Ipse Dixit

In this episode, Kenneth A. Adams, an attorney and expert on contract drafting, discusses his book, "A Manual of Style for Contract Drafting," which is published by the ABA. Adams describes how he became interested in the style of contract drafting and why he thinks it is often so bad. He explains how contract drafting can be improved and why better drafted contracts are preferable. And he provides specific examples of improved drafting from his book. In the course of the interview, Adams also provides comments on a short contract I drafted. You can see his written comments here.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.

In this episode, Lisa P. Ramsey, Professor of Law at the University of San Diego School of Law, discusses the Supreme Court's recent decision in Jack Daniel's v. VIP products in light of her article "Raising the Threshold for Trademark Infringement to Protect Free Expression," which she co-authored with Christine Haight Farley, and which is published in the American University Law Review. Ramsey begins by describing what happened in the Jack Daniel's case and why the Supreme Court's opinion is narrower than a lot of commenters realize. She explains why cases like Jack Daniel's present First Amendment problems, and how those problems can be avoided by more robust defenses to trademark infringement and dilution. Ramsey is on Twitter at @LPRamsey.Ramsey also wrote an essay on the Jack Daniel's v. VIP case for Eric Goldman's Technology & Marketing Law Blog, which you can read here.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.

In this episode, Brian McBreary, a forensic musicologist, explains what forensic musicologists do and how they analyze music. He describes how he became a forensic musicologist and the process by which forensic musicologists approach the analysis of songs as expert witnesses in copyright infringement litigation. And he specifically reflects on recent copyright infringement cases involving Marvin Gaye songs. McBrearty hosts the website Musicologize and is on Twitter at @brianmcbrearty.

In this episode, Sara Gras, Associate Professor and Executive Director of the Peter W. Rodino, Jr. Law Library Center for Information & Technology at Seton Hall University School of Law, discusses her article "Positioning Podcasting as Legal Scholarship," which will be published in the Utah Law Review. Here is the abstract:Technology has revolutionized legal practice, education, and society generally, yet the availability of new forms of digital media has not significantly changed the locus of legal scholarship. This Article examines whether our collective understanding of where scholarship can exist should expand to include podcasting as a formally acknowledged medium for legal scholarship.This episode was hosted by Noah Chauvin. Chauvin is on Twitter at @NoahChauvin.

In this episode, Elise Bernlohr Maizel, Acting Assistant Professor of Lawyering at NYU Law School, discusses her article "The Case for Downsizing the Corporate Attorney-Client Privilege." Maizel begins by describing the attorney-client privilege and work product doctrine. She explains why the attorney-client privilege doctrine has always been a poor fit for corporate clients. And she proposes a new model for the attorney-client privilege in the corporate context that is both more conceptually coherent and practically desirable. Maizel is on Twitter at @eliseconstance.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.

In this episode, Michael J. Kasdan, a partner at Wiggin and Dana LLP, discusses his work as a lawyer in the Web3 space. Among other things, Kasdan discusses how intellectual property affects Web3 markets, including how Web3 companies are using their intellectual property rights in new and unexpected ways.This episode was hosted by Sidhant Raghuvanshi, an LLM student at UC Berkeley School of Law.

In this episode, Aliza Shatzman, President and Founder of The Legal Accountability Project, discusses her new article, "The Conservative Case for the Judiciary Accountability Act," which is published in the Harvard Journal on Legislation. Schatzman observes that the federal judiciary has a harassment problem and describes her own experience of harassment. She describes the Judicial Accountability Act, which would impose Title VII requirements on the federal judiciary, among other protections. And she explains why conservative lawmakers should support the legislation.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.

In this episode, Ari Cohn, Free Speech Counsel at Tech Freedom, discusses the proposed Kids Online Safety Act, which the Senate is currently considering. Cohn begins by explaining the history of KOSA and similar previous bills, what KOSA is supposed to accomplish, and how it's supposed to accomplish that goal. He explains why KOSA as drafted presents intractable practical and First Amendment problems. And he argues that Congress should reject KOSA in its entirety. Cohn is on Twitter at @AriCohn.A current version of KOSA is available here.Tech Freedom's letter opposing KOSA is available here.A coalition letter opposing KOSA is available here.Additional information is available here.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.

In this episode, Neil Chilson, a senior research fellow for technology and innovation at Stand Together and former chief technologist at the FTC, discusses the FTC's proposal to create a trade regulation rule on commercial surveillance and data security. Chilson begins by discussing the FTC's history of rulemaking and why this rulemaking proposal is important. He reflects on what the FTC might be trying to achieve in this rulemaking process and discusses some potential concerns. He also discusses his own public comments, some of which he produced using an AI text generator, in order to express concerns about the potential effect of regulation on the development of AI tools. Chilson is on Twitter at @neil_chilson.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.