Ipse Dixit

In this episode, Joseph S. Diedrich, an Associate at Husch Blackwell LLP, discusses his article "Separation, Supremacy, and the Unconstitutional Rational Basis Test," which will be published in the Villanova Law Review. Diedrich begins by explaining what the rational basis test is and where it came from. He argues that it violates the separation of powers, by absolving courts of the obligation to judge in certain cases. And he analogizes to the Chevron Doctrine to explain why that is a problem. Diedrich is on Twitter at @JSDiedrich.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.

In this episode, Mary T. Hannon, a law student at DePaul University College of Law and patent agent at Marshall, Gerstein & Boren LLP, discusses her article "The Patent Bar Gender Gap: Expanding the Eligibility Requirements to Foster Inclusion and Innovation in the U.S. Patent System," which is published in IP Theory. Hannon begins by explaining what the Patent Bar is, why it matters, and how one becomes a member. She observes that the qualifications for becoming a member of the Patent Bar are antiquated and arbitrary, and effectively exclude many women, for no good reason. She argues that reforming those requirements would increase the diversity of the patent bar and reflect the realities of innovation in the modern era. Hannon is on Twiter at @marythannon.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.

In this episode, Stephen M. Griffin, W.R. Irby Chair and Rutledge C. Clement Jr. Professor in Constitutional Law at Tulane University Law School, discusses his article "Optimistic Originalism and the Reconstruction Amendments," which will be published in the Tulane Law Review. Griffin begins by describing what he calls "optimistic originalism," or originalism that argues the "rights revolution" of the 20th century is consistent with the original meaning of the Reconstruction Amendments. Griffin explains the argument presented by optimistic originalists, why it is historically unconvincing, and how we should think about constitutional change.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.