Ipse Dixit

In this episode, Zachary L. Catanzaro, Assistant Professor of Law at Widener University Delaware Law School, discusses his article "Sovereignty in the Technological Singularity," which is published in the Yale Journal of Law & Technology. Catazaro begins by explaining why a conflict has emerged between democratic governance and new technologies, especially AI-based algorithms. He reflects on this conflict through the lens of continental philosophy, especially the work of Foucault and Baudrillard. And he argues that we must retain democratic accountability in order to prevent governance from beyond the grave. Catanzaro is on Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

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In this episode, Jennifer L. Brinkley, Assistant Professor of Law at the University of Dayton School of Law, discusses her new book, "Justice Was Her Calling: The Fierce and Fascinating Life of Dorothy Kenyon," which is published by the University of California Press. Brinkley begins by describing who Kenyon was and explaining why she became interested in Kenyon's life and career. She describes Kenyon's early life and how Kenyon became involved with the suffrage and women's rights movements. She reflects on some of the challenges and struggles Kenyon faced as a result of her advocacy. And she explains how Kenyon's work provided the legal basis for many important victories of the women's rights movement. Brinkley is on LinkedIn.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Mark Satta, Associate Professor of Philosophy and Law at Wayne State University, discusses his new book, "Let Them Buy Cake: Gay Weddings and the Coordinated Campaign against Queer Rights," which will be published by Oxford University Press. Satta begins by describing what happened in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), and related litigation that followed it. He explains why these cases are so important and what they tell us about the rule of law in a liberal, democratic society. And he places them in historical context, identifying the broader ideological dispute they reflect and what they can tell us about First Amendment doctrine. Satta is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

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In this episode, the Honorable Beverly B. Martin, a former United States Circuit Judge of the United States Court of Appeals for the 11th Circuit and a former United States District Judge of the United States District Court for the Northern District of Georgia, discusses her role in the Keep Our Republic Article III Coalition of retired federal judges.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Aram Sinnreich, a Professor and Graduate Director of the Communication Studies division at American University’s School of Communication, discusses his new book chapter, "Music Sampling Law as Regulatory Vacuum and Check on Black Cultural Power," which will be published in the Oxford Handbook on Sampling in Popular Music, forthcoming from Oxford University Press. Sinnreich begins by describing what sampling is and how it has evolved over time. He explains how copyright law affects sampling, why the legality of sampling is uncertain, and how that uncertainty causes and was caused by racial inequity. He then reflects on how the courts can and should reinterpret sampling law to mitigate those racial inequities. Sinnreich is on Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Mike Plante, a filmmaker, producer, and programmer, discusses his new book "Sensation Cinema: The Audacious, Defiant History of Louis Sher and the Art Theatre Guild," which is published by Sticking Place Books. Plante begins by describing his own background in independent film and how he became interested in Louis Sher. He explain who Sher was and how he came to create an empire of independent movie theaters in the 1950s. He the describes the circumstances surround the arrest of Sher's employee Nico Jacobellis for projecting Louis Malle's The Lovers, and how Sher litigated the case all the way to the Supreme Court and won, prompting Justice Stewart's famous line, "I know it when I see it." Plante is on Twitter

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Richard L. Heppner, Jr., Associate Dean for Faculty Scholarship and Associate Professor of Law at the Thomas R. Kline School of Law of Duquesne University, discusses TAG!: The Jurisdiction Game, his new board game based on the rules of civil procedure. Heppner begins by explaining why he decided to create the game and how he developed the rules. He describes how he used the game in his civil procedure classes and how it can help students learn how to understand and apply the rules of civil procedure. The game is now available for purchase! Heppner is on Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://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 her new book "Trademarks and Free Speech: Conflicts and Resolutions," which is published by Cambridge University Press. Ramsey begins by explaining what trademarks are, what they protect, what kind of rights they create, and why they exist. She identifies how trademark law comes into conflict with the First Amendment and free speech, and how the abuse of trademarks can exacerbate the conflict. And she describes some ways in which trademark law could be changed in order to advance its legitimate purposes while minimizing conflicts with the First Amendment. Ramsey is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Anna O. Law, professor of political science and the Herbert Kurz Chair of Constitutional Rights at CUNY Brooklyn College, discusses her new book, "Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants," which is published by Oxford University Press. Law's book tells the story on migration to colonial America, the early American republic and the United States during Reconstruction. She explains that the conventional story of open migration controlled only by the federal government is misleading, because state and local government imposed considerable burdens on migration and migrants. She describes those laws, how they affected migration policy, and how they are still with us today. Law is on Twitter and Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Jerry Edwards, Associate Professor of Law at West Virginia University College of Law, discusses his draft article "The Reconstructed First Amendment." Edwards begins by reflecting on why the original understanding of the First Amendment is important in this historical moment. He then explains how the understanding of the First Amendment at the time of its ratification was very different from the modern understanding, and how that original understanding persisted long past the ratification of the 14th Amendment and Reconstruction. He also discusses how his historical observations might affect current debates over the interpretation of the First Amendment. Edwards is on Bluesky.

This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Jon J. Lee, Associate Dean for Faculty Development and Research and Frank Elkouri and Edna Asper Elkouri Professor in Law at the University of Oklahoma College of Law, discusses his article "Sanctioning Lawyer-Criminals," which is published in the Washington and Lee Law Review. Lee begins by explaining how the legal profession regulates itself and disciplines lawyers. He describes the history of how the legal profession has disciplined lawyers who commit crimes, including which crimes it has considered worthy of discipline and why. He presents an empirical study of how different jurisdictions currently discipline lawyers for criminal activity. And he reflects on how the legal profession ought to address criminality. Lee is on Twitter and Bluesky.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Byron Davies, a Marie Skłodowska-Curie fellowship with the Aresmur research group in aesthetics and art theory at the University of Murcia in Spain, and Addison Ellis, Assistant Professor of Philosophy at the American University in Cairo, discuss their article "Stan Brakhage, Jean-Paul Sartre and Existentialism: Cinema De Trop," which will be published in the journal Film-Philosophy. Davies and Ellis begin by explaining who Stan Brakhage was and describing his films and writings. They discuss how Brakhage was commissioned to make a film version of Jean-Paul Sartre's Nausea, his approach to Sartre's philosophical positions, and why he might have found a particular passage from Nausea especially compelling. They then discuss how studying Brakhage and Sartre in relation to each other can illuminate the work of both thinkers.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Philip Hackney, Professor of Law at the University of Pittsburgh School of Law, discusses his draft article, "Arts Tax Policy: Democracy or Plutocracy?," which will be published in the Loyola L.A. Law Review. Hackney begins by explaining how the tax code conceptualizes art. Then he explains how the tax code conceptualizes charitable organizations and treats them differently from non-charitable organizations. He reflects on the justifications for tax exemption and deduction, especially in relation to the arts sector, focusing on the equitably of subsidizing organizations that primarily benefit and are controlled by the wealthy. And he explains how tax policy could be more equitable and progressive in relation to the arts sector. Hackney is on Twitter and Bluesky.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Daniel Schwarcz, Fredrikson & Byron Professor of Law and a Distinguished University Teaching Professor at the University of Minnesota Law School, discusses his draft article "Artificial Intelligence and Human Legal Reasoning," which he co-authored with Nicholas Bednar, David R. Cleveland, and Allan Erbsen. Schwarcz explains that he and his co-authors wanted to test the conventional wisdom that using artificial intelligence models to answer legal questions will inhibit the ability of law students and lawyers to learn how to answer those questions on their own. He describes their empirical study designed to test that hypothesis and its unexpected results. And he reflects on what we can learn from the study. Schwarcz is on Twitter and Bluesky.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Jeremy Bearer-Friend, Associate Professor of Law at George Washington University Law School, and Sarah Polcz, Acting Professor of Law at UC Davis School of Law, discuss their article "Sharing the Algorithm: The Tax Solution to Generative AI," which is published in the Columbia Journal of Tax Law. Bearer-Friend and Polcz begin by outlining some of the social problems associated with generative AI and explaining why existing proposals to address those problems are inadequate. They then propose an alternative model, consisting of an equity tax on AI companies, and explain why it would be both effective and preferable to alternative approaches. Bearer-Friend is on Twitter and Bluesky. Polcz is also on Twitter and Bluesky.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Aman Gebru, Assistant Professor of Law at the University of Houston Law Center, discusses his draft article "Truthmarks," which will be published in the American University Law Review. Gebru begins by explaining the purpose of trademark law and how it protects trademarks. He describes three uses of trademarks that are inconsistent with the policy goals of trademark law of conveying truth information to consumers: masking marks, zombie marks, and nonsense marks. And he reflects on how trademark law could mitigate the harms associated with those uses. Gebru is on Twitter.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Stephen K. Urice and Simon J. Frankel discuss their book Law, Ethics, and the Visual Arts, the sixth edition of which was just published by Cambridge University Press. Urice and Frankel describe the creation of the book and the academic study of art law by John Henry Merryman, and discuss their own respective background in art law. They explain how the study and practice of art law fits into the study and practice of law more generally. And the reflect on how they expanded and amended the book for this new edition. Urice and Frankel are on LinkedIn.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Sam Williams, Associate Professor of Law and Reference and Instruction Librarian at the University of Idaho College of Law discusses several of his articles, including “The Law is Weirder than AI,” which was published in 2024 with the Hofstra Law Review, and “The Jokerfication of Law,” which was published with Hedgehogs and Foxes. Williams discusses how these pieces shed light on the nature of the weird and the eerie in law and legal scholarship, and how professors should think of their roles in an increasingly chaotic world. He also shares his thoughts on weird and silly legal scholarship, the place for such scholarship in the broader legal academic literature, and inspirations for his work—including Ipse Dixit’s very own Brian Frye. Williams is on Bluesky at @sawilliams.bsky.social.

This episode was guest hosted by Michael Smith, Associate Professor of Law at the University of Oklahoma College of Law. Michael Smith is on Bluesky at @msmith750.bsky.social

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In this episode, Christopher T. Brooks, Professor of History at East Stroudsburg University, discusses his work on appellate judicial selection. He explains that state appellate judges are usually either elected or appointed with the advice of nominating committees. He argues that both methods are flawed, and that it would be better for judges to be appointed by elected nominating committees. Brooks is on LinkedIn.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.

In this episode, Valentin Jeutner, Associate Professor of Law at Lund University and Retained Lecturer in Law at Pembroke College, Oxford University, discusses his book "[l]ex machina: unlikely encounters of international law and technology," which is published by Lund University. Jeutner begins by introducing listeners to conceptual legal writing, describing its relationship to conceptual art and conceptual writing. He provides a preliminary taxonomy of conceptual legal writing and explains his own practice of conceptual legal writing. In particular, he reflects on how conceptual legal writing can help readers see legal texts in a new and different light. He also reads a short text composed using a conceptual legal writing method. You can read Jeutner's "Fragmentary Catalogue of Conceptual Legal Writing" here, and his book "The Aesthetic Authority of Law: Experiments with Legal Form" here. Jeutner is on Bluesky.

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 and on Bluesky at @brianlfrye.bsky.social.

Hosted on Acast. See https://acast.com/privacy for more information.