Hip-Hop and the Law Review: The Year in Review

The previous year has seen a number of articles published on hip-hop in the country's law reviews.  The following is a nearly complete list of those articles that consider hip-hop in any number of forms: case study, methodology, theoretical intervention, etc.  One trend is the continued study of hip-hop's relationship to copyright law.  2012 has seen more focus on hip-hop and copyright law than on hip-hop and other sub-disciplines.  Why?  Perhaps the continued evolution of web-based technologies and the increasing ease of sharing information (Twitter, Instagram, Pinterest, etc.) has made issues of copyright law and intellectual property more salient to the average person.  Perhaps the re-appropriation of corporate logos by Occupiers has inspired more inquiry into the ways in which material is used and abused.  No matter the reason, 2013 should see continued work on hip-hop as scholars continue to study the effects of hip-hop on the Arab Spring, further investigate the effects of mass incarceration, become increasingly exposed to students who grew up with hip-hop, and theorize new relationships to the law given our increasingly diverse country. 

In no particular order, here are 2012's hip-hop-related articles:

Andrea M. Ewart with Kimberly R. Villiers, "Dangerous" Dancehall Reggae and Caribbean Treaty Obligations, 27 Connecticut Journal of International Law 321-343 (Spring 2012)

andre douglas pong cummings, Derrick Bell: Godfather Provocateur, 28 Harvard Journal on Racial and Ethnic Justice 51-66 (Spring 2012)

andre douglas pond cummings, Symposium: War on...The Fallout of Declaring War on Social Issues: "All Eyez on Me": America's War on Drugs and the Prison-Industrial Complex, 15 Journal of Gender, Race and Justice 417-448 (Spring 2012)

Vera Golosker, Student Note: the transformative tribute: How Mash-Up Music Constitutes Fair Use of Copyrights, 34 Hastings Communications and Entertainment Law Journal 381-401 (Spring 2012)

Lisa T. Alexander, Hip-Hop and Housing: Revisiting Culture, Urban Space, Power, and Law, 63 Hastings Law Journal 803-866 (March 2012)

Unsigned Student Note, Student Note: Not in Court "Cause I Stole a Beat": The Digital Music Sampling Debate's Discourse on Race and Culture, and the Need for Test Case Litigation, 2012 University of Illinois Journal of Law, Technology & Policy 141-166 (Spring 2012)

Donald F. Tibbs, Symposium: War on...The Fallout of Declaring War on Social Issues: From Black Power to Hip Hop: Discussing Race, Policing, and the Fourth Amendment Through the "War on" Paradigm, 15 Journal of Gender, Race and Justice 47-79 (Winter 2012)

Anna Shapell, Student Note: "Give Me a Beat:" Mixing and Mashing Copyright Law to Encompass Sample-Based Music, 12 Journal of High Technology Law 519-565 (2012)

Kim D. Chanbonpin, Legal Writing: the Remix: Plagiarism and Hip Hop Ethics, 63 Mercer Law Review 597-638 (Winter 2012)

John S. Pelletier, Student Note: Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling, 89 Washington University Law Review 1161-1202 (2012)

Tracy Reilly, Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules on the Digital Sampling of Sound Recordings in Metall auf Metall, 13 Minnesota Journal of Law, Science & Technology 153-209 (Winter 2012)

Caleb Mason, Jay-Z's 99 Problems, Verse 2: A Close Reading with Fourth Amendment Guidance for Cops and Perps, 56 Saint Louis University Law Journal 567-585 (Winter 2012)

Here's to a hip-hop and the law filled new year and more excelleent scholarship. 


-- Nick J. Sciullo

Alexander on Hip Hop and Housing

Professor Lisa Alexander at the Wisconsin Law School has just published a very interesting article in the UC Hastings Law Review entitled "Hip Hop and Housing: Revisiting Culture, Urban Space, Power, and Law." In this article, Professor Alexander examines the concept of "cultural collective efficacy" and its impact on inner city communities. The abstract for her work follows:

U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a sociolegal approach, it develops a theory of cultural collective efficacy as a justification for place-based lawmaking. Cultural collective efficacy describes positive social networks that inner-city residents develop through participation in musical, artistic, and other neighborhood-based cultural endeavors. This Article analyzes two examples of cultural collective efficacy: the early development of hip-hop in the Bronx and community murals developed by Mexican immigrants in Chicago’s Pilsen neighborhood. These examples show that cultural collective efficacy can help inner-city residents mitigate the negative effects of living in a poor and segregated community and obtain more concrete benefits from urban revitalization in their communities. Cultural collective efficacy also provides a framework to examine important microdynamics in the inner-city that scholars and policymakers have ignored. Lastly, this Article devises new combinations of place-based laws that might protect cultural collective efficacy, such as: (1) historic districts with affordable housing protections secured through transferable development rights, (2) foreclosure prevention strategies, (3) techniques to mitigate eminent domain abuse, and (4) reinterpretations of the Fair Housing Act’s “affirmatively furthering” fair housing mandate. These examples of place-based lawmaking may more effectively promote equitable development and advance distributive justice in U.S. housing law and policy.

Check the article out here.