Judge Kyle Duncan Talks About Stanford
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 23 March 2023
⏱️ 52 minutes
🧾️ Download transcript
Summary
In this episode your hosts discuss the amusing oral arguments in the Jack Daniels parody case and unpack the one opinion of the week. Judge Kyle Duncan also joins the show to talk about the recent free-speech debacle at Stanford Law School. He explains what happened, reflects on its implications for the legal profession, on the proper purpose of law school, and offers some thoughts about how we might cultivate a more civil environment.Trivia this week is: Do you know more about free-speech law than a Stanford Law student?
Here is Judge Duncan's article in the Wall Street Journal.
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Transcript
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| 0:00.0 | Mr. Chief Justice, may it please the court. |
| 0:05.9 | I'm John Carlo Canoparo. |
| 0:07.9 | I'm Zach Smith. |
| 0:09.0 | And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government. |
| 0:24.8 | Welcome back to SCOTUS 101. The court heard oral arguments in a few noteworthy cases this week and handed down one opinion. Zach, can you start us |
| 0:29.8 | off with arguments? Sure thing. In light of our long interview this week, let's focus on two |
| 0:34.9 | oral arguments. The first is Coinbase v versus Bilski. It's an arbitration |
| 0:39.1 | case that will decide whether a district court must stay a case when a party files an interlocutory |
| 0:45.1 | appeal from the court's denial of a motion to compel arbitration. The second is Jack Daniels versus |
| 0:51.0 | VIP products. This is the trademark infringement case involving a dog toy that looks like a Jack |
| 0:56.7 | Daniels bottle with the text change to humorous, somewhat crude, dog-do-related phrases. |
| 1:04.0 | The question is, does this dog toy fall within the parity exception to the trademark laws? |
| 1:09.5 | Now, this was a fascinating oral argument. |
| 1:13.3 | The incomparable Lisa Black argued part of it, and I encourage everyone to go look at excerpts |
| 1:19.0 | from that transcript. |
| 1:20.0 | I think Lisa Black got away with argument techniques only Lisa Black could get away with. |
| 1:26.6 | But during oral argument, the justices seemed to have |
| 1:29.1 | fun with the case too, and Justice Elena Kagan admitted that she didn't get the joke. She said, |
| 1:34.9 | quote, maybe I just have no sense of humor, but where's the parody? To her, the dog toy was more |
| 1:41.1 | like a standard commercial product than a political t-shirt, a film, |
| 1:44.6 | or any other more expressive sort of item. On the other hand, justices Alito, Sotomayor, |
| 1:50.1 | and Jackson were concerned about the First Amendment implications of letting Jack Daniels put |
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