Ipse Dixit

In this episode, Matthew Steilen, Professor of Law at the University of Buffalo School of Law, discusses his draft article "Magna Carta and the Origins of Legislative Power," which is part of a book project. Steilen begins by explaining the origins and purpose of Magna Carta. He then focuses on Chapter 12 of Magna Carta, which requires "common counsel." He explains why the conventional wisdom about the meaning of Chapter 12 is wrong, and how it was really about requiring spirited debate. He reflects on why that was important and how it informed the development of legislative speech. He also reflects on the historiography of Magna Carta. Steilen is on Twitter at @MJSteilen.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Oliver Traldi, a John and Daria Barry Postdoctoral Research Fellow at the James Madison Program at Princeton University, discusses his new book "Political Beliefs: A Philosophical Introduction," which is published by Routledge. Here is the description of the book:Anyone who's had an argument about politics with a friend may walk away wondering how this friend could possibly hold the beliefs they do. A few self-reflective people might even wonder about their own political beliefs after such an argument. This book is about the reasons that people have, and could have, for political beliefs: the evidence they might draw on, the psychological sources of their views, and the question of how we ought to form our political beliefs if we want to be rational.The book's twenty-four chapters are divided into four larger parts, which cover the following: (1) the differences between political and other types of beliefs, (2) theories of political belief formation, (3) sources of our political beliefs and how we might evaluate them, and (4) contemporary phenomena – like polarization, fake news, and conspiracy theories – related to political beliefs. Along the way, the book addresses questions that will arise naturally for many readers, like:Does the news you choose to watch and your own social media leave you stuck in an “information bubble”?Are you committed to a certain ideology because of the history of your society?Are people who believe “fake news“ always acting irrationally?Does democracy do a good job of figuring out what's true?Are some political beliefs good and some evil?As the book investigates these and other questions, it delves into technical, philosophical topics like epistemic normativity, the connection between belief and action, pragmatic encroachment, debunking arguments, and ideology critique. Chapter summaries and discussion questions will help students and all interested readers better grasp this new, important area on the border of politics and philosophy.Traldi is on Twitter at @olivertraldi. The PDF version of his book is available for free on the Routledge website.This episode was hosted by Elizabeth Schiller, who is the Staff Director for the Virginia Access to Justice Commission. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Alison L. LaCroix, Robert Newton Reid Professor of Law, Associate Member of the Department of History at the University of Chicago Law School, discusses her new book, "The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms," which is published by Yale University Press. LaCroix explains what made interbellum America unique and what we can learn from interbellum constitutional thought. She describes the unique features of interbellum constitutional ideology and reflects on what it can tell us about constitutional thought today.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Naomi Sunshine, a director in the Public Interest Law Center and Supervising Attorney in the Immigrants Right Clinic at NYU Law School, discusses the process of reclaiming German citizenship under Article 116 Paragraph 2 of the Basic Law, which provides for the restoration of German citizenship to former German citizens deprived of their German citizenship due to “political, racial, or religious grounds” in the time period from January 30, 1933 to May 8, 1945, and their descendants. One of the primary purposes of Article 116 was to restore the German citizenship of denaturalized German Jews. Sunshine describes her family story and explains the process of applying for German citizenship under section 116. She also describes the experience of becoming a German citizen. Here is a link to the application for German citizenship under Article 116.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Henry Oliver, a writer, speaker, and brand consultant based in London, discusses his new book, "Second Act: What Late Bloomers Can Tell You About Reinventing Your Life." Oliver begins by explaining what he means by a "late bloomer" and what their stories can tell us about success. He discusses many historical examples of late bloomers, describing their similarities and differences. And he shares some strategies about achieving success later in life that we can glean from their examples. Oliver is on Twitter at @HenryEOliver. You can also subscribe to his Substanck The Common Reader.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Todd Phillips, Assistant Professor at the Georgia State University J. Mack Robinson College of Business, and Beau J. Baumann, a Ph.D. student at Yale Law School, discuss their article "The Major Questions Doctrine's Domain," which will be published in the Brooklyn Law Review. Phillips and Baumann begin by explaining what the major questions doctrine is, how it works, and why it's important. They describe how litigants are challenging SEC enforcement actions against crypto token using MQD-based challenges. And they explain why the MQD shouldn't apply to agency enforcement actions based on judicial interpretations of the scope of agency power, only an agency's own interpretation of its power in the context of legislative rulemaking. Baumann is on Twitter at @beau_baumann and Phillips is on Twitter at @tphillips.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Matt Blaszczyk, an incoming research fellow at the University of Michigan Law School, discusses his article "Impossibility of Emergent Works' Protection in U.S. and EU Copyright Law," which is published in the North Carolina Journal of Law & Technology. Blaszczyk begins by explaining the concept of an "emergent work," or work without a human author, a category of works of authorship that includes AI generated works. He describes several efforts to register emergent works for copyright protection and explains on why they have been unsuccessful. And he reflects on what the category of emergent works can tell us about the ontology and theory of copyright. Blaszczyk is on Twitter at @mmblaszczyk.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

From 1935-53, the DuPont Company sponsored a radio program titled "Cavalcade of America." This episode dramatized the United States Constitution. The recording consists of three 78 RPM records, which were collected and digitized by the Internet Archive. Unfortunately, the B-side of the third 78 was too damaged to digitize. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Beau Baumann, a PhD candidate at Yale Law School, discusses his article "Americana Administrative Law," which is published in the Georgetown Law Journal. Baumann describes the origins and history of the non-delegation doctrine and the major questions doctrine, explaining how both are rooted in an ideological fantasy of a Congress that never existed, ultimately in service of judicial self-aggrandizement. He reflect on how that happened, why it's a problem, and how scholars should understand it.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Neoshia Roemer, Associate Professor of Law at Seton Hall University School of Law, discusses her article "Equity for American Indian Families," which will be published in the Minnesota Law Review. Roemer explains what the Indian Child Welfare Act does, why it was created, and how some people are using equal protection arguments in order to challenge its constitutionality. She explains why ICWA is so important for both children and tribes, and why the criticisms of it are so misguided. Roemer is on Twitter at @ProfNRoemer.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Rachael Dickson, an Visiting Assistant Professor at the Suffolk University Law School Intellectual Property and Entrepreneurship Clinic and for Trademark Examining Attorney at the United States Patent and Trademark Office, discusses her draft article "High Hopes: Cannabis Trademarks at the USPTO." Dickson begins by briefly describing the history of cannabis regulation in the United States. She explains how trademarks work and what they are intended to accomplish, and why cannabis companies want to register federal trademarks for their products. She reflects on the USPTO's refusal to register cannabis marks and the problems it causes. And she encourages the USPTO to change course. Dickson is on Twitter at @TudorsAndTMs.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Aliza Shatzman of the Legal Accountability Network discusses her article "The Clerkships Whisper Network: What It Is, Why It's Broken, And How To Fix It," which is published in the Columbia Law Review. Shatzman is on Twitter at @AlizaShatzman.This episode was hosted by Peter Romer-Friedman on PRF Law. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Rachel O'Dwyer, a lecturer in Digital Cultures in the National College of Art and Design, Dublin, discusses her new book "Tokens: The Future of Money in the Age of the Platform," which is published by Verso Books. O'Dwyer explains what tokens are, how they relate to money, how they have been used at different points in time, and how they are used today. O'Dwyer is on Twitter at @Rachelodwyer.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Claire E. Aubin, a faculty member at Gratz College who will be a lecturer at UC Davis, discusses her work on Holocaust perpetrators, including her dissertation, "From Treblinka to Trenton: Holocaust perpetrators as immigrants to the post-war United States" and her recent article for Time magazine. Aubin explains why Holocaust perpetrators were able to emigrate to the United States without being caught, how they camouflaged themselves from immigration authorities, how some were caught, and why many escaped detection. She explains how studying the experiences of Holocaust perpetrators helps us better understand the historical context in which they were able to escape detection, present themselves as priority candidates for immigration to the United States, and disguise their past. Aubin is on Twitter at @ceaubin.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Christa Laser, Assistant Professor of Law at Cleveland State University College of Law, discusses her article "Legal Issues in Blockchain, Cryptocurrency, and NFTs," which will be published in the Nebraska Law Review. Laser begins by explaining that we should think about the relationship between law and the blockchain as posing questions about how to apply abstract concepts to problems posed by new technologies, not an obligation to create a new body of law. She describes how regulators and courts have applied securities law, intellectual property law, and contract law to blockchain-related problem. And she encourages regulators, courts, and legislators to learn more about how this new technology works before acting to regulate it. Laser is on Twitter at @ChristaLaser.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, David G. Yosifon, Peter Canisius, S.J. Professor of Law at Santa Clara University School of Law, discusses his article "Agent Correction: Chastisement, Wellness, and Personal Ethics," which is published in the Florida State University Law Review. Yosifon begins by describing the broader scholarly project of which this article is a part, investigating how concepts derived from corporate governance can inform and promote human well-being. He describes the early modern concept of "agent correction," which authorized the principal to enforce the agency relationship by "chastizing" or hitting the agent. He explains that the law has long-since rejected agent correction, but observes that the concept of "wellness" may have replaced it as a humane and agent-centered way of encouraging observance of fiduciary obligations and personal ethics. Yosifon is on Twitter at @DavidYosifon.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Zachary L. Catanzaro, Assistant Professor of Law at St. Thomas University Benjamin L. Crump College of Law, discusses his draft article "Beyond Incentives: Copyright in the Age of Algorithmic Production." Catanzaro begins by describing the history of the development of copyright law and how that history shaped the dominant incentives-based theory of copyright. He explains how algorithmic AI programs work, and reflects on how the development of AI technology should affect our assessment of the incentives theory. And he suggests that incentives-based justifications for copyright might need to give way to justifications based on moral rights. Catanzaro is on Twitter at @brainstorm_law.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Sara Protasi, Associate Professor of Philosophy at the University of Puget Sound, discusses her book "The Philosophy of Envy," which is published by Cambridge University Press. Protasi explains how envy is different from other emotions, including jealously. She describes the different kinds of envy. And she argues that at least some kinds of envy are good and should be encouraged, even though some other kinds are bad. Protasi is on Twitter at @natadicorsa.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Quinn Yeargain, Assistant Professor of Law at Widener University Commonwealth Law School, discusses his article, “Litigating Trans Rights in the States,” which will be published by the Ohio State Law Journal. Yeargain describes recent efforts by states to pass legislation infringing on the rights of transgender individuals, and argues that while challengers have found success challenging these laws on federal constitutional grounds, they should also challenge these laws on state constitutional grounds. Drawing parallels to prior challenges to restrictive marriage provisions, sodomy bans, and other laws, Yeargain argues that state constitutional equality provisions, privacy provisions, and other rights guarantees provide strong avenues to challenge legislation targeting trans people. Yeargain also discusses researching and studying state constitutional law. Yeargain is on Twitter at @yeargain.This episode was hosted by Michael L. Smith, Assistant Professor of Law at St. Mary's University School of Law. Smith is on Twitter at @msmith750. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Michael Smith, Assistant Professor of Law at St. Mary's University School of Law, discusses his article "Library Crime," which will be published in the Drake Law Review. Smith describes the different kinds of crimes that are specific to libraries, how they differ from state to state, and why they exist. He reflects on library crimes and what they can tell us about libraries as institutions. And he explain how library crimes illuminate the purposes of criminal justice more generally. Smith is on Twitter at @msmith750.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Jacob Gordon, a recent graduate of Harvard Law School, discusses his draft article "Gang Violence and Just War Theory." Gordon begins by explaining the basic premises of just war theory. He then describes common features of gangs, and how they often track with the features considered by just war theory. He argues that concepts drawn from just war theory can help us better understand the relative culpability of gang members for gang violence, and argues that gang participation should mitigate moral culpability for violence, at least in some circumstances. This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Paul Gowder, Associate Dean of Research and Intellectual Life and Professor of Law at Northwestern University Pritzker School of Law, discusses his book The Rule of Law in the United States: An Unfinished Project of Black Liberation which is published by Hart Publishing and available as an open-access download. Gowder begins by discussing open-access publishing and the design on the book. He explains what he means by "the rule of law" and why he sees it as fundamentally tied to the historical project of black liberation. He reflects on how many of our governmental institutions provide only the illusion of the rule of law, and explains how and why the rule of law must be defended and expanded.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Jordana R. Goodman, Assistant Professor of Law at Chicago-Kent College of Law, discusses her article "Ms. Attribution: How Authorship Credit Contributes to the Gender Gap," which is published in the Yale Journal of Law & Technology. Goodman begin by describing the "gender gap" and how it affects the practice of law. She explains how the "Matthew" and "Matilda" effects under-recognize the contributions of women in legal practice, and how lack of attribution helps perpetuate the gender gap. She describe her empirical study of attribution in patent practice. And she makes suggestions for how to increase attribution to women. Goodman is on Twitter at @Jordi_Goodman.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Amanda Levendowski, Associate Professor of Law and Founding Director of the Intellectual Property and Information Policy Clinic at Georgetown Law, discusses her articles "Just Citation," which will be published in the Berkeley Journal of Gender, Law & Justice, and "Disrupting Data Cartels by Editing Wikipedia," which she co-authored with Eun Hee Han and Jonah Perlin, and which is published in the Yale Journal of Law & Technology. Levendowski explains how to think intersectionally about citation practices, and why who and what you cite matters. And she describes how editing Wikipedia can be a valuable pedagogical practice, with normative benefits. Levendowski is on Twitter at @levendowski.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Kenneth A. Adams, an attorney and expert on contract drafting, discusses his book, "A Manual of Style for Contract Drafting," which is published by the ABA. Adams describes how he became interested in the style of contract drafting and why he thinks it is often so bad. He explains how contract drafting can and why better drafted contracts are preferable. And he provides specific examples of improved drafting from his book. In the course of the interview, Adams also provides comments on a short contract I drafted. You can see his written comments here.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Lisa P. Ramsey, Professor of Law at the University of San Diego School of Law, discusses the Supreme Court's recent decision in Jack Daniel's v. VIP products in light of her article "Raising the Threshold for Trademark Infringement to Protect Free Expression," which she co-authored with Christine Haight Farley, and which is published in the American University Law Review. Ramsey begins by describing what happened in the Jack Daniel's case and why the Supreme Court's opinion is narrower than a lot of commenters realize. She explains why cases like Jack Daniel's present First Amendment problems, and how those problems can be avoided by more robust defenses to trademark infringement and dilution. Ramsey is on Twitter at @LPRamsey.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Brian McBreary, a forensic musicologist, explains what forensic musicologists do and how they analyze music. He describes how he became a forensic musicologist and the process by which forensic musicologists approach the analysis of songs as expert witnesses in copyright infringement litigation. And he specifically reflects on recent copyright infringement cases involving Marvin Gaye songs. McBrearty hosts the website Musicologize and is on Twitter at @brianmcbrearty. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Sara Gras, Associate Professor and Executive Director of the Peter W. Rodino, Jr. Law Library Center for Information & Technology at Seton Hall University School of Law, discusses her article "Positioning Podcasting as Legal Scholarship," which will be published in the Utah Law Review. Here is the abstract:Technology has revolutionized legal practice, education, and society generally, yet the availability of new forms of digital media has not significantly changed the locus of legal scholarship. This Article examines whether our collective understanding of where scholarship can exist should expand to include podcasting as a formally acknowledged medium for legal scholarship.This episode was hosted by Noah Chauvin. Chauvin is on Twitter at @NoahChauvin. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Elise Bernlohr Maizel, Acting Assistant Professor of Lawyering at NYU Law School, discusses her article "The Case for Downsizing the Corporate Attorney-Client Privilege." Maizel begins by describing the attorney-client privilege and work product doctrine. She explains why the attorney-client privilege doctrine has always been a poor fit for corporate clients. And she proposes a new model for the attorney-client privilege in the corporate context that is both more conceptually coherent and practically desirable. Maizel is on Twitter at @eliseconstance.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Michael J. Kasdan, a partner at Wiggin and Dana LLP, discusses his work as a lawyer in the Web3 space. Among other things, Kasdan discusses how intellectual property affects Web3 markets, including how Web3 companies are using their intellectual property rights in new and unexpected ways.This episode was hosted by Sidhant Raghuvanshi, an LLM student at UC Berkeley School of Law. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Aliza Schatzman, President and Founder of The Legal Accountability Project, discusses her new article, "The Conservative Case for the Judiciary Accountability Act," which is published in the Harvard Journal on Legislation. Schatzman observes that the federal judiciary has a harassment problem and describes her own experience of harassment. She describes the Judicial Accountability Act, which would impose Title VII requirements on the federal judiciary, among other protections. And she explains why conservative lawmakers should support the legislation. This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Ari Cohn, Free Speech Counsel at Tech Freedom, discusses the proposed Kids Online Safety Act, which the Senate is currently considering. Cohn begins by explaining the history of KOSA and similar previous bills, what KOSA is supposed to accomplish, and how it's supposed to accomplish that goal. He explains why KOSA as drafted presents intractable practical and First Amendment problems. And he argues that Congress should reject KOSA in its entirety. Cohn is on Twitter at @AriCohn.A current version of KOSA is available here.Tech Freedom's letter opposing KOSA is available here.A coalition letter opposing KOSA is available here.Additional information is available here.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Neil Chilson, a senior research fellow for technology and innovation at Stand Together and former chief technologist at the FTC, discusses the FTC's proposal to create a trade regulation rule on commercial surveillance and data security. Chilson begins by discussing the FTC's history of rulemaking and why this rulemaking proposal is important. He reflects on what the FTC might be trying to achieve in this rulemaking process and discusses some potential concerns. He also discusses his own public comments, some of which he produced using an AI text generator, in order to express concerns about the potential effect of regulation on the development of AI tools. Chilson is on Twitter at @neil_chilson.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Sarah Polcz, a fellow at Stanford Law School, discusses her articles "Co-Creating Equality," which will be published in the Southern California Law Review, and "Loyalties & Royalties," which will be published in the Hastings Law Journal. Polcz describes her empirical research on the distribution of songwriting credit in the music business. She explains how authorship norms among songwriters differ from the default rules of copyright because of the incentives that are salient to bands. And she reflects on what her work can tell us about copyright incentives more broadly. Polcz is on Twitter at @SPolcz.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Daniel Schwarcz, Fredrikson & Byron Professor of Law at the University of Minnesota Law School, Josephine Wolff, Associate Professor of Cybersecurity Policy at the Fletcher School at Tufts University, and Daniel W. Woods, Lecturer of Cybersecurity at the University of Edinburgh School of Informatics, discuss their article "How Privilege Undermines Cybersecurity," which will be published in the Harvard Journal of Law & Technology. They begin by explaining what the attorney-client privilege and work product doctrines are and how they negatively affect cybersecurity investigations and the implementation of lessons learned from those investigations. They describe their qualitative study of lawyers and cybersecurity professionals conducting cybersecurity investigations. And they make recommendations about how courts could amend their approach to privilege to improve cybersecurity outcomes.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Michele Colonna, an art collector, NFT advisor, and co-founder of Árthropo, a web3 native crypto art project, discusses his perspective on the art market and the NFT market. Colonna describes how he became interested in NFTs, how he views the relationship between the NFT market and the conventional art market, and where he sees the future of the NFT market heading. Colonna is on Twitter at @mcolonna65.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In 1987, the National McGruff Campaign released McGruff's® SMART KIDS Album on cassette for $5. The album consisted of 11 songs ostensibly performed by McGruff the Crime Dog, explaining why drugs are bad. Here's the track list:Winners Don't UseNo. No, No!MarijuanaInhalantsCocaine & CrackAlcoholJust Say NoSmart KidsMake Your Body LastI'll Decide on My OwnI'm Glad I'm Me Hosted on Acast. See acast.com/privacy for more information.

In this episode, Robin Schmidt, a journalist covering web3, decentralized finance, NFTs, and the metaverse. Schmidt explains how he became interested in the web3 space and how he made the move from commercial motion picture production to journalism. He describes his work at The Defiant creating video journalism covering developments in decentralized finance, and his approach to creating that content. And he describes his new project BasedAF which will focus on the metaverse. You can watch Schmidt's work for The Defiant here. He is on Twitter at @IamSuperMassive.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Scott J. Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, discusses his book The Internationalists: How a Radical Plan to Outlaw War Remade the World (Simon & Schuster 2018) and his essay "Putin Can't Destroy the International Order by Himself," both of which he co-authored with Oona A. Hathaway, Gerard C. and Bernice Latrobe Smith Professor of International Law. Shapiro is on Twitter at @scottjshapiro.This episode was hosted by Paula, a 2L at Michigan Law School. She is on Twitter at @polapetit. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Christa Laser, Assistant Professor of Law at Cleveland-Marshall College of Law, discusses her work on blockchain, NFTs, and intellectual property, from the perspective of a law professor and former intellectual property litigator. Among other things, she discusses blockchain patents, copyright in NFT images, and trademark in NFT brands. Laser is on Twitter at @ChristaLaser.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Anjali Vats, Associate Professor of Law at the University of Pittsburgh School of Law, discusses her book "The Color of Creatorship: Intellectual Property, Race, and the Making of Americans," which is published by Stanford University Press. She explains how critical race theory can and should inform our understanding of the history of intellectual property. Vats is on Twitter at @raceip.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

In this episode, William Organek, program fellow at the bankruptcy project at Harvard Law School, discusses his new article, "A Bitter Result": Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies. Billy explains why he thinks that creditors in the Purdue Pharma bankruptcy received a better result than they would have if some Sackler family members were forced to file their own bankruptcy cases. In particular, he talks about balancing monetary and dignitary interests in bankruptcy cases, and the uses of examiners and trustees to achieve certain non-monetary objectives. Despite these outcomes, Organek maintains that this was a "bitter result" and explains how we might do better in the future. Organek's article was published earlier this year in the peer-reviewed American Bankruptcy Law Journal and is available on SSRN.This episode was hosted by Matthew Bruckner, an associate professor at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Andrea Bopp Stark and Geoffrey Walsh, both staff attorneys at the National Consumer Law Center, discuss their work on fines and fees in bankruptcy case, with a particular focus on their article, Sentenced to a Life of Debt: It Is Time for a Reassessment of How Bankruptcy Law Intersects with Fines and Fees to Keep People in Debt. Geoff and Andrea explain how state and local governments have funded mass incarceration through the imposition of fines and fees in the criminal law arena and how this undermines many of the policy rationales articulated by the Supreme Court in Kelly v. Robinson, which made it much more difficult to discharge criminal justice debt in bankruptcy cases. We discuss possible solutions, including treating this debt like tax debt and why an analogy to tax debt is better than an analogy to student loan debt. Stark and Walsh have published several articles on this topic, including the one we primarily discussed, which is available in the Federal Sentencing Reporter and on the NCLC website.This episode was hosted by Matthew Bruckner, an associate professor at Howard University School of Law. Bruckner is on Twitter at @Prof_Bruckner. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Paul Edelblut, the grandson of Welford O. Lucy, discusses the iconic 1954 contract case Lucy v. Zehmer and what he learned about it from his grandfather.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Jorge L. Contreras, Professor of Law at the University of Utah College of Law, discusses his book "The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA," which is published by Algonquin Books. Contreras describes the landmark Supreme Court patent case Association for Molecular Pathology v. Myriad Genetics and explains why it was important. He recounts the story of the case and how he reported on it. And he reflects on what it can tell us about patent policy.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Jordana Goodman, Visiting Clinical Assistant Professor at the Boston University School of Law, discusses her new article Ms. Attribution: How Authorship Credit Contributes to the Gender Gap. She argues that misattribution in the authorship of legal work disparately impacts underrepresented members of the legal profession, with a focus on women in patent law. In her article, Professor Goodman reports empirical findings from a large novel dataset of agency actions and responses during the patent examination process in the United States Patent and Trademark Office. She also addresses the larger professional and cultural implications of these findings and proposes reforms. Professor Goodman's article is forthcoming in the Yale Journal of Law & Technology and is available on SSRN. She is on Twitter at @Jordi_Goodman.This episode was hosted by Saurabh Vishnubhakat, Professor in the School of Law and Professor in the Dwight Look College of Engineering at Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.Disclosure: Professors Goodman and Vishnubhakat are now collaborating on a follow-up paper that explores the gender gap among attorneys in administrative patent litigation before the USPTO Patent Trial and Appeal Board. See acast.com/privacy for privacy and opt-out information.

In this episode, Aliza Shatzman, an attorney and advocate based in Washington, DC, discusses her article "Untouchable Judges? What I've learned about harassment in the judiciary, and what we can do to stop it," which will be published in the UCLA Journal of Gender & Law. Here is the abstract:Drawing from the author's own experience of gender discrimination, harassment, and retaliation during her clerkship and in the years following it by a former DC Superior Court judge, this Article analyzes the deficits in current federal and DC judicial reporting systems to demonstrate the urgent need for reform. I argue that harassment in the judiciary is pervasive, due to both enormous power disparities between judges and law clerks, and various institutional barriers that perpetuate misconduct and discourage reporting. I survey existing methods of judicial discipline in both the federal and DC Courts and argue that these provide insufficient redress for workplace misconduct. I then discuss the Judiciary Accountability Act (JAA) (HR 4827/S 2553), which would finally protect judiciary employees, including law clerks and federal public defenders, under Title VII of the Civil Rights Act of 1964, enabling employees to sue their harassers and seek damages for harm done to their careers, reputations, and future earning potential. Furthermore, I argue that the DC Courts should be included in the JAA, because they are Article I courts created and regulated by Congress, and DC Courts judges are arguably federal judges for Title VII and disciplinary purposes. I also offer a variety of other proposed reforms, which would both strengthen the JAA and provide additional protections to uniquely vulnerable judiciary employees. I conclude by reflecting on my attempts to report the misconduct I experienced, how the systems failed me when I tried to report, and my efforts to seek justice for myself and accountability for the misbehaving former judge.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Henry A. Thompson, a Ph.D. student in economics at George Mason University, discusses his article "Cosa Nostra Courts." Here is the abstract:This paper uses economic reasoning to analyze the traditions and institutions of one of the most successful criminal organizations in modern history: La Cosa Nostra (LCN). Drawing on recently declassified FBI reports, the paper's analysis shows that LCN's core institutions are best understood as attempts to protect its secrecy, an asset vulnerable to free riding by its own members. Individual members did not bear the full costs of secret-revealing police investigations and thus had a perverse incentive to resolve disputes violently. LCN preserved its secrecy by incentivizing peaceful reconciliation. La Cosa Nostra rules, and, more importantly, its informal court system, kept disputes from escalating into violence, thereby helping LCN avoid secrecy-threatening investigations. As a result, LCN has become one of the most successful and long-lived criminal organizations in the U.S.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Laura Shin, journalist and host of the Unchained podcast, discusses her new book "The Cryptopians: Idealism, Greed, Lies, and the Making of the First Big Cryptocurrency Craze," which is published by Public Affairs. Shin describes how she became interested in cryptocurrency, how she told the story of the creation of Ethereum, and what she learned while researching the story.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, and Saraubh Vishnubhakat, Professor of Law at Texas A&M University School of Law, discuss their article "The Truth About Design Patents," which will be published in the American University Law Review. Here is the abstract:Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—rely on statistics and empirical conclusions that were methodologically questionable from the start, or have become outdated, or both. In this paper, we make two sets of contributions to that important and underdeveloped literature. First, we review the empirical studies of design patents thus far, including those that pre- and post-date the creation of the Federal Circuit, and we update the findings of those studies. Second, we consider a set of institutional questions that, to our knowledge, the prior literature has not even broached. Beyond the federal courts, we explore design patent enforcement at the ITC and the use of administrative process to challenge design patents in the Patent Trial and Appeal Board. These contributions put the design patent system into much-needed context with broader debates about U.S. intellectual property policy.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

In this episode, Sarah Moosvi of Protean DAO, Tara Digital Collective and aGENDAdao discusses now she became interested in NFTs and DAOs. Among other things, she explains why DAOs are a useful tool for NFT artists, and how NFT artists use the DAO structure in their work. She also reflects on problems with the DAO structure, including inequities DAOs can perpetuate, especially in relation to members of minoritized communities. This interview was conducted in the convention center at Art Basel Miami Beach. Moosvi is on Twitter at @m00sv1.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.