Ipse Dixit

In this episode, Athul K. Acharya , an impact litigation associate at BraunHagey & Borden LLP, discusses his article " Abstraction in Software Patents (and How to Fix It) " which is published in the John Marshall Review of Intellectual Property Law. Acharya begins by explaining what the "abstract-ideas" doctrine is and the role it plays in patent eligibility. He describes what software patents...

In this episode, D. Wendy Greene , Professor of Law at Drexel University Kline School of Law and Francis Lewis Scholar in Residence at Washington and Lee University School of Law, discusses her article " Splitting Hairs: The 11th Circuit's Take on Workplace Bans Against Black Women's Natural Hair in EEOC v. Catastrophe Management Solutions ," which was published in the University of Miami Law Revi...

In this episode, Dr. Matthew Reid Krell , an instructor in the University of Alabama Department of Political Science, discusses his article " The Power of Jury Instructions: Evidence From EEOC Cases ." Krell begins by explaining what jury instructions are and the role they play in civil litigation. He briefly discusses existing scholarship on how jury instructions affect juries and why his project...

In this episode, Dr. Leslie C. Griffin , William S. Boyd Professor of Law at the University of Nevada Las Vegas William S. Boyd School of Law, describes her path to law and, eventually, the legal academy. First, she explains her background in religious studies, and how her desire for social change spurred her interest in law school. Later she discusses how she built relationships with faculty acro...

In this episode, Daniel Brook , a journalist and author whose writing has been published in Harper's, The New York Times Magazine, and the Nation, discusses his new book, " The Accident of Color: A Story of Race and Reconstruction ," which is published by W.W. Norton & Company. Brook begins by describing the unique socio-political circumstances surrounding race in antebellum New Orleans and Ch...

In this episode, Justin Simard , a Visiting Assistant Professor at Willamette University College of Law, discusses his article "Citing Slavery," which will be published in the Stanford Law Review. Simard begins by observing that courts often cite cases involving slaves as precedent, often without even acknowledging it. He argues that this is a problem, not only because those cases are often bad la...

In this episode, Ari Glogower , Assistant Professor of Law at the Ohio State University Moritz College of Law, discusses his article " A Constitutional Wealth Tax ," which will be published in the Michigan Law Review. Glogower begins by explaining what a "wealth tax" is, and how it differs from an income tax. He explains why the constitutional requirement to apportion "direct" taxes among the stat...

In this episode, Robert L. Tsai , Professor of Law at the American University Washington College of Law and Clifford Scott Green Chair and Visiting Professor of Law at Temple University Beasley School of Law, discusses his book " Practical Equality ," which is published by W.W. Norton and Company. Tsai begins be explaining what he means by "practical equality" and how it works to shape the law. He...

In this episode, Blake Hudson , Professor of Law and A.L. O'Quinn Chair in Environmental Studies at the University of Houston Law Center, discusses his article " Denying Disaster: A Modest Proposal for Transitioning from Climate Change Denial Culture in the Southeastern United States ," which he co-authored with Evan Spencer, and published in the University of Arkansas at Little Rock Law Review. H...

In this episode, Nikolas Bowie , Assistant Professor of Law at Harvard Law School, discusses his article " Why the Constitution Was Written Down ," which was published in the Stanford Law Review. Bowie begins by explaining why the concept of a written constitution was important and its conventional origin story. He describes the charter of the Massachusetts Bay Company and how colonists came to co...

Bonnie Elizabeth Parker (1910-1934) and Clyde Chestnut Barrow (1909-1934) were American criminals, who robbed several banks and countless small stores between 1931 and May 23, 1934, when they were killed in an ambush by a posse of law enforcement officers. Bonnie and Clyde murdered 9 law enforcement officers, as well as many civilians. The sensational press coverage of their crime spree made them...

In this episode, Andrew Carter , Clinical Professor of Law at the Arizona State University Sandra Day O'Connor College of Law, discusses his article " The Case for Plagiarism ," which was published in the UC Irvine Law Review. Carter begins by explaining how plagiarism is defined and how courts have imposed plagiarism norms on practicing lawyers. He observes that judges typically fail to identify...

Willard Theadore Cantelon (1916-1999) was a Canadian preacher and writer. He was quite popular in the 1960s and 70s, writing several books and recording several LPs on religious subjects, typically addressing the financial system. Many of his ideas have become popular conspiracy theories. In 1969, he wrote a book titled "The New World Money System." He also recorded an LP on that theme, which was...

In this episode, Jeffrey Bellin , University Professor for Teaching Excellence and Robert and Elizabeth Scott Research Professor of Law at William & Mary Law School, discusses his path into and through the legal academy. He begins by explaining how his career began, how practice informed his scholarship, and how his scholarship changed over time. Later he reflects on how scholarship evolves an...

In this episode, Bennett Capers , Stanley A. August Professor of Law at Brooklyn Law School, discusses his article " Afrofuturism, Critical Race Theory, and Policing in the Year 2044 ," which was published in the New York University Law Review. Capers begins by explaining the concept of "Afrofuturism" and the role it has played in African-American thought. He describes the creation and development...

In this episode, Matthew P. Hitt , Assistant Professor of Political Science at Colorado State University , discusses his book " Inconsistency and Indecision in the United States Supreme Court ," which is published by the University of Michigan Press. Hitt begins by explaining key terms in his study of Supreme Court decisionmaking, including "decisiveness" and "consistency." He observes that Suprem...

In this episode, Matt Teichman , a full-time lecturer in the humanities at the University of Chicago and the host of the Elucidations philosophy podcast, discusses his work on generic statements and their implications for implied ethics. Teichman begins by identifying generic statements and explaining why they present a philosophical problem. He observes that generic statements are especially cont...

In this episode, Jasmine E. Harris , Acting Professor of Law at the University of California Davis School of Law, discusses her article " The Aesthetics of Disability ," which was published in the Columbia Law Review. Harris begins by explaining the source of disability law and how it is intended to both prevent discrimination against people with disabilities and rely on "contact theory" to reduce...

In this episode, Lauren van Haaften-Schick , a curator and writer from New York City and PhD Candidate in the History of Art and Visual Studies at Cornell University discusses her article " Conceptualizing Artists’ Rights: Circulations of the Siegelaub-Projansky Agreement through Art and Law ," which was published in the Oxford Handbooks Online: Law, as well as her current work on the Artists' Con...

In 1996, Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit delivered an address at the University of Chicago titled " Cyberspace and the Law of the Horse ," which was published in the University of Chicago Legal Forum. In his address, Easterbrook mocked the idea of conceptualizing "cyberlaw" as a discrete field of legal research. Drawing on Gerhard Casper's s...

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.