The Combating Online Infringement and Counterfeits Act, introduced into the Senate last year as S. 3804, could have a chilling effect on file-sharing websites. The bill would allow the AG to bring in rem action against any domain name "dedicated to infringing activities" and would compel violators to "suspend operation of, and lock, the domain name."
This bill would seem to have a drastic effect on any number of domain name's with file sharing capabilities including many hip-hop sites that often post (with questionable auspices) songs, music videos, etc.
The bill's lead co-sponsor was Sen. Patrick Leahy of Vermont. The bill had 19 co-sponsors from both sides of the aisle, no small amount in the Senate.
There's an interesting article from January 5, 2011 over on The Chronicle... here. it talks about teaching copyright law in the classroom. The article's pretty good, but one quote from University of Illinois - Chicago UIC Distinguished Professor of Communication Steve Jones seemed particularly interesting.
Jones is quoted in the article as saying:
"I don’t think they [students] see anyone who’s a professor as having authority on hip-hop and rap."
Is that true? Does being a professor, or being academically inclined somehow detract from one's credibility or knowledge of "hip-hop and rap?" It seems to me this could not possibly be the case. Does one lose their street cred once one enters academia?
Many of the bloggers here on www.HipHopLaw.com have experience in hip-hop culture beyond their academic interests, and as many fall in the loosely defined "hip-hop generation," it seems that they have some authority on the question of hip-hop. This seems to be a common charge against academics, the notion that they are somehow apart from their area of scholarship, but usually that charge is leveled by non-academics. But, that criticism is certainly not universally applicable. Is it even legitimate?
I don't think anyone is confusing any of the bloggers here with Nas, MC Lyte, or whomever, but I also don't think that's the point. No one on this blog is trying to become a hip-hop star (at least not to my knowledge). The goal for hip-hop scholars should not be to be rappers. I don't ever want to be mistaken for any of the people I listen to or write about, I just want to bring my personal story and research to the hip-hop and legal communit(y)(ies) and see what happens. I don't think what I write is valuable because I have a J.D., I think it's just another voice in the milieu, hopefully a voice that says something important and adds to the ongoing discussion. Most of us writing on this blog, are modest in this respect and I think it is something we try to convey to friends, colleagues, and students. But, according to professor Jones, few people may be taking us seriously...
I wonder what Professor Jones means when he talks of this monolithic "professor." What are the characteristics of his "professor?"
I'd be interested in seeing what others in the blogosphere think about this article and about the above mentioned quote.
A new book has just been released called "Reversing Field: Examining Commercialization, Labor, Gender and Race in 21st Century Sports Law." Edited by andré douglas pond cummings and Anne Marie Lofaso, this book interrogates the "dark side" of sports, focusing on the commercialization of collegiate athletics and the exploitation of college athletes, as well as issues of racism, sexism and discrimination in professional and collegiate sports.
Per the frontmatter: "Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering new thought and resolution to the vexing legal issues that confront sports in the 21st century."
I thought I'd make an attempt to suggest some awesome gift ideas for folks who regularly read this blog... These ideas promise to be vaguely humorous and only marginally "good" as far as gifts go... the list is not exclusive... in general, I'll take any gifts anyone is willing to send me...
In no particular order...
For the reader... 1) New Atlantis: Musicians Battle for the Survival of New Orleans by John Swenson. This book isn't even out yet, but it looks promising. Swenson is a veteran of the music scene and the book is sure to deliver a riveting look at this tragedy-stricken city. Find it on Amazon here.
2) The Big Payback: The History of the Business of Hip-Hop by Dan Charnas.
A veteran hip-hop journalists tackles the big business of hip-hop. This book is comprehensive in its scope and offers insights into some of the biggest characters in hip-hop over the last 35 years. Find it on Amazon here.
3) Magic City: Trials of a Native Son by Trick Daddy.
I'm not sure Trick Daddy needed to write an autobiography. I'm also not sure how many people are listening to his music. But, if you're interested in Miami as a Mecca for hip-hop, then give this book a read. Find it on Amazon here.
For the student... 1) OGIO® - Hip Hop Messenger Bag Everyone needs to carry their stuff around. A messenger bag is always a good option. I'm not sure what makes this "hip-hop." Depending on the standard for "hip-hop-ness," I have a nice coffee table that has been known to hold a hip-hop book, so perhaps I own a hip-hop coffee table. Get this bag at Amazon here.
2)WARNING ADDICTED TO HIP HOP Mousepad
I don't know how many people use mousepads anymore, but how could you possibly go wrong here? I mean... this mousepad says it all. And in your rag-tag residence, you'll need something to show guests. Find it on Amazon here.
3) The Bluebook, 19th Edition.
Love it or hate it, you need it. How are you going to produce that awesome law review article without it? There's nothing particularly hip-hop here, but it gets high marks for scholarly appeal. Get it on Amazon here.
For the family... 1)Boy's White Infant T-Shirt with Hip Hop (Bronx) Design
There's no better way to advertise the newest addition to your family than by advertising your love of hip-hop. Who doesn't like an old skool turntable? Find it on Amazon here.
2) Hip Hop Abs Package
It's time to get in shape... hip-hop style. Results not guaranteed. Find it on Amazon here.
3) Animated Tabletop Hip Hop Mummy Cat
I don't know what this is, why one would want it, or even if it is actually "hip-hop." But it's there in the title, so it must be. It's actually scary. Find it on Amazon here.
Artist: Immortal Technique Track: The Poverty of Philosophy Album: Revolutionary, Vol. 1
Most of my Latino and Black people who are struggling to get food, clothes and shelter in the hood are so concerned with that, that philosophizing about freedom and socialist democracy is usually unfortunately beyond their rationale. They don't realize that America can't exist without separating them from their identity, because if we had some sense of who we really are, there's no way in hell we'd allow this country to push it's genocidal consensus on our homelands. This ignorance exists, but it can be destroyed.
Nigga talk about change and working within the system to achieve that. The problem with always being a conformist is that when you try to change the system from within, it's not you who changes the system; it's the system that will eventually change you. There is usually nothing wrong with compromise in a situation, but compromising yourself in a situation is another story completely, and I have seen this happen long enough in the few years that I've been alive to know that it's a serious problem. Latino America is a huge colony of countries whose presidents are cowards in the face of economic imperialism. You see, third world countries are rich places, abundant in resources, and many of these countries have the capacity to feed their starving people and the children we always see digging for food in trash on commercials. But plutocracies, in other words a government run by the rich such as this one and traditionally oppressive European states, force the third world into buying overpriced, unnecessary goods while exporting huge portions of their natural resources.
I'm quite sure that people will look upon my attitude and sentiments and look for hypocrisy and hatred in my words. My revolution is born out of love for my people, not hatred for others.
You see, most of Latinos are here because of the great inflation that was caused by American companies in Latin America. Aside from that, many are seeking a life away from the puppet democracies that were funded by the United States; places like El Salvador, Guatemala, Peru, Columbia, Nicaragua, Ecuador and Republica Dominicana, and not just Spanish-speaking countries either, but Haiti and Jamaica as well.
As different as we have been taught to look at each other by colonial society, we are in the same struggle and until we realize that, we'll be fighting for scraps from the table of a system that has kept us subservient instead of being self-determined. And that's why we have no control over when the embargo will stop in Cuba, or when the bombs will stop dropping in Vieques.
But you see, here in America the attitude that is fed to us is that outside of America there live lesser people. "Fuck them, let them fend for themselves." No, Fuck you, they are you. No matter how much you want to dye your hair blonde and put fake eyes in, or follow an anorexic standard of beauty, or no matter how many diamonds you buy from people who exploit your own brutally to get them, no matter what kind of car you drive or what kind of fancy clothes you put on, you will never be them. They're always gonna look at you as nothing but a little monkey. I'd rather be proud of what I am, rather than desperately trying to be something I'm really not, just to fit in. And whether we want to accept it or not, that's what this culture or lack of culture is feeding us.
I want a better life for my family and for my children, but it doesn't have to be at the expense of millions of lives in my homeland. We're given the idea that if we didn't have these people to exploit then America wouldn't be rich enough to let us have these little petty material things in our lives and basic standards of living. No, that's wrong. It's the business giants and the government officials who make all the real money. We have whatever they kick down to us. My enemy is not the average white man, it's not the kid down the block or the kids I see on the street; my enemy is the White man I don't see: the people in the white house, the corporate monopoly owners, fake liberal politicians those are my enemies. The generals of the armies that are mostly conservatives those are the real motherfuckers that I need to bring it to, not the poor, broke country-ass soldier that's too stupid to know shit about the way things are set up.
In fact, I have more in common with most working and middle-class White people than I do with most rich Black and Latino people. As much as racism bleeds America, we need to understand that classism is the real issue. Many of us are in the same boat and it's sinking, while these bougie motherfuckers ride on a luxury liner, and as long as we keep fighting over kicking people out of the little boat we're all in, we're gonna miss an opportunity to gain a better standard of living as a whole.
In other words, I don't want to escape the plantation I want to come back, free all my people, hang the motherfucker that kept me there and burn the house to the god damn ground. I want to take over the encomienda and give it back to the people who work the land.
You cannot change the past but you can make the future, and anyone who tells you different is a fucking lethargic devil. I don't look at a few token Latinos and black people in the public eye as some type of achievement for my people as a whole. Most of those successful individuals are sell-outs and house Negros.
But, I don't consider brothers a sell-out if they move out of the ghetto. Poverty has nothing to do with our people. It's not in our culture to be poor. That's only been the last 500 years of our history; look at the last 2000 years of our existence and what we brought to the world in terms of science, mathematics, agriculture and forms of government. You know the idea of a confederation of provinces where one federal government controls the states? The Europeans who came to this country stole that idea from the Iroquois lead. The idea of impeaching a ruler comes from an Aztec tradition. That's why Montezuma was stoned to death by his own people 'cause he represented the agenda of white Spaniards once he was captured, not the Aztec people who would become Mexicans.
So in conclusion, I'm not gonna vote for anybody just 'cause they Black or Latino they have to truly represent the community and represent what's good for all of us proletariat. Porque sino entonces te mando por el carajo cabron gusano hijo de puta, seramos libre pronto, viva la revolucion, VIVA LA REVOLUCION!
It seems that the push for Afrocentric scholarship, curriculum, etc. has subsided. In the 90's and through the early 2000's there seemed to be far ranging interest across disciplines in Afrocentrism. Led primarily by Molefi Kete Asante (I know everyone probably has their favorite Afrocentrism author, but I'm most familair with Asante.), the movement emphasizes the importance of African people (collectively) and is often seen as a reaction to White and/or Western privledged notions of scientificity and scholarship. But, I have seen little work on Afrocentrism and the law. Brown describes her conception of Afrocentrism as a teaching tool:
Given the controversy surrounding Afrocentric education, it is important to clarify my precise position. I view Afrocentric education as an instrumental means to displace "gangsta" norms, rather than as an effort to utilize state funds to perpetuate a particular cultural heritage for its own sake. Thus I advocate for the Afrocentric academy, not as an end in itself, but as a means to an end - namely, the reformulation of cultural norms among urban black youth. In this light, Afrocentric education offers the black community a way to "turn inward" to address pervasive social and cultural problems....
Of course, humyn life began in Africa, and philosophy, religion, and art all had their start on the African continent. This scholarship has had little impact on the law however. A quick Lexis or Westlaw search only yields a few results for "Afrocentrism" or "Afrocentric." Why? Why do we see this scholarship in other disciplines, but barely eking its way into legal scholarship?
Critical race theory, with it's reliance on historical and genealogical inquiry, would be a suitable cognate for Afrocentric legal theory. Clearly we see more international law students in the United States, some form Africa and others from across the continents. International law classes are also becoming more prevalent and there is quite a bit of theoretical work being completed in classes like Legal History, Jurisprudence, and the like. It seems however that the legal academy has failed to fully understand or adapt Afrocentrism to legal scholarship. The reasons for this evade me. Why is there little work being done on African philosophy and the the law and why is Afrocentrism not more commonly referenced in legal theory classes?
Hip-hop may be a place where Afrocentrism can take hold. With Nas and Damian Marley's Distant Relatives and an increasing number of artists from Africa, it seems like there may be an opportunity to engage in substantive hip-hop Afrocentric legal theory. Rappers like Akon, MC Solaar, and K'naan are popular hip-hop voices from Africa. Critical race theory must seek to include all Africans, not simply those in the United States. Hip-hop scholarship must do the same. I know, I know, that notion might offend some people, but an honest look at much of critical race theory work in the legal academy indicates that there is a bias toward focusing this critical lens on U.S. citizens and U.S. legal issues. Stopping critical race theory at the Middle Passage ignores a much more complex history of Africa and African people. Not much legal scholarship seems to be going beyond the beginnings of trans-Atlantic slavery however.
What space should exist for Afrocentrism and hip-hop research in the legal academy? Where or on what legal issue has there been considerable Afrocentrism work? Might there be drawbacks to Afrocentrism? Are there Afrocentric hip-hop artists (for the wiki entry about African hip-hop click here)? These are some of the questions that should be answered.
The Journal of Gender, Race & Justice is now calling for papers for its 15th anniversary symposium.
The symposium, "War on: The Fallout of Declaring War on Social Issues," will explore the consequences of declaring war on society's problems.
From the War on Poverty, to the War on Crime, to the Ward on Drugs and Terror, by utilizing the "War On" rhetoric, policy and lawmakers unite the public against a common enemy and authorize themselves to act more aggressively against a group of people. The Journal of Gender, Race and Justice symposium will examine who gets swept into this class of enemies and how the practice of declaring wars on social issues affects marginalized communities.
Please see the call for papers for submission instructions. Paper proposals must be submitted by November 15th, 2010.
Artist: Lil' Wayne Track: No Love Album: Eminem's Recovery
Throw dirt on me and grow a wildflower But it’s “fuck the world”, get a child out her Yeah, my life a b-tch, but you know nothing bout her Been to hell and back, I can show you vouchers I’m rolling Sweets, I’m smoking sour Married to the game but she broke her vows That’s why my bars are full of broken bottles And my night stands are full of open Bibles I think about more than I forget But I don’t go around fire expecting not to sweat And these niggas know I lay them down, make their bed Bitches try to kick me while I’m down: I’ll break your leg Money outweighing problems on the triple beam I’m sticking to the script, you niggas skipping scenes Be good or be good at it Fucking right I’ve got my gun, semi-Cartermatic
I recently took my sons (ages 2 and 5) to see “Yo Gabba Gabba Live” at Radio City Music Hall. For those who are not familiar with “Yo Gabba Gabba,” it is a music show on Nick Jr., the channel for the little brothers and sisters of Nickelodeon’s core audience. The program is hosted by an African-American character called DJ Lance, and it uses dance music (as in DJ-type dance music) to teach the life lessons of preschool (Don’t bite your friends, eat your veggies, etc.) to its viewers. The show is very popular among musicians and other entertainers, and personalities like Jack Black, Moby and the Roots are liable to appear on any given episode. Hip-hop artist Biz Markie is a regular on the program, and he is really the focus of this post.
Biz appeared in the live show as a special guest. He came out on stage and beatboxed several different beats. He then invited children to join him on stage to attempt to perform some of his beats. Now, Biz was never exactly a thug or a gangster in his hey day as a rapper, but it was still striking to see this big black man bouncing little white kids on his knee, teaching them how to beatbox. Along with Ice T’s playing a cop on TV, Ice Cube’s playing a Chevy Chase/Clark Griswold-type role in “Are We There Yet?,” and Snoop Dog’s acceptance by the fraternity/sorority set (see his cameo in “Old School”), Biz Markie’s Nick Jr gig is an example of the continuing mainstreaming of hip-hop. Recall that, almost 20 years ago, Biz and his ilk were branded thieves by Judge Kevin Thomas Duffy in Grand Upright Music Ltd. v. Warner Brothers Records, Inc. (the Gilbert O’Sullivan “Alone Again (Naturally)” case). The judge even referred the matter to the U.S. Attorney for the Southern District of New York for consideration of criminal prosecution. Biz’s “crime” in that case was sampling, but the involvement of many other rappers in what was considered antisocial or criminal behavior made the music and the culture “other” for many Americans for many years.
Now that hip-hop is mainstream, and its most righteous gangsters play suburban dads in the movies, is there room for the law to revisit its antagonism toward hip-hop culture? Now that Biz Markie can teach preschoolers about the culture on Viacom’s dime, can copyright law rework Judge Duffy’s notion of “stealing” to find a place for the sampling, remixing, and other borrowing that have been fundamental to hip-hop since the beginning? Now that Nick Jr. has caught the Vapors, it’s time for the Copyright Act to do so as well.
Thoughts on Citizens United is designed to provide an opportunity for students who read and analyze issues ranging from corporations, election law, constitutional law and other related disciplines to comment and construct their own knowledge of Citizens United v. Federal Election Commission. Professors in relevant areas are welcome to direct themselves and their students to the Thoughts on Citizens United page. Teaching Law in the 21st Century is designed to be a forum for professors from law and higher education generally to discuss how to reach the Internet generation. I hope that the audience of this blog would find this of interest given the fact that the so-called "post-hip hop" generation is also the Internet generation (a generation which, as I alluded to in an earlier post, uses the Internet for self and political expression). Together, these blogs represent an opportunity to think about and apply practices designed to reach the Millenials.
Hip hop has long critiqued the racial disparities in the criminal justice system. In particular, artists have spoken out in strident rhyme against the crack-powder cocaine sentencing disparity. Ice Cube in "The N***a Ya Love to Hate" and Lil Wayne in "Don'tGetIt/Misunderstood," both critique in detail the devastating impact of the sentencing disparity on communities of color and young African American men (see below). Both Ice Cube and Lil Wayne, amongst dozens of other artists, may take heart in a recent Obama era legislative enactment.
In a completely under the radar moment, a new law of considerable importance was passed by Congress and signed into law by President Obama in August. The Fair Sentencing Act of 2010 was introduced by Senator Richard Durbin (D-IL) in March 2010 and signed into law by President Obama on August 3, 2010. Before passage of the Fair Sentencing Act of 2010, defendants that possessed 5 grams of “crack” cocaine were sentenced to a mandatory minimum prison term of 5 years. In contrast, a defendant possessing powder cocaine had to possess 500 grams of powder before the same 5-year mandatory minimum sentence would be triggered. For more than 20 years, a 100:1 crack-powder sentencing disparity has existed in our nation’s federal legislation. This disparity has literally devastated urban communities across the nation and has cost the U.S. government millions of dollars as federal and state prisons are overflowing with non-violent inmates, an overwhelming majority of which are African American.
As an example, 80% of all defendants sentenced under federal crack cocaine laws in 2008 were African-American, and prison sentences for crack cocaine offenses averaged two years longer than those for powder cocaine. As President Obama observed at the signing of the Fair Sentencing Act, the old sentencing regime was “fundamentally unfair.” The Fair Sentencing Act of 2010 aims to “restore fairness to Federal cocaine sentencing,” by significantly reducing the crack-powder cocaine sentencing disparity from 100:1 to 18:1. Today, a defendant must now possess 28 grams of crack cocaine (rather than 5 grams) before a 5-year mandatory minimum sentence is required. This difference represents an enormous practical effect, which is that this new threshold essentially eliminates the mandatory 5-year minimum for simple possession—most dealers and traffickers carry crack in amounts of 28 grams or more.
Further, the Fair Sentencing Act increases monetary penalties for major traffickers and increases prison sentences for a number of aggravating factors, including violence or weapons possession during cocaine trafficking offenses, which practically shifts the focus of the federal “War on Drugs” from simple possession to violent trafficking. The non-partisan Congressional Budget Office reports that this shift will result in federal prison savings of over 42 million over the next five years.
Why does any disparity continue to exist in the cocaine sentencing regime? While a complete elimination of the crack/powder disparity was what Senator Durbin initially proposed, proponents of an equal sentencing regime were unable to fully eliminate the disparity, no doubt based on the reputation of “crack” as a dangerous drug that inspires greater violence and allegedly delivers great health risks. Still, 18:1 is a watershed moment as it portends an elimination of the disparity in those punished by federal cocaine laws.
Lil Wayne talks about the sentencing disparity in Don'tGetIt here (begins at 2:35).
Ice Cube references the impact of drug sentencing on African American males in The N***a Ya Love to Hate here (begins at :40)
* Portions of this blog post are cross-posted on the SALT Law Blog.
You have until October 1 to cast your vote. Voting requires a no more than 500 character explanation of your vote and some basic contact information. Every vote counts. If you enjoy HipHopLaw.com or think others in the legal community should read it, vote.
Editors make the final decision, so don't think your efforts are futile. One well-written entry is all we might need.
CFP: Multi-Contributor Anthology of hip-hop essays
Hip hop has always been, and continues to be, so many things to so many people. With roots in the past and yet at the same time a revolutionary style of music and expression it offers a rich mix of topics, viewpoints, meanings and inspirations. Hip hop has finally begun to be embraced by scholars and is still eminently important to the public that consumes it and this project hopes to appeal to both ends of that spectrum. This anthology aims to look at the 30-40 year (depending on who you are and when you consider hip-hop 'born') catalogue of hip-hop music, the artists that created and continue to create it, the issues that have influenced it and continue to be prevalent in the music, the past from which it was drawn, the future that it will continue to inhabit. The aim is to show hip hop's past, present and future, where it has come from, where it is now and where it will be ten, twenty or thirty years from now. The past section thus far will include an essay on the connections between beboppers and hip hoppers, a connection between Robin Hood ballads and hip-hop, and an essay addressing the ways in which hip hop artists make use of history and memory (musically, lyrically and visually) to create their version of history. The future section thus far includes an essay on the Australian incarnation of hip hop and addresses hip hop's future in the globalization of the art form, and an essay addressing the political/activism aspect of the hip hop generation and what is required to make it work. The present section is at this point empty, and all sections are in need of many more submitals. The following list is just a few possibilities for topics and if your interest area overlaps with someone else's paper that will not rule out its inclusion as I envision an anthology that can be used to show multiple angles/opinions in one place.
Past: Hip hop's connection to any previous musical style/tradition. Hip hop's respect for its own past. The founding days of hip hop. Changes in hip hop 'uniforms' in terms of fashion connected to the message/music.
Present; The state of hip hop today, is it dead as Nas suggests, in a period of transition/reinvention, is it strong as ever? What is hip hop saying about current social status? How has hip-hop impacted/been impacted by events like Hurricane Katrina/Gulf Oil Spill? Is President Obama our first hip hop president? Would Wyclef be the answer Haiti needs?
Future: Should hip hop be introduced to the classrooms? How? In what ways shouldn't it? What is the future of hip hop as a genre? In what ways will globalization change what we think of as hip hop? In what ways can hip hop be used as a political vehicle? To what ends?
The publishing company that I am working on this project with would like a book proposal in a month or two, at this point I am collecting abstracts that include an approximate page length to be able to give the publisher an accurate idea of how long the entire project it will be. That being said, I will also be submitting sample chapters so if anyone has a paper written already or can have a paper written in a month or two I would love to have as many sample chapters as possible. As mentioned previously, I want this collection to have broad appeal, if you are interested in doing more opinion piece than research paper feel free to do so, if you have the desire to do interviews instead of any kind of article that would be fantastic. The background is of no difference as I want this project to be as diverse as possible, sociology, music history, African-American studies, popular culture studies, fashion, psychology, history, any and all are welcome. Please submit any abstracts, address any questions to, and feel free to contact me at kingmjl@gmail.com.
