also discusses how he became an imp...

In this episode, Nicholas Bagley , Professor of Law at the University of Michigan Law School, discusses his article " The Procedure Fetish ," which was published in the Michigan Law Review. Bagley begins by observing that administrative procedure has both costs and benefits. He argues that we fetishize administrative procedure, telling ourselves it provides benefits it can't deliver, at the cost o...

In this episode, Teneille Ruth Brown, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses her article " Denying Death ," which was published in the Arizona Law Review. Brown begins by explaining how she became interested in writing about the information doctors give cancer patients. She explains how and why doctors often given cancer patients misleading information ab...