Jacob Gordon on Gang Violence & Just War Theory
In this episode, Jacob Gordon, a recent graduate of Harvard Law School, discusses his draft article "Gang Violence and Just War Theory." Gordon begins by explaining the basic premises of just war theory. He then describes common features of gangs, and how they often track with the features considered by just war theory. He argues that concepts drawn from just war theory can help us better understand the relative culpability of gang members for gang violence, and argues that gang participation should mitigate moral culpability for violence, at least in some circumstances.
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793. Aliza Shatzman on the Clerkships Whisper Network46:12In this episode, Aliza Shatzman of the Legal Accountability Network discusses her article "The Clerkships Whisper Network: What It Is, Why It's Broken, And How To Fix It," which is published in the Columbia Law Review. Shatzman is on Twitter at @AlizaShatzman.This episode was hosted by Peter Romer-Friedman on PRF Law.
792. Rachel O'Dwyer on Tokens41:48In this episode, Rachel O'Dwyer, a lecturer in Digital Cultures in the National College of Art and Design, Dublin, discusses her new book "Tokens: The Future of Money in the Age of the Platform," which is published by Verso Books. O'Dwyer explains what tokens are, how they relate to money, how they have been used at different points in time, and how they are used today. O'Dwyer is on Twitter at @Rachelodwyer.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.
791. Claire Aubin on Holocaust Perpetrators44:55In this episode, Claire E. Aubin, a faculty member at Gratz College who will be a lecturer at UC Davis, discusses her work on Holocaust perpetrators, including her dissertation, "From Treblinka to Trenton: Holocaust perpetrators as immigrants to the post-war United States" and her recent article for Time magazine. Aubin explains why Holocaust perpetrators were able to emigrate to the United States without being caught, how they camouflaged themselves from immigration authorities, how some were caught, and why many escaped detection. She explains how studying the experiences of Holocaust perpetrators helps us better understand the historical context in which they were able to escape detection, present themselves as priority candidates for immigration to the United States, and disguise their past. Aubin is on Twitter at @ceaubin.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.
790. Christa Laser on the Law of the Blockchain44:23In this episode, Christa Laser, Assistant Professor of Law at Cleveland State University College of Law, discusses her article "Legal Issues in Blockchain, Cryptocurrency, and NFTs," which will be published in the Nebraska Law Review. Laser begins by explaining that we should think about the relationship between law and the blockchain as posing questions about how to apply abstract concepts to problems posed by new technologies, not an obligation to create a new body of law. She describes how regulators and courts have applied securities law, intellectual property law, and contract law to blockchain-related problem. And she encourages regulators, courts, and legislators to learn more about how this new technology works before acting to regulate it. Laser is on Twitter at @ChristaLaser.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.
789. David Yosifon on Agency and Well-Being37:23In this episode, David G. Yosifon, Peter Canisius, S.J. Professor of Law at Santa Clara University School of Law, discusses his article "Agent Correction: Chastisement, Wellness, and Personal Ethics," which is published in the Florida State University Law Review. Yosifon begins by describing the broader scholarly project of which this article is a part, investigating how concepts derived from corporate governance can inform and promote human well-being. He describes the early modern concept of "agent correction," which authorized the principal to enforce the agency relationship by "chastizing" or hitting the agent. He explains that the law has long-since rejected agent correction, but observes that the concept of "wellness" may have replaced it as a humane and agent-centered way of encouraging observance of fiduciary obligations and personal ethics. Yosifon is on Twitter at @DavidYosifon.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.
788. Zachary Catanzaro on Artificial Intelligence & Copyright Theory31:25In this episode, Zachary L. Catanzaro, Assistant Professor of Law at St. Thomas University Benjamin L. Crump College of Law, discusses his draft article "Beyond Incentives: Copyright in the Age of Algorithmic Production." Catanzaro begins by describing the history of the development of copyright law and how that history shaped the dominant incentives-based theory of copyright. He explains how algorithmic AI programs work, and reflects on how the development of AI technology should affect our assessment of the incentives theory. And he suggests that incentives-based justifications for copyright might need to give way to justifications based on moral rights. Catanzaro is on Twitter at @brainstorm_law.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.
787. Sara Protasi on Envy41:20In this episode, Sara Protasi, Associate Professor of Philosophy at the University of Puget Sound, discusses her book "The Philosophy of Envy," which is published by Cambridge University Press. Protasi explains how envy is different from other emotions, including jealously. She describes the different kinds of envy. And she argues that at least some kinds of envy are good and should be encouraged, even though some other kinds are bad. Protasi is on Twitter at @natadicorsa.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.
786. Quinn Yeargain on Litigating Trans Rights42:28In this episode, Quinn Yeargain, Assistant Professor of Law at Widener University Commonwealth Law School, discusses his article, “Litigating Trans Rights in the States,” which will be published by the Ohio State Law Journal. Yeargain describes recent efforts by states to pass legislation infringing on the rights of transgender individuals, and argues that while challengers have found success challenging these laws on federal constitutional grounds, they should also challenge these laws on state constitutional grounds. Drawing parallels to prior challenges to restrictive marriage provisions, sodomy bans, and other laws, Yeargain argues that state constitutional equality provisions, privacy provisions, and other rights guarantees provide strong avenues to challenge legislation targeting trans people. Yeargain also discusses researching and studying state constitutional law. Yeargain is on Twitter at @yeargain.This episode was hosted by Michael L. Smith, Assistant Professor of Law at St. Mary’s University School of Law. Smith is on Twitter at @msmith750.
785. Michael Smith on Library Crimes37:22In this episode, Michael Smith, Assistant Professor of Law at St. Mary's University School of Law, discusses his article "Library Crime," which will be published in the Drake Law Review. Smith describes the different kinds of crimes that are specific to libraries, how they differ from state to state, and why they exist. He reflects on library crimes and what they can tell us about libraries as institutions. And he explain how library crimes illuminate the purposes of criminal justice more generally. Smith is on Twitter at @msmith750.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.