Ipse Dixit

In this episode, Saurabh Vishnubhakat [https://cardozo.yu.edu/directory/saurabh-vishnubhakat], Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo School of Law, discusses his draft article "Constitutional Structure in the Patent Office [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3988952]." Vishnubhakat begins by explaining how the patent application or "prosecution" process works, how the Patent Office adjudication process is structures, and how Patent Office administrative law judges are appointed. He then explains why the appointment process creates a constitutional problem under the Appointment Clause, based on recent Supreme Court opinions. Finally, he explains how the problem could be solved, and why the solution might improve patent policy and the patent adjudication process. Vishnubhakat is on Twitter [https://x.com/emptydoors] and Bluesky. This episode was hosted by Brian L. Frye [http://law.uky.edu/directory/brian-l-frye], Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye [https://twitter.com/brianlfrye] and on Bluesky at @brianlfrye.bsky.social [https://bsky.app/profile/brianlfrye.bsky.social]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

In this episode, Richard Albert [https://law.utexas.edu/faculty/richard-albert/], Hines H. Baker and Thelma Kelley Baker Chair in Law at the University of Texas School of Law, and Kevin Frazier [https://www.linkedin.com/in/kevin-frazier-51811737], AI Innovation & Law Fellow at The University of Texas School of Law, discuss their draft article, "Should AI Write Your Constitution? [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5351275]" They begin by explaining how much constitution writing and amending in taking place in the world right now, and reflecting on the values that should inform the creation and amendment of constitutions. They describe their survey of international constitution writers, and how it informed their assessment of how AI can and should - and shouldn't! - be used in drafting and amending constitutions. They also provide a set of best practices for using AI in relation to constitutions. Albert is on Twitter [https://x.com/RichardAlbert] and Bluesky [https://bsky.app/profile/richardalbert.bsky.social]. Frazier is also on Twitter [https://x.com/KevinTFrazier] and Bluesky [https://bsky.app/profile/kevintfrazier.bsky.social]. This episode was hosted by Brian L. Frye [http://law.uky.edu/directory/brian-l-frye], Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye [https://twitter.com/brianlfrye] and on Bluesky at @brianlfrye.bsky.social [https://bsky.app/profile/brianlfrye.bsky.social]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

In this episode, Laurie Gwen [https://lauriegwenshapiro.com/] Shapiro [https://en.wikipedia.org/wiki/Laurie_Gwen_Shapiro], a writer and filmmaker, discusses her new book, "The Aviator and the Showman: Amelia Earhart, George Putnam, and the Marriage That Made an American Icon [https://www.penguinrandomhouse.com/books/651831/the-aviator-and-the-showman-by-laurie-gwen-shapiro/]," which is published by Viking. Shapiro reflects on the process of researching and writing the book, and shares many fascinating stories and anecdotes about Amelia Earhart's life. She also describes her approach to historical research, and how she managed to uncover so much new information about an American icon. Shapiro is on Twitter [https://x.com/LaurieStories] and Bluesky [https://bsky.app/profile/did:plc:secdubauilx5uvc6dfhd7a7p]. This episode was hosted by Brian L. Frye [http://law.uky.edu/directory/brian-l-frye], Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye [https://twitter.com/brianlfrye] and on Bluesky at @brianlfrye.bsky.social [https://bsky.app/profile/brianlfrye.bsky.social]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

In this episode, Jacob M. Schriner-Briggs [https://kentlaw.iit.edu/law/faculty-scholarship/faculty-directory/jacob-m-schriner-briggs], a Visiting Assistant Professor at Chicago-Kent College of Law, discusses his article "Against First Amendment Traditionalism [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5120669]," which will be published in the Kentucky Law Journal. Schreiner-Briggs begins by observing that the Supreme Court has recently suggested that its "history and tradition" based interpretation of the Second Amendment is also appropriate for interpreting the First Amendment. He explains why such an approach would affect the First Amendment differently from the Second Amendment, potentially increasing the government's ability to regulate politically disfavored favored speech. And he argues that this would be a normatively undesirable outcome, in relationship to pluralist democratic values. Schriner-Briggs is on Bluesky [https://bsky.app/profile/did:plc:cuzv6ldf3j4as5giwx53xuak]. This episode was hosted by Brian L. Frye [http://law.uky.edu/directory/brian-l-frye], Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye [https://twitter.com/brianlfrye] and on Bluesky at @brianlfrye.bsky.social [https://bsky.app/profile/brianlfrye.bsky.social]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

In this episode, Jade Craig, Assistant Professor of Law at the University of Mississippi School of Law, discusses his article, "Rate Covenants in Municipal Bonds: Selling Away Civil Rights and Fair Housing Goals." Professor Craig discusses revenue bonds that state and local governments issue to fund projects ranging from improvements to public utilities and toll roads to convention centers and retirement communities. Local governments repay revenue bond investors with money generated by fees associated with the funded project which are charged to members of the public who use the service. In charging these fees, governments are often bound by rate covenant provisions that require the government to charge fees sufficient to cover the debt—with little in the way of restrictions on how high those rates may go. Absent restrictions, and in the interest of repaying investors (and generating a profit for these investors), state and local governments often charge high fees for users, resulting in regressive rates that disproportionately harm low-income people and people of color. Professor Craig urges greater attention to the harms rate covenants pose to these communities and provides suggestions for how governments may better accommodate their constituents' civil rights while continuing to fund infrastructure and other projects through revenue bonds. Professor Craig's article was published in Volume 102 of the Denver Law Review and is available here [https://u.pcloud.link/publink/show?code=kZ6sLS5Z0HlsR7zT5MV6L6fwaQPkimCDiNzV]. Professor Craig is on Twitter at @ProfJadeCraig.  This episode was guest-hosted by Michael Smith, who will be joining the University of Oklahoma as an associate professor of law beginning in August 2025. Professor Smith is on Bluesky at @msmith750.bsky.social.  ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.