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

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.

2017 ◽  
Vol 4 (3) ◽  
pp. 306-321 ◽  
Author(s):  
Callie Watkins Liu

Social movements can be important mechanisms of social change for vulnerable populations as the formal mechanisms of policy and legislation tend to be in the hands of the powerful in society. Academic scholarship can play an important role in challenging or reinforcing social power dynamics. This reality makes it important to critically interrogate social movement knowledge production and use anti-oppressive frameworks for social movement scholarship. Sociology has contributed greatly to social movement literature, and the American Sociological Association (ASA), especially the section of Collective Behavior and Social Movements (CBSM), is a central site of academic credibility and scholarship. This examination draws on critical race theory and intersectionality to analyze 10 years of award-winning books from the CBSM, specifically recipients of the Charles Tilly Award for Best Book. These books are prominently positioned with respect to the production of knowledge, as well as the study of social movements. This analysis shows the absence of critical race theory and intersectionality in core of social movement scholarship and identifies a pattern of erasure and marginalization of vulnerable populations in the award-winning books.


Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 75
Author(s):  
Nancy López ◽  
Howard Hogan

What’s your street race? If you were walking down the street what race do you think strangers would automatically assume you are based on what you look like? What is the universe of data and conceptual gaps that complicate or prevent rigorous data collection and analysis for advancing racial justice? Using Latinx communities in the U.S. as an example, we argue that scholars, researchers, practitioners and communities across traditional academic, sectoral and disciplinary boundaries can advance liberation by engaging the ontologies, epistemologies and conceptual guideposts of critical race theory and intersectionality in knowledge production for equity-use. This means not flattening the difference between race (master social status and relational positionality in a racially stratified society based on the social meanings ascribed to a conglomeration of one’s physical characteristics, including skin color, facial features and hair texture) and origin (ethnicity, cultural background, nationality or ancestry). We discuss the urgency of revising the U.S. Office of Management and Budget (OMB) standards, as well as the Census and other administrative data to include separate questions on self-identified race (mark all that apply) and street race (mark only one). We imagine street race as a rigorous “gold standard” for identifying and rectifying racialized structural inequities.


Renegades ◽  
2021 ◽  
pp. 51-69
Author(s):  
Trevor Boffone

This chapter provides a critical framework for understanding the symbiotic relationship between hip hop and Dubsmash. Influenced by scholarship in critical race theory, gender studies, and hip hop, this chapter explores how Renegades have forged an inclusive digital community through Dubsmash. This chapter argues that Dubsmash’s culture of giving credit is the nexus from which a shared sense of values grows, one that encourages Dubsmashers to recognize the work of other artists. To demonstrate this, this chapter uses Jalaiah Harmon, the “Original Renegade,” as a case study. Harmon’s origin story from anonymous viral dance creator to full-blown celebrity status demonstrates how hip hop values operate in the Dubsmash community.


Author(s):  
Gary Padgett

The purpose of this study was to describe and explain the portrayal of American Indians in U.S. textbooks selected for review in Hillsborough County, Florida’s 2012 textbook adoption. The study identified which of the textbooks under consideration contained the greatest amount of information dedicated to American Indians and analyzed how that information was portrayed. The exploratory question that guided this study was, under what conditions can Tribal Critical Race Theory help illuminate how American Indians are portrayed in textbooks? The methodology used is a critical case study (Janesick, 2004; Rubin & Rubin, 2005). The Five Great Values, as developed by Sanchez (2007), are Generosity and Sharing, Respect for Women and the Elderly, Getting Along with Nature, Individual Freedom, and Courage and were used in the organization, coding, and analysis of the data. The theoretical framework that guides this study is Tribal Critical Race Theory (Brayboy, 2005), created in order to address issues from an indigenous perspective. This study found that while overt racism has declined, colonialism and assimilation were still used as models when American Indians were depicted in the five selected textbooks. It also discovered the portrayal of American Indian women to be particularly influenced by the models of colonialism and assimilation.


2021 ◽  
pp. 777-790
Author(s):  
Anjali Vats ◽  
Deidré A. Keller

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.


Sign in / Sign up

Export Citation Format

Share Document