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Carliss Chatman & Anthony Kreis on Reproductive Rights

Season 1, Ep. 552

In this episode, Carliss N. Chatman, Assistant Professor of Law at Washington and Lee University School of Law, and Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discuss Chatman's essay "If a Fetus Is a Person, It Should Get Child Support, Due Process, and Citizenship" and Kreis's response, "Under Ten Eyes," both of which are published in the Washington and Lee Law Review Online. Chatman's essay is based on her viral tweet and Washington Post op-ed, arguing that state laws intended to make fetuses persons for the purpose of abortion law, should also make fetuses persons in relation to other laws, and teasing out the consequences. Kreis's response reflects on how Chatman's essay draws into relief the entire constitutional debate over reproductive rights, in historical context. Chatman is on Twitter at @carlissc and Kreis is at @AnthonyMKreis.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.


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2/23/2022

Sarah Burstein & Saurabh Vishnubhakat on the Truth About Design Patents

Season 1, Ep. 755
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on statistics and empirical conclusions that were methodologically questionable from the start, or have become outdated, or both.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 byBrian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at@brianlfrye.