The Private Law Podcast
By Felipe Jimenez
The Private Law PodcastApr 23, 2021
Paul Miller and Jeff Pojanowski on the Internal Point of View
Paul Miller and Jeff Pojanowski are law professors at the University of Notre Dame. Paul Miller has written extensively in the areas of fiduciary law, private law theory, corporate law, equity, and legal theory. Jeff Pojanowski writes in the areas of administrative law, jurisprudence, legal interpretation, and torts. In this episode, we talk about their paper The Internal Point of View in Private Law, which will be published in the American Journal of Jurisprudence.
Hanoch Dagan on A Liberal Theory of Property
Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and the Director of the Safra Center for Ethics at Tel-Aviv University. Professor Dagan has written multiple articles and books on restitution, legal realism, contract theory, and property theory. In this episode, we talk about his book “A Liberal Theory of Property.”
Larissa Katz on Ownership
In this episode, I talk to Larrisa Katz (University of Toronto) about her work on the idea of ownership as an office, equity, and other topics.
Arie Rosen on Democracy, Private Law, and Interpretation
Arie Rosen is a Senior Lecturer in Law at the University of Auckland. In this episode, we discuss his work on democracy, private law, and statutory interpretation.
Myriam Gilles on Mandatory Arbitration and Class Actions
In this episode, I talk to Myriam Gilles, a law professor at Cardozo, about her work on arbitration, class actions, and access to justice.
Roseanna Sommers on Experimental Jurisprudence
I talk with Roseanna Sommers, Assistant Professor of Law at the University of Michigan, about experimental jurisprudence.
Julian Arato on International Law and Private Law
I talk with Julian Arato, Professor of Law at Brooklyn Law School. Julian’s work focuses on public international law, international economic law, and private law, and he has written multiple articles on the law of treaties, international investment law and dispute resolution, international trade, contracts, and private law theory.
Liam Murphy on Conventionalism and Private Law
In this episode, I talk to Liam Murphy, Professor of Law and Philosophy at New York University. Liam works in legal, moral, and political philosophy, and has written about multiple topics, including moral duties in nonideal theory, the foundations of tax policy, private law theory, international responsibility, and the nature of law. He was also my doctoral supervisor.
Dorothy Lund on Shareholders as Regulators
In this episode, I talk with my friend and colleague Dorothy Lund, Associate Professor of Law at USC. We discuss her paper "Shareholders as Regulators."
Seana Shiffrin on Promises, Contracts, and Democracy
In this episode, I talk with Seana Shiffrin, Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA. Professor Shiffrin is one of the most influential legal theorists of her generation, and has written extensively in moral, political, and legal philosophy, as well as contract law and free speech.
In this episode, we talk on her work on promises, contracts, and democratic law.
Kim Krawiec on Taboo Markets
I talk with Kim Krawiec, Sullivan and Cromwell Professor of Law at the University of Virginia. Professor Krawiec is an expert in taboo trades and financial regulation, and has written multiple articles and book chapters on these topics. We discuss taboo markets, sex work, kidney exchange, Bad Art Friend, feminism, and the limits of markets.
Greg Klass on Arthur Corbin
I talk with Greg Klass about his forthcoming paper on Arthur L. Corbin, forthcoming in Scholars of Contract Law (James Goudkamp & Donal Nolan eds., Hart Publishing).
Greg Klass is a contracts and legal theory scholar at Georgetown.
Nate Oman on Contracts, Markets, and Liberalism
Nate Oman is a Professor of Law at William and Mary Law School. Nate has written extensively about contract theory and law and religion, and he is the author of several articles and books, including The Dignity of Commerce, published in 2016 by the Chicago University Press. In this episode, we talk about his work on contract theory.
Mitu Gulati, Amanda Dixon, and Hadar Tanne on Specific Performance
In this episode, I talk with Mitu Gulati, Amanda Dixon, and Hadar Tanne, who coauthored the paper “Lipstick on a Pig: Specific Performance Clauses in Action.”
Mitu is a Professor of Law at the University of Virginia. He is an expert in sovereign debt restructuring and the law of contracts. Amanda and Hadar were his students at Duke University School of Law.
Jody Kraus and Bob Scott on Equity, Personal Sovereignty, and Contract Theory
Jody Kraus teaches at Columbia University, he is a lawyer and a philosopher by training, and focuses his scholarship on the relationship between moral and economic theories of law in general, with particular emphasis on contract law. Robert Scott is a Professor Emeritus at Columbia, and is an internationally recognized scholar and teacher in the fields of contracts, commercial transactions, and bankruptcy, and one of the leading figures of the economic analysis of contract law.
I talk to them about the work on personal sovereignty and against equity in American contract law.
Courtney Cox on Normative Uncertainty
In the first episode of Season 2, I talk with Courtney Cox, Associate Professor at Fordham University School of Law, about her paper "Confronting Normative Uncertainty."
Kish Parella on Negligent Contracts
I talk with Kish Parella, Associate Professor of Law at Washington and Lee University, on her work on negligent contracts.
Nico Cornell on Rights and Wrongs
I talk with Nicolas Cornell, Professor of Law at the University of Michigan. Professor Cornell works on ethics and private law theory, and his work has been published on Philosophical Review, Philosophy and Public Affairs, the Yale Law Journal, and the University of Pennsylvania Law Review, among others. We talk about his work on rights and wrongs, competition wrongs, preemptive forgiving, and his upcoming book.
Yael Lifshitz on the Geometry of Property
Yael Lifshitz is Lecturer in Property Law at King’s College London. She works on property law, energy law and natural resources, and has written extensively about property law and theory and the governance of energy and natural resources. We talkabout her paper The Geometry of Property, published in the University of Toronto Law Journal.
Zoë Sinel on Corrective Justice
Zoë Sinel is Associate Professor of Law at the University of Western Ontario. Professor Sinel works on private law and legal theory, with a particular focus on civil remedies for private wrongdoing, and is one of the leading voices in recent Canadian private law theory. We talk about corrective justice, private law theory, and the influence of Ernest Weinrib and John Gardner.
Brian Bix on Contract Theory
Brian Bix is a Professor of Law and Philosophy at the University of Minnesota. We talk about contract theory, the limits of universal and general theories, breach of contract, and the contrast between theory and practice in contract law.
Pamela Foohey on Bankruptcy, Debt, and the Pandemic
Pamela Foohey is currently Professor of Law at Indiana University Maurer School of Law, and will soon become Professor of Law at Cardozo School of Law in New York. Professor Foohey is an expert in bankruptcy law and policy, she is part of the Consumer Bankruptcy Project, and her work has been featured in multiple media outlets. Today, we talk about bankruptcy, debt, and the Covid-19 pandemic.
Arthur Ripstein on Kant
I talk with Arthur Ripstein, Professor of Law and Philosophy at the University of Toronto. Professor Ripstein works in the areas of tort theory, legal and political philosophy, and—more recently—the ethics of war. He is also an expert in Kant’s legal and political thought.
Greg Keating on Tort Theory
I talk to my colleague, Greg Keating, William T. Dalessi Professor of Law and Philosophy at the University of Southern California. We talk about tort theory, law and economics, corrective justice, the influence of Rawls, and his upcoming book, Reasonableness and Risk.
Andrew Gold on The Right of Redress
In this episode, I talk with Andrew Gold, professor of law at Brooklyn Law School. Professor Gold works in the areas of private law theory, fiduciary law, and the law of corporations. We talk about his recent book, The Right of Redress (published by Oxford University Press).
Alexandra Lahav on Chancy Causation in Tort
I talk with Alexandra Lahav about her paper Chancy Causation in Tort. Alexandra Lahav is the Ellen Ash Peters Professor of Law at the University of Connecticut School of Law. Professor Lahav focuses her research on the civil justice system, tort law, and litigation. She is the author of the book In Praise of Litigation and of multiple articles and book chapters.
John Goldberg and Ben Zipursky on Recognizing Wrongs
John Goldberg is Carter Professor of General Jurisprudence at Harvard Law School, and Ben Zipursky is James Quinn Chair in Legal Ethics and Professor of Law at Fordham University School of Law.
We talk about their recent book, Recognizing Wrongs, along with pragmatic conceptualism, instrumentalism, legal reasoning, and the new private law.
Danielle D'Onfro on Error-Resilient Consumer Contracts
In this episode, I talk with Danielle D’Onfro, Associate Professor of Law at Washington University School of Law. Professor D’Onfro teaches Property, Corporations, and other private law courses, and her research focuses on private law theory, business associations, contracts, and property. We talk about her paper, Error-Resilient Consumer Contracts.
Charles Barzun on the Common Law
Charles Barzun is a law professor at the University of Virginia. His areas of interest include constitutional law, torts, evidence and the history of legal thought. In this episode, we talk about the common law method, Ronald Dworkin, Catharine MacKinnon, and the internal/external divide in legal theory.
Aditi Bagchi on Private Law and Distributive Justice
Aditi Bagchi teaches Contracts and Labor Law at Fordham University School of Law. She writes about the nature of contractual obligation, contract interpretation, and questions in political and moral philosophy as they arise in contract. She has a related interest in the comparative political economy of contract, labor and corporate law. Our conversation focused on private law, distributive justice, relational equality, and contract as procedural justice.