scholarly journals Critical Race Theory as Intellectual Property Methodology

2021 ◽  
pp. 777-790
Author(s):  
Anjali Vats ◽  
Deidré A. Keller
Keyword(s):  
Intellectual Property ◽  
Critical Race Theory ◽  
Property Law ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
Intellectual Property Law ◽  
Guiding Principles ◽  
Ip Law

This chapter considers how the guiding principles of Critical Race Theory (CRT) can inform the study of race in the context of intellectual property (IP) law. The first part of the chapter traces the origins and tenets of CRT. It then explores the interdisciplinary movement’s core methods, which are aimed at centring race and racism as objects of study. The second part of the chapter turns to the origins, tenets, and methods of Critical Race Intellectual Property, which we define as an interdisciplinary movement of scholars connected by their focus on the racial and colonial non-neutrality of intellectual property law using principles informed by CRT. The chapter concludes with an examination of two books about India and intellectual property law through which researchers can understand how existing scholarship can more deeply engage with questions of race.

Advancing Research Within Asian American Psychology Using Asian Critical Race Theory and an Asian Americanist Perspective

2021 ◽  
pp. 002216782110627
Author(s):  
Hyung Chol Yoo ◽  
Abigail K. Gabriel ◽  
Sumie Okazaki
Keyword(s):  
Critical Race Theory ◽  
Asian Americans ◽  
Asian American ◽  
Current Theory ◽  
Future Research ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
American Psychology ◽  
History Of

Research within Asian American psychology continually grows to include a range of topics that expand on the heterogeneity, hybridity, and multiplicity of the Asian American psychological experience. Still, research focused on distinct racialization and psychological processes of Asians in America is limited. To advance scientific knowledge on the study of race and racism in the lives of Asian Americans, we draw on Asian critical race theory and an Asian Americanist perspective that emphasizes the unique history of oppression, resilience, and resistance among Asian Americans. First, we discuss the rationale and significance of applying Asian critical race theory to Asian American psychology. Second, we review the racialized history of Asians in America, including the dissemination of essentialist stereotypes (e.g., perpetual foreigner, model minority, and sexual deviants) and the political formation of an Asian American racial identity beginning in the late 1960s. We emphasize that this history is inextricably linked to how race and racism is understood and studied today in Asian American psychology. Finally, we discuss the implications of Asian critical race theory and an Asian Americanist perspective to research within Asian American psychology and conclude with suggestions for future research to advance current theory and methodology.

Dealing With the Elephant in the Classroom

2021 ◽  
pp. 1282-1295
Author(s):  
Ronald William Whitaker II ◽  
Angela Campbell ◽  
Jeramie Iannelli
Keyword(s):  
Critical Race Theory ◽  
Service Learning ◽  
Graduate Education ◽  
Students Of Color ◽  
White Privilege ◽  
Educational Experiences ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
Education And Society

In his classic book titled Race Matters, West courageously deals with issues of race and racism in an unapologetic manner. In this chapter, the authors also unapologetically deal with issues of race and racism within the context of education and society. Specifically, the authors highlight a graduate education course within their institution that compels both students and professors to be vulnerable and truthful about race, racism, diversity, equity, systemic inequalities, and White privilege through service learning. The authors argue that his approach is necessary give the fact that historically, the aforementioned has impacted the educational experiences for students of Color, but in particular, Black and Brown children. The authors explore this work through critical race theory. The authors conclude the chapter with implications for practice.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Critical Race Theory: Disruption in Teacher Education Pedagogy

2020 ◽  
Vol 3 (1) ◽  
pp. 52-71
Author(s):  
Andrea N Smith
Keyword(s):  
Teacher Education ◽  
Critical Race Theory ◽  
Pedagogical Practices ◽  
Teacher Preparation Program ◽  
Teacher Education Programs ◽  
Critical Race ◽  
Race And Racism ◽  
Education Programs ◽  
Race Theory ◽  
12Th Grade

Teacher education programs are charged with preparing teacher candidates to successfully educate student populations that are more racially and culturally diverse than ever. However, a look at graduation rates among teacher education programs proves that the majority still produce, on average, a teaching force that is 80% White, although White students make up less than 49% the total Kindergarten-12th grade public school population (U.S. Department of Education, 2016). Absent from the dialogue on diversity in teacher education is a discussion on how race and racism are institutionalized and maintained within such programs (Sleeter, 2016). In this article, the use of Critical Race Theory (CRT) offers tools to examine the role of race and racism in teacher education. I further consider the role CRT can play in the disruption of postsecondary rhetoric about teacher education programs. Focus is placed on my own experiences in a Teaching Internship Seminar course when applying the structures of CRT to encourage conversations on disruptive practices that facilitate social justice in a course within a teacher preparation program. The tenets of interest convergence and permanence of racism are examined in the context of course development as pedagogical practices that disrupt normative patterns in teacher education. I conclude by envisioning how faculty in teacher education programs might address these challenges in such a way that offers suggestions derived from these tenets.

scholarly journals The COVID States Project #73: American Attitudes Toward Critical Race Theory

2021 ◽  
Author(s):  
Alauna Safarpour ◽  
David Lazer ◽  
Jennifer Lin ◽  
Caroline H Pippert ◽  
James Druckman ◽  
...  
Keyword(s):  
Public Schools ◽  
Critical Race Theory ◽  
Psychological Needs ◽  
Critical Race ◽  
Dominant Group ◽  
Race And Racism ◽  
Race Theory ◽  
Executive Orders ◽  
Cable News ◽  
Socially Constructed

In a few short years, the scholarly approach known as Critical Race Theory (CRT) went from a relatively obscure academic framework to the new front in the American culture wars. CRT has made its way to the front pages of newspapers, cable news show’s primetime specials, Presidential executive orders, and a slate of laws and regulations dictating how history can be taught in public schools. Critical Race Theory1 is an academic movement of scholars who investigate and seek to change the existing power dynamic between race and racism in society.CRT began in the 1970s among legal scholars and has since influenced other fields such as sociology, education, and ethnic studies. CRT consists of several basic tenants or themes, although substantial individual variation exists across scholars. Among these is the notion that race is socially constructed (there is no biological basis for what we think of as race), the idea that racism is normalized as part of everyday society (it is entrenched in modern institutions and policies and can be difficult to combat), and the idea that the dominant group have little incentive to eliminate racism because the current racial hierarchy serves important material and psychological needs. Other themes in CRT include the idea of intersectionality which argues that belonging to multiple oppressed groups is a distinctive experience that is more than just the sum of its parts.

Critical Race Theory and Children’s Rights

2020 ◽  
pp. 137-157
Author(s):  
Natsu Taylor Saito ◽  
Akilah J. Kinnison
Keyword(s):  
Critical Race Theory ◽  
International Law ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
The Us ◽  
The Right

Racialized privilege and subordination impact children’s rights in many ways. This chapter begins with an overview of critical race theory (CRT), a framework that has been used primarily to assess the roles played by race and racism in the US legal system. It then summarizes key provisions of international law that prohibit racial discrimination and protect the right of all peoples to self-determination, focusing on how these norms impact children’s rights. Noting the importance of addressing the intersection of race and rights, this chapter suggests that the application of CRT principles could enhance the recognition of children’s rights in international law.

Barack Obama’s Faustian Bargain and the Fight for America’s Racial Soul

2009 ◽  
Vol 40 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Christopher J. Metzler
Keyword(s):  
United States ◽  
Critical Race Theory ◽  
The United States ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
Racial Discourse ◽  
Black President ◽  
Sociohistorical Context ◽  
The Devil

This article provides the theoretical and conceptual grounding for understanding how critical race theory (CRT), as a discourse of liberation, can be used as a methodological and epistemological tool to expose the ways that race and racism affect the lives of Blacks in the United States, post-Obama. To that extent, the goal is threefold. First, CRT is adequately defined by situating it within a specific sociohistorical context. Further, an argument is presented for why there is a need for CRT in current racial discourse. In doing so, a discussion is presented of why the term postracial is meaningless as a critique. Finally, the current racial discourse in the Obama presidency is examined, including his attempt to discuss race in a nuanced way that placates Whites and panders to Blacks, some of whom are so caught up in the symbolism of his presidency that they are willing to collude with many Whites who do not want a Black president but a president who happens to be Black. But the devil is in the details. As such, the case is made that Obama’s racial bargaining—as in the metaphorical Faustian bargain—is dangerous and tantamount to a deal with the devil.

Dealing With the Elephant in the Classroom

2018 ◽  
pp. 242-255
Author(s):  
Ronald William Whitaker II ◽  
Angela Campbell ◽  
Jeramie Iannelli
Keyword(s):  
Critical Race Theory ◽  
Service Learning ◽  
Graduate Education ◽  
Students Of Color ◽  
White Privilege ◽  
Educational Experiences ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
Education And Society

In his classic book titled Race Matters, West courageously deals with issues of race and racism in an unapologetic manner. In this chapter, the authors also unapologetically deal with issues of race and racism within the context of education and society. Specifically, the authors highlight a graduate education course within their institution that compels both students and professors to be vulnerable and truthful about race, racism, diversity, equity, systemic inequalities, and White privilege through service learning. The authors argue that his approach is necessary give the fact that historically, the aforementioned has impacted the educational experiences for students of Color, but in particular, Black and Brown children. The authors explore this work through critical race theory. The authors conclude the chapter with implications for practice.

scholarly journals Old Law, New Tech, and Citizen-Created Hashtags: #BlackLivesMatter and the Case for Provisional Hashtag Marks

2020 ◽  
pp. 107769902092816
Author(s):  
Stephanie L. Mahin ◽  
Victoria Smith Ekstrand
Keyword(s):  
Social Movements ◽  
Intellectual Property ◽  
Critical Race Theory ◽  
Social Movement ◽  
Critical Race ◽  
Race Theory ◽  
Secondary Meaning ◽  
The U.S

Using #BlackLivesMatter as a case study, this research documents the tensions and harms associated with trademarking online social movement hashtags. Grounded in the work of critical race theory and intellectual property scholars, this study analyzes the inconsistencies in the U.S. Patent and Trademark Office application practice. The contradictions signal a limited or “mis”understanding of the utility of citizen-created hashtags and online social movement slogans. We propose a provisional networked trademark that would grant limited protection to social movements to show that their marks demonstrate the kind of secondary meaning required for a traditional trademark.

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