Ipse Dixit


Greg Shill on Legal Subsidies to Cars

Season 1, Ep. 207

In this episode, Gregory Shill, Associate Professor of Law at the University of Iowa College of Law, discusses his article "Should Law Subsidize Driving?," which will be published by the NYU Law Review. Shill begins by describing the terrible toll that automobiles inflict on America every year: 93,000 deaths (40,000 in crashes and another 53,000 killed prematurely by vehicle emissions), millions of serious injuries, and many hundreds of billions of dollars of damages due to lost lives alone. Then he explains how automobiles are subsidized not only by intentional public policy, but also by legal rules that prioritize and indemnify driving, while discouraging and stigmatizing other forms of transportation. He argues that this reflects policy choices that we can and must reverse, and discusses effective approaches to reform adopted by other countries, which have dramatically reduced driving and the terrible costs it imposes. Shill is on Twitter at @greg_shill.

Shill recommends the following resources for those interested in learning more about reform:

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Aliza Shatzman on Holding Judges Accountable

Season 1, Ep. 758
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 byBrian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at@brianlfrye.