The Gak

About this Episode

More than the usual nonsense and sniffles as we try to empty the mailbag. Note: Because of a massive gap between time available and time required to edit out the gak, this episode contains many more than the average number of sniffles and echoes. We tried to fire the editor responsible but learned he was one of us, unpaid, and would either be able to release this episode as is or not at all. Religion and American policy (6:19), a chrono-completist suggests a show topic (10:51), on sex discrimination (14:08), incentives for creation (22:16), boilerplate and terms of service (27:04), antitrust and big data (28:50), boilerplate and the FyreFestival (36:59), boilerplate and arbitration and class actions and airline passengers (38:43), ye ole 1x vs. 2x debate and binge-watching/listening (45:35), Asher Steinberg on the major question exception to Chevron (51:21), self-promotion (52:30), “research” not equal to “to search again”(54:03), Grimmelman’s Property Course and IP and the bar exam (57:14), ethicists and the morality of expedited review (1:03:34), return to the place of the constitutional law course (1:06:22), the limited role of books on the web (1:11:47), cosplay (1:13:40), Joel’s article (1:14:22), the politicization of the U.S. Supreme Court and its appointments compared to other countries and more on the Crossover episode (1:15:01), argument in the monkey selfie case (1:23:15), Wonder Woman and Star Trek vs. Star Wars (1:25:06).

This show’s links:

• Oral Argument 101: Tug of War (on gun violence)
• Oral Argument 131: Because of Sex (guest Anthony Kreis on sex discrimination)
• Oral Argument 28: A Wonderful Catastrophe (on Joe’s favorite case(s))
• Oral Argument 132: The Soul of Music (guest Joe Fishman on copyright in music)
• Nicholas Georgakopoulos, The Logic of Securities Law
• Oral Argument 133: Too Many Darn Radio Buttons (guest Jim Gibson on boilerplate in contracts)
• HBO, Silicon Valley: Terms of Service; see also Nick Statt, HBO’s Silicon Valley Wades into a Heated Debate about Privacy Policies
• From The Economist, no byline: The World’s Most Valuable Resource Is No Longer Oil, but Data
• Oral Argument 139: It’s All the Stacey Show (guest Stacey Dogan on competition law and IP)
• About the Fyre Festival
• Jens David Ohlin, United Airlines’ Own Contract Denied It Any Right to Remove Passenger
• Asher Steinberg, Another Addition to the Chevron Anticanon: Judge Kavanaugh on the “Major Rules” Doctrine
• Oral Argument 135: Alexandria (guest James Grimmelman on the Google Books settlement and other things)
• Crabbe's English Synonymes [sic], Centennial Edition (1917), at p. 228 (“re” as intensive)
• Oral Argument 61: Minimum Competence (guest Derek Muller on the bar exam)
• Oral Argument 96: Students as Means
• George Bodarky, How New York’s Roosevelt Island Sucks Away Summer Trash Stink
• Joel Townsend, Adequacy of Risk Assessment in the Exercise of the Character Cancellation Power under the Migration Act 1958 (Cth) (abstract public, paper behind a paywall)
• Oral Argument 134: Crossover (with the hosts of First Mondays)
• The oral argument in Naruto v. Slater (the monkey selfie case at 1:46:00 in the video)
• Oral Argument 141: The Picard Meltdown Principle (guest Leah Litman)
• Oral Argument 142: Normativity (guest Jeffrey Kaplan)