See generally University of Pennsylvania Law Review

In this episode of See generally, Allen Sumrall and Beau Baumann join Sheila Orfano to discuss their recently published essay in The University of Pennsylvania Law Review Online, Clarifying Judicial Aggrandizement. They talk about what judicial aggrandizement means and how it differs from related concepts of judicial supremacy, juristocacy, and judicial activism. They also delve into how judicial aggrandizement can shed light on what the Roberts Court is doing today, including in the Court's consideration of landmark cases like Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which are expected to soon overturn the longstanding administrative law doctrine of Chevron deference.



Interview by Sheila Orfano, Online Managing Editor, Vol. 172, University of Pennsylvania Law Review. Produced and edited by Sheila Orfano.



Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

In this episode of See generally, Kimberly Kessler Ferzan, Earle Hepburn Professor of Law and Professor of Philosophy and Co-Director of the Institute of Law and Philosophy at the University of Pennsylvania Carey Law School, joins Kristen Marino to discuss her research in criminal law theory and evidence. Professor Ferzan begins by describing her path to becoming a law professor and her experience working at the U.S. Department of Justice. Then, she discusses her forthcoming article, The Trouble with Time Served. She analyzes the potential justifications for pretrial detention and the practice of awarding credit for time served, arguing ultimately that this approach contributes to ongoing issues with the criminal justice system and that, alternatively, we should financially compensate defendants who are preventively detained. Additionally, Professor Ferzan describes her recently published paper, #WeToo, where she illustrates that the #MeToo movement's success was facilitated by group allegations. She analyzes the impacts that this phenomenon will have on the criminal justice system, including the effects of its intersection with racial injustices.

Interview by Kristen Marino, Media Editor, Vol. 171, University of Pennsylvania Law Review.

Produced and edited by Andrew Gormley.

Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

Transcript.

Cite as: See generally, A Conversation with Professor Kimberly Kessler Ferzan, U. Pa. L. Rev. (May 5, 2023), https://anchor.fm/see-generally-podcast.

© University of Pennsylvania Law Review 2023.

In this episode of See generally, Chris Morten, Associate Clinical Professor of Law at Columbia Law School, joins Kristen Marino to discuss his research in technology, health, information, and intellectual property law. Professor Morten begins by describing his clinical work and practice experience. Then, he discusses his forthcoming article, Publicizing Corporate Secrets, which argues that regulators may publish trade secret information to noncommercial users and proposes a framework for doing so. Additionally, Morten describes his recent co-authored article, The Big Data Regulator, Rebooted: Why and How the FDA Can and Should Disclose Confidential Data on Prescription Drugs and Vaccines. This paper illustrates the problems with agencies withholding data about medicines and vaccines, and it proposes a model to encourage information-sharing. 

Interview by Kristen Marino, Media Editor, Vol. 171, University of Pennsylvania Law Review.

Produced and edited by Andrew Gormley.

Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

Transcript.

Cite as: See generally, A Conversation with Professor Chris Morten, U. Pa. L. Rev. (Apr. 18, 2023), https://anchor.fm/see-generally-podcast.

© University of Pennsylvania Law Review 2023.

In this episode of See generally, Dave Hoffman, Deputy Dean and William A. Schnader Professor of Law at the University of Pennsylvania Carey Law School, joins Kristen Marino to discuss his research in contract law. Professor Hoffman begins by describing his path to academia and interdisciplinary methodological approaches. Then, he describes his forthcoming article, Nonparty Interests in Contract Law, in which he identifies “nonparty defaults” as a judicial technique for resolving contract disputes. He develops a normative account of when courts should advance these nonparty interests. Additionally, Hoffman outlines his forthcoming article, Defeating the Empire of Forms, which argues that the scope of forms in people’s lives is a social problem that could be remedied by a reverse statute of frauds. Lastly, he discusses the collective implications of these articles.

Interview by Kristen Marino, Media Editor, Vol. 171, University of Pennsylvania Law Review.

Produced and edited by Andrew Gormley.

Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

Transcript.

Cite as: See generally, A Conversation with Professor Dave Hoffman, U. Pa. L. Rev. (Mar. 28, 2023), https://anchor.fm/see-generally-podcast.

© University of Pennsylvania Law Review 2023.

In this episode of See generally, University of Southern California Gould School of Law Professor Dorothy Lund joins Kristen Marino to discuss her research in corporate law and corporate governance. Professor Lund outlines her new article, Asset Managers as Regulators, in which she develops a theoretical framework for evaluating the role of asset managers in the modern regulatory environment. She discusses the costs and benefits of these dynamics and corporations' responses to them. Additionally, Professor Lund explains the role of the government in managing this privatization of regulation, as well as the effects of intermediation and agency costs. Lastly, Professor Lund discusses the difficult normative questions associated with this development.

Interview by Kristen Marino, Media Editor, Vol. 171, University of Pennsylvania Law Review.

Produced and edited by Andrew Gormley.

Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

Transcript.

Cite as: See generally, A Conversation with Professor Dorothy Lund, U. Pa. L. Rev. (Jan. 23, 2023), https://anchor.fm/see-generally-podcast.

© University of Pennsylvania Law Review 2023.

In this episode of See generally, University of Pennsylvania Carey Law School Professor Elizabeth Pollman joins Kristen Marino to discuss her research in corporate governance, venture capital, and startups. First, Professor Pollman describes her new article, The Making and Meaning of ESG. In the paper, she outlines the history of ESG, explains different conceptions and usages of the term, and offers an analytic critique of the term and its consequences. Then, she discusses her working paper, Startup Failure, which serves as a sequel to Startup Governance. She offers an original theory about the law and culture of startup failures. Lastly, Professor Pollman discusses her role as co-director of the Institute for Law & Economics at the University of Pennsylvania Carey Law School.

Interview by Kristen Marino, Media Editor, Vol. 171, University of Pennsylvania Law Review.

Produced and edited by Andrew Gormley.

Cover Art by Emily Horwitz, Online Executive Editor, Vol. 170, University of Pennsylvania Law Review.

Transcript.

Cite as: See generally, A Conversation with Professor Elizabeth Pollman, U. Pa. L. Rev. (Nov. 21, 2022), https://anchor.fm/see-generally-podcast.

© University of Pennsylvania Law Review 2022.