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Mark Satta on Masterpiece Cakeshop & Queer Rights
In this episode, Mark Satta, Associate Professor of Philosophy and Law at Wayne State University, discusses his new book, "Let Them Buy Cake: Gay Weddings and the Coordinated Campaign against Queer Rights," which will be published by Oxford University Press. Satta begins by describing what happened in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), and related litigation that followed it. He explains why these cases are so important and what they tell us about the rule of law in a liberal, democratic society. And he places them in historical context, identifying the broader ideological dispute they reflect and what they can tell us about First Amendment doctrine. Satta is on Twitter and Bluesky.
This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
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841. Judge Beverly Martin on the Article III Coalition
32:28||Season 1, Ep. 841In this episode, the Honorable Beverly B. Martin, a former United States Circuit Judge of the United States Court of Appeals for the 11th Circuit and a former United States District Judge of the United States District Court for the Northern District of Georgia, discusses her role in the Keep Our Republic Article III Coalition of retired federal judges.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
840. Aram Sinnreich on the Law of Sampling & Racial Injustice
39:10||Season 1, Ep. 840In this episode, Aram Sinnreich, a Professor and Graduate Director of the Communication Studies division at American University’s School of Communication, discusses his new book chapter, "Music Sampling Law as Regulatory Vacuum and Check on Black Cultural Power," which will be published in the Oxford Handbook on Sampling in Popular Music, forthcoming from Oxford University Press. Sinnreich begins by describing what sampling is and how it has evolved over time. He explains how copyright law affects sampling, why the legality of sampling is uncertain, and how that uncertainty causes and was caused by racial inequity. He then reflects on how the courts can and should reinterpret sampling law to mitigate those racial inequities. Sinnreich is on Bluesky.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
839. Mike Plante on Louis Sher & Jacobellis v. Ohio (1964)
47:20||Season 1, Ep. 839In this episode, Mike Plante, a filmmaker, producer, and programmer, discusses his new book "Sensation Cinema: The Audacious, Defiant History of Louis Sher and the Art Theatre Guild," which is published by Sticking Place Books. Plante begins by describing his own background in independent film and how he became interested in Louis Sher. He explain who Sher was and how he came to create an empire of independent movie theaters in the 1950s. He the describes the circumstances surround the arrest of Sher's employee Nico Jacobellis for projecting Louis Malle's The Lovers, and how Sher litigated the case all the way to the Supreme Court and won, prompting Justice Stewart's famous line, "I know it when I see it." Plante is on Twitter This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
838. Richard Heppner on Gamifying Civil Procedure
33:59||Season 1, Ep. 838In this episode, Richard L. Heppner, Jr., Associate Dean for Faculty Scholarship and Associate Professor of Law at the Thomas R. Kline School of Law of Duquesne University, discusses TAG!: The Jurisdiction Game, his new board game based on the rules of civil procedure. Heppner begins by explaining why he decided to create the game and how he developed the rules. He describes how he used the game in his civil procedure classes and how it can help students learn how to understand and apply the rules of civil procedure. The game is now available for purchase! Heppner is on Bluesky.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
837. Lisa Ramsey on Trademarks & Free Speech
51:18||Season 1, Ep. 837In this episode, Lisa P. Ramsey, Professor of Law at the University of San Diego School of Law, discusses her new book "Trademarks and Free Speech: Conflicts and Resolutions," which is published by Cambridge University Press. Ramsey begins by explaining what trademarks are, what they protect, what kind of rights they create, and why they exist. She identifies how trademark law comes into conflict with the First Amendment and free speech, and how the abuse of trademarks can exacerbate the conflict. And she describes some ways in which trademark law could be changed in order to advance its legitimate purposes while minimizing conflicts with the First Amendment. Ramsey is on Twitter and Bluesky.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
836. Anna Law on Migration & Citizenship
41:41||Season 1, Ep. 836In this episode, Anna O. Law, professor of political science and the Herbert Kurz Chair of Constitutional Rights at CUNY Brooklyn College, discusses her new book, "Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants," which is published by Oxford University Press. Law's book tells the story on migration to colonial America, the early American republic and the United States during Reconstruction. She explains that the conventional story of open migration controlled only by the federal government is misleading, because state and local government imposed considerable burdens on migration and migrants. She describes those laws, how they affected migration policy, and how they are still with us today. Law is on Twitter and Bluesky.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
835. Jerry Edwards on the Early History of the First Amendment
42:35||Season 1, Ep. 835In this episode, Jerry Edwards, Associate Professor of Law at West Virginia University College of Law, discusses his draft article "The Reconstructed First Amendment." Edwards begins by reflecting on why the original understanding of the First Amendment is important in this historical moment. He then explains how the understanding of the First Amendment at the time of its ratification was very different from the modern understanding, and how that original understanding persisted long past the ratification of the 14th Amendment and Reconstruction. He also discusses how his historical observations might affect current debates over the interpretation of the First Amendment. Edwards is on Bluesky.This episode was hosted by Brian L. Frye, Professor of Law at Tulane University School of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.
834. Jon Lee on Sanctioning Lawyers Who Commit Crimes
49:56||Season 1, Ep. 834In this episode, Jon J. Lee, Associate Dean for Faculty Development and Research and Frank Elkouri and Edna Asper Elkouri Professor in Law at the University of Oklahoma College of Law, discusses his article "Sanctioning Lawyer-Criminals," which is published in the Washington and Lee Law Review. Lee begins by explaining how the legal profession regulates itself and disciplines lawyers. He describes the history of how the legal profession has disciplined lawyers who commit crimes, including which crimes it has considered worthy of discipline and why. He presents an empirical study of how different jurisdictions currently discipline lawyers for criminal activity. And he reflects on how the legal profession ought to address criminality. Lee is on Twitter and Bluesky.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 and on Bluesky at @brianlfrye.bsky.social.