Category: Law Talk

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Law Talk: Doug Berman on the Evolution of Legal Scholarship

In this week’s episode I speak with Professor Doug Berman of Ohio State’s Moritz College of Law. Doug is an expert in criminal law and, especially, sentencing policy. He is the keeper of the Sentencing Law and Policy Blog, which has been cited by several courts. He is also an avid observer of the world of legal academia and contributes to the Law School Innovation Blog. In this episode Doug and I talk about recent developments in the world of law schools and legal academia and what they might mean.

You can subscribe to “Law Talk” using iTunes or Feedburner. You can also visit the “Law Talk” page at the iTunes store. For previous episodes of Law Talk at Co-Op click here.

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Law Talk: Markovits on Contracts of Adhesion

In this week’s episode I speak with Professor Daniel Markovits of the Yale Law School. Daniel writes in a variety of areas including the philosophy of law, the theory of toleration, and — most importantly — the theory of contract law. In 2004, Daniel published an ambitious article in the Yale Law Journal“Contract and Collaboration” — in which he sought to offer a new theory of contractual liability based on the integrative and pro-social effects of contracts. He is now at work on a project that applies his collaborative theory of contract to the perennial problem of contracts of adhesion. The result, as you can hear in this episode, is a critique of contracts of adhesion that is unrelated to the traditional complaints of unequal bargaining power and substantive unfairness.

You can subscribe to “Law Talk” using iTunes or Feedburner. You can also visit the “Law Talk” page at the iTunes store. For previous episodes of Law Talk at Co-Op click here.

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Law Talk: Al Brophy on Slavery, Reparations, and Institutional Responsibility

epstein.jpgIn this week’s episode of Law Talk, we hear from Professor Al Brophy of the University of Alabama Law School. In addition to his fame as a Co-Op guestblogger, Al is a legal historian with a special interest in issues of slavery and race in American law. Al is also interested in issues surrounding debates over reparations and apologies for slavery. In this podcast, he discusses how universities and colleges with links to slavery might deal with these issues, using the example of my own employer, The College of William & Mary.

You can subscribe to “Law Talk” using iTunes or Feedburner. You can also visit the “Law Talk” page at the iTunes store. For previous episodes of Law Talk at Co-Op click here.

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Law Talk: Gordon Smith and Contracts as Organizations

This week I speak with Professor D. Gordon Smith of BYU Law School (and, of course, The Conglomerate). In this week’s episode, we discuss Gordon’s paper “Contracts as Organizations” (with Brayden King), now up on SSRN. Essentially, Gordon is proposing an emperical research agenda for the study of contracts. By “contracts,” Gordon really does mean “contracts,” not contract law or contract dispute resolution. His argument is that we can use ideas from sociology and organization theory to think about contracts as a species of organization, a move that he claims opens up new possibilities in terms not only of how we answer questions about the process of contracting but also what questions we ask. Enjoy!

You can subscribe to “Law Talk” using iTunes or Feedburner. You can also visit the “Law Talk” page at the iTunes store. For previous episodes of Law Talk at Co-Op click here.

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Law Talk: Richard Epstein and the Classical Liberal Constitution

epstein.jpgIn the latest episode of “Law Talk,” I speak with Professor Richard Epstein of the University of Chicago and Stanford’s Hoover Institute (currently visiting at NYU). Epstein, of course, is known as one of the most articulate and prolific academic defenders of libertarian or classical liberal approaches to the law. In this episode, he discusses one of his current projects, a volume to be published by Basic Books on the classical liberal history of the constitution. Enjoy!

You can subscribe to “Law Talk” using iTunes or Feedburner. You can also visit the “Law Talk” page at the iTunes store. For previous episodes of Law Talk at Co-Op click here.

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Law Talk: Steven D. Smith and Law’s Quandary

smithsd.jpgI am happy to announce the inaugural episode of “Law Talk: The Legal Scholarship Podcast.” My guest for this episode is Steven D. Smith, the Warren Distinguished Professor of Law at the University of San Diego and the Co-Director of San Diego’s Institute for Law and Philosophy. In this episode, we discuss Steve’s book Law’s Quandary as well as his recently published lecture, “The (Always) Immanent Death of Law.” Along the way, Steve has some fascinating things to say about law, the state of legal philosophy, and what jurisprudence might (or might not) have to say to the “real” practice of law.

You can subscribe to “Law Talk” using iTunes or Feedburner. “Law Talk” is very much a work in progress, and I welcome any feedback or suggestions. You can email me at nboman-at-wm-dot-edu.

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“Law Talk”: Coming soon to an iPod near you…

microphone.gifWith the help of Concurring Opinions, I’ll shortly be launching a new podcast — “Law Talk” — focusing on legal scholarship. The basic format will be interviews with law professors about their current research or recent publications. Hopefully we can provide a way of publicizing and popularizing some of the work of the legal academy, as well as giving professors another outlet for sharing their ideas. At this point, I am hoping to get input on three things:

1. I am open to suggestions on the optimal length for the podcast. At this point, I am thinking somewhere in the range of 20 to 30 minutes. Do you think it should be shorter or longer?

2. I am open to suggestions for potential guests. Who would you like to hear from? About what?

3. Do you have a recent publication or a current research project that you would like to discuss on “Law Talk”?

If you have thoughts or suggestions on any of these things, leave a comment or email me at nboman-at-wm-dot-edu.