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STATEMENT OF SOLIDARITY WITH THE BLACK COMMUNITY

The Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. XXXI stands in solidarity with the Black community and its allies in their efforts to bring about a long overdue paradigm shift in our society. Change is necessary to begin a path toward healing the wounds of slavery, systemic oppression, and racism. The horrific acts of discriminatory violence and police brutality which resulted in the deaths of George Floyd, Ahmaud Arbery, Breonna Taylor, Tony McDade, and many others have, once again, painfully exposed the unjustifiable differences between the lived experiences of those within the Black community and those outside it. The IPLJ Board fervently denounces these acts and all acts of discriminatory violence, police brutality, and racism.

 

As future attorneys, we have an important role in addressing systemic racism and how it impacts our society and the justice system. We must speak up to condemn unjust acts toward the Black community and always follow their lead in the fight to dismantle racist structures.

 

To this end, we ask these three things of ourselves and the Fordham Law student body.

 

First, spend some time quietly reflecting within yourself. Think about what you want the future to look like and how you can help achieve that future. Everyone can contribute in their own way.

 

Second, speak out whenever you witness racism whether it is overt, covert, or microaggression. When racism is condemned publicly as it occurs, the act of condemning it is normalized and the act itself becomes increasingly intolerable within society.

 

Third, educate yourself and help to educate others. To help uplift Black communities we must not only seek to recognize and acknowledge the adversity they face but also their accomplishments and impacts.

 

Following the lead of the Fordham International Law Journal, the IPLJ has compiled a supplement to this statement which we hope proves useful in beginning, or continuing, an educational journey to increasingly informed empathy for modern Black struggles. The supplement consists of links to several comprehensive antiracism guides, academic articles that address racial inequities in law and policy, and quick lists of educational resources such as books and movies.

 

We further believe that this is a pivotal time to take a stand and mold the future of this journal. As such, the IPLJ Board has voted to create a new Board position focused on amplifying Black, Indigenous, and People of Color (BIPOC) voices as well as those of marginalized communities in general.

 

This position will be responsible for the curation of BIPOC and marginalized community content for the IPLJ website and social media platforms and will actively solicit quality Articles that address the legal issues these communities face at the intersections of IP, media, and entertainment law – as well as other tasks to be determined before officially adding the role to the IPLJ constitution.

 

It is our understanding that the faculty must approve a new credit-bearing position for the journal; we are actively seeking that approval. Arguments for the necessity of a credit-bearing position have been included in the supplement to this statement.

 

Finally, to anyone who is suffering through this difficult time… we hear you, and we stand with you.

 

Sincerely,

The IPLJ Board of Editors, Vol. XXXI

Educational Supplement for Law Student Allies of the Black Community

Comprehensive Resource Links

These incredibly comprehensive guides and resource lists were created, and are still being updated, through the passion and extraordinary efforts of people in the Black community and their allies. From those just starting their anti-racism education to those who have been immersed in it for a long time, we suspect that anyone can find new and enlightening information and perspectives in these guides.

 

Anti-Racist Resource Guide

Created by Victoria Alexander, MEd.

This document was created to be used as a resource for anyone looking to broaden their understanding of anti-racism and get involved to combat racism,  specifically as it relates to anti-Blackness and police violence. Within this guide, please find a variety of resources to explore practical ways to understand, explain, and solve seemingly intractable problems of racial inequity, white supremacy, police violence, and injustice.

 

Additional Anti-Racist Resources

Working document promulgated by the Fordham SBA

This is a working document for scaffolding anti-racism resources. The goal is to facilitate growth for white folks to become allies, and eventually accomplices for anti-racist work. These resources have been ordered in an attempt to make them more accessible.

 

BLM Support Resources for Law Students

Working document promulgated by the Fordham SBA

This document is being updated by Fordham Law students. It contains time sensitive items for immediate action, places to volunteer and donate, anti-racism resources and more.

Legal Scholarship

1.  Devon W. Carbado, Blue-on-Black Violence: A Provisional Model of Some of the Causes, 104 Geo. L.J. 1479 (2016).

This Article offers a theoretical model that explains the persistence of what I will call “blue-on-black violence.” Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes African-Americans to the possibility of police violence. Third, police culture and training encourage that violence (mostly implicitly). Fourth, when violence occurs, a range of legal actors in the civil and criminal process translate that violence into justifiable force. Fifth, the doctrine of qualified immunity makes it difficult for plaintiffs to win cases against police officers, and when plaintiffs win such cases, police officers rarely suffer financial consequences because their local government indemnifies them. Sixth, the conversion of violence into justifiable force, the qualified immunity barrier to suing police officers, and the frequency with which cities and municipalities indemnify police officers reduce the risk of legal sanction police officers assume when they employ excessive force. This reduction in the risk of legal liability diminishes the incentive for police officers to exercise care with respect to when and how they deploy violent force. Although the foregoing factors are not exhaustive of the causes of police violence against African-Americans, they suggest that the problem is structural and transcends the conduct of particular officers engaging in particular acts of violence against particular African-Americans.

2. Garrett Chase, The Early History of the Black Lives Matter Movement, and the Implications Thereof, 18 Nev. L.J. 1091 (2018).

From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America’s consciousness. But what is this “movement”? Where did it come from? What are the movement’s goals? What are its motivations? Black Lives Matter draws on common themes from previous civil rights movements, but is a marked departure from previous chapters of the centuries-long struggle for Black freedom and equality in America.

3. Eliav Lieblich & Adam Shinar, The Case Against Police Militarization, 23 Mich. J. Race & L. 105 (2018).

The problem with police militarization is that it is based on a presumption of the citizen as a threat. A presumption of threat, we argue, assumes that citizens, usually from marginalized communities, pose a threat of such caliber that might require the use of extreme violence. This presumption, communicated symbolically through the deployment of militarized police, marks the policed community as an enemy, and thereby excludes it from the body politic.

4. James A. Allen, The Color of Algorithms: An Analysis and Proposed Research Agenda for Deterring Algorithmic Redlining, 46 Fordham Urb. L.J. 219 (2019).

The decision-making procedures of modern algorithms are often structured by a homogenous group of people, who develop algorithms without transparency, auditing, or oversight. Recent scholarship has raised concerns about how algorithms work to perpetuate discrimination and stereotypes in practically all areas, from casually searching the internet to criminal justice. This Article explores how algorithms in the housing arena operate, or have the potential to operate, in a manner that perpetuates previous eras of discrimination and segregation.

5. Cynthia Lee, Making Black and Brown Lives Matter: Incorporating Race into the Criminal Procedure Curriculum, 60 St. Louis U. L.J. 481 (2016).

If one is wondering why one should incorporate issues of race into the law school classroom, there are several good reasons to do so. Iit is important to discuss race whenever relevant because students will practice law in a society in which racism is ubiquitous but not always apparent and recognizable. This Article provides just a sampling of materials that can be used to incorporate the subject of race into the basic criminal procedure curriculum.

6. Sandra G. Mayson, Bias In, Bias Out, 128 Yale L.J. 2218, 2225 (2019).

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future.

Read/Watch Lists

Read (purchase from local Black-owned bookstores and markets whenever possible)

Noname’s Book Club

 

Conversations in Black: On Politics, Power, and Leadership By Ed Gordon

Chokehold: Policing Black Men By Paul Butler

What Doesn’t Kills You Makes You Blacker: A Memoir by Damon Young

The New Jim Crow: Mass Incarceration in the Age of Colorblindness By Michelle Alexander

White Fragility: Why It’s So Hard for White People to Talk About Race By Robin DiAngelo

The Color of Law: A Forgotten History of How Our Government Segregated America By Richard Rothstein

The Bluest Eye By Toni Morrison

Beloved By Toni Morrison

Locked In: The True Causes of Mass Incarceration – How to Achieve Real Reform by John Pfaff

Heavy: An American Memoir By Kiese Laymon

How to be an Anti-Racist By Ibram X. Kendi

Stamped from the Beginning: A Definitive History of Racist Ideas in America By Ibram X. Kendi

Me and White Supremacy By Layla F. Saad

So You Want to Talk About Race By Ijeoma Oluo

Why Are All the Black Kids Sitting Together in the Cafeteria?: And Other Conversations About Race By Beverly Daniel Tatum, PhD

The Autobiography of Malcolm X

No Ashes in the Fire: Coming of Age Black & Free in America By Darnell L. Moore

Uprooting Racism: How White People Can Work for Racial Justice By Paul Kivel

Race Talk and the Conspiracy of Silence: Understanding and Facilitating Difficult Dialogues on Race By Derald Wing Sue

How I Shed My Skin: Unlearning the Racist Lessons of a Southern Childhood

Rise of the Warrior Cop: The Militarization of America’s Police Forces By Radley Balko

Americanah By Chimamanda Ngozi Adichie

Half of a Yellow Sun By Chimamanda Ngozi Adichie

Born a Crime: Stories From a South African Childhood By Trevor Noah

Becoming By Michelle Obama

Just Mercy By Bryan Stevenson

Long Walk to Freedom: The Autobiography of Nelson Mandela By Nelson Mandela

Where Do We Go from Here?: Chaos or Community by Dr. Martin Luther King Jr.

The Autobiography of Malcolm X

Slavery by Another Name by Douglas Blackmon

 

 

Watch

 

The 13th (Documentary) — Netflix

American Son (Movie) — Netflix

The Black Panthers: Vanguard of the Revolution (Documentary) — Rent

Dear White People (TV Show & Movie) — Netflix & Rent

The Death and Life of Marsha P. Johnson (Documentary) — Netflix

Do The Right Thing (Movie) — Rent

Fruitvale Station (Movie) — Rent

The Hate U Give (Movie) — Hulu

I Am Not Your Negro (Documentary) — Rent

If Beale Street Could Talk (Movie) — Hulu

Just Mercy (Movie) — Rent (free for the month of June!)

The Kalief Browder Story (Documentary) — Netflix

Loving (Movie) — Hulu

Moonlight — Netflix

Mudbound (Movie) — Netflix

The Murder of Fred Hampton (Documentary) — Rent

Reconstruction: America After the Civil War (TV Series) — PBS

Rest In Power: The Trayvon Martin Story — Rent

Selma (Movie) — Rent

Teach Us All (Documentary) — Netflix

When They See Us (Television Series) — Netflix

Whose Streets? (Documentary on Ferguson Uprising) — Rent

IPLJ’s Arguments for a Creating a New Accredited Board Position

The IPLJ Board has voted to create a new Board position focused on amplifying Black, Indigenous, and People of Color (BIPOC) voices as well as those of marginalized communities in general.

 

This position will be responsible for the curation of BIPOC and marginalized community content for the IPLJ website and social media platforms and will actively solicit quality Articles that address the legal issues these communities face at the intersections of IP, media, and entertainment law – as well as other tasks to be determined before requesting officially approval and adding the role to the IPLJ constitution.

 

The faculty must approve a new credit-bearing position for any journal; we are actively seeking that approval. We have been informed that getting this approval may prove difficult, because, among other factors, other journals may want to follow our lead in some fashion and add a similar position. We hope that you do, and that you choose to unite with us to convince the faculty that this position is worthwhile.

 

We have provided our three main justifications for the necessity of a credit bearing position below. We humbly ask our peers to consider more, potentially stronger, arguments and to share them with us.

 

(1) The accreditation of a student for this new position means that the responsibilities of the position must necessarily be worthy of credit.

 

• This implies not only that the responsibilities that the board assigns to the new position would have to pass muster with the whomever is going to grant permission to create it, but that fulfilling those responsibilities will produce substantive, meaningful work that will positively impact both our scholarship and our influence on the legal community in Fordham and at large.

• Accreditation legitimizes the position and its initiatives.

 

(2) There is no other way to reliably achieve the same quality of work, year over year, that a dedicated accredited board member would provide.

 

There are several suggestions for how to achieve this initiative without an accredited position. They are not good enough, and they will inevitably fail to produce the meaningful work that a dedicated board member would produce.

 

Adding this work to a current board member’s responsibilities – This would be ineffective and difficult to justify if we want to implement this initiative as soon as possible. The board members applied with specific knowledge of the requirements of their positions — even if someone agreed to take on the work, they would be splitting it with their “primary” commitments and would likely be less enthusiastic about the initiative than a candidate that specifically applied for it. They would inevitably produce inferior work products and may experience conflicts of interest with their original responsibilities.

Spreading this work across all board members/ modifying our mission statement – This would be even less effective and reduce individual accountability to its lowest level. It would likely breed half-hearted compliance in order to reach a minimum standard. If the EIC and ME hope to be strict about honest compliance, the demands of oversight will inevitably increase and it will become easier to justify letting the standards slip over time.

Creating a non credit-bearing position – This approach would probably provide the best results of the three alternate options discussed so far, but again, it would not be as effective or durable a solution. It would probably prove effective in some ways as candidates would be self-selected, but the demands of the position could not fairly rise to the same level as those of a credit-bearing position. Additionally, the student in this position would face less accountability for shoddy work, both because they don’t stand to lose credits and because the EIC and ME will likely implicitly consider it to be a less important, and therefore less scrutinized role.

 

(3) The IPLJ leadership and selected student would be held accountable should they fail to complete their responsibilities ‒ barring a vote to remove the position, this will cement the initiative into the very structure of the journal. It will also incentivize more applications for the position.

 

• The carrot and the stick come into play equally here. Offering credits will further encourage students who are passionate about the cause to apply; the board may weed out candidates who don’t appear to fit the position but potentially seek to earn “easy” credits. The credits will not come easy anyway, as shown by faculty approval of their list of responsibilities.

• The student selected for the position risks losing their credits and the stigma of being removed from the journal if they do not complete their responsibilities satisfactorily. Additionally, the IPLJ EIC and ME will doubtless be held accountable, if not by the school then by their peers, in the instance that they allow the board member to languish in the role without consequence.

IPLJ News & Updates

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WHO WE ARE

FORDHAM INTELLECTUAL PROPERTY, MEDIA & ENTERTAINMENT LAW JOURNAL

The Fordham Intellectual Property, Media & Entertainment Law Journal was organized in 1990. Each year the Fordham IPLJ publishes one volume, comprised of four separate books in all areas of intellectual property law including: Patent law, Copyright law, Trademark law, Telecommunications, Internet law, Counterfeiting, Bootlegging and piracy issues, Entertainment and sports law, First Amendment rights, and Mass media law. Each book includes Articles, Essays, Comments, and Notes written by distinguished outside contributors, such as law professors, judges, and practicing lawyers, as well as student members of the Fordham IPLJ and Fordham University School of Law.

 

In 2017, according to surveys compiled by Washington & Lee University, the Fordham IPLJ was ranked #1 law journal in arts, entertainment & sports law, and #6 in intellectual property law. The Fordham IPLJ articles have been read into the Congressional Record, cited in the Court of Appeals for the Second Circuit, and in amicus briefs to the U.S. Supreme Court.

 

The Fordham Intellectual Property, Media & Entertainment Law Journal serves to contribute to legal scholarship by addressing important legal issues in intellectual property law, and to educate and foster intellectual dialogues amongst students. The Fordham IPLJ’s editorial team strives to be the front-runners in academic intellectual property law—to select, edit, and publish articles and notes on cutting edge topics in intellectual property law.

 

In 2015, the Fordham Intellectual Property, Media & Entertainment Law Journal launched its new website—developed in-house by the Volume XXVI Editorial Board from the ground up—with a principal goal in mind: to serve as an key channel of scholarship in intellectual property law. To serve this function, the redesigned website encompasses a variety of design elements suited for the modern web and appealing to a digital audience, all while adeptly incorporating its traditional text-heavy scholarly print publications.

 

The Fordham Intellectual Property, Media & Entertainment Law Journal, in addition to its publications, conducts several special events for practitioners and the academic community. Our annual IPLJ Symposium invites distinguished practitioners and legal scholars as panelists, covering present-day issues in copyright, patent, and trademark law. Fordham’s Annual Conference on International Intellectual Property Law and Policy is one of the most prominent and best attended conference in the field, attracting judges, practitioners, and scholars from around the world.

We are
STUDENT-RUN SCHOLARLY IP LAW JOURNAL

The Fordham Intellectual Property, Media & Entertainment Law Journal is operated entirely by Fordham Law students. The organization is self-supporting and derives its income principally from subscriptions and sponsorships.

We Publish
VOLUMES & BOOKS

The Fordham IPLJ recently completed the publication process for its 30th volume during the 2019-2020 academic year and is currently preparing for its 31st volume during the 2020-2021 academic year. Each volume is comprised of 4 books.

We Hold
SYMPOSIA

The Fordham Intellectual Property, Media & Entertainment Law Journal hosts annual symposia, inviting distinguished practitioners and scholars in intellectual property as panelists to discuss about breaking issues in intellectual property law.

30

VOLUMES

3

RANKED #3 LAW JOURNAL • ARTS, ENTM'T & SPORTS • Washington & Lee

1

RANKED #1 LAW JOURNAL • IP LAW • Washington & Lee

27

SYMPOSIA

PUBLICATIONS

The JOURNAL • VOLUME XXX

Volume 30 • Book 1

Volume 30 • Book 2

Volume 30 • Book 3

Volume 30 • Book 4

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