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36 Cardozo Arts & Ent. L.J. 735 (2018)
Critical Race IP

handle is hein.journals/caelj36 and id is 775 raw text is: 









                         CRITICAL RACE IP'


                                 ANJALI  VATS*


                             DEIDRE   A.  KELLER*


ABSTRACT                .............................................. 736
INTRODUCTION               ...................................................... 737
I. WHY   CRITICAL   RACE  IP......................                   ........ 743
       A.  The  Rise of the Intellectual  Property  Economy ................ 746
       B. From CLS to Critical IP.................                    .......752
II. LOCATING   CRITICAL   RACE   IP...................... 755
       A.  What   is the Race   in Critical Race  IP? ................759
       B.  What  is the  IP  in Critical Race  IP?......          .........762
       C.  (Un) bounding Critical Race IP          ......................... 764
             1. Storytelling as Critical Race  IP  Praxis ......       ..... 767
             2. Protecting Traditional   Knowledge ........          ........ 769
             3. The Public  Domain........................ 771
             4. Framing  and  Reframing Piracy and
                Counterfeiting................                 .......   772
            5. Access   to Knowledge ...........          .................. 774
            6. Remaking Intellectual Properties .........           ......... 776


*Permission is hereby granted for noncommercial reproduction of this Article in whole or in part
for education or research purposes, including the making of multiple copies for classroom use,
subject only to the condition that the names of the authors, a complete citation, and this copyright
notice and grant of permission be included in all copies.
*Assistant Professor of Communication and African and African Diaspora Studies at Boston
College and Assistant Professor of Law at Boston College Law School, by courtesy. I wish to
thank the American Association of University Women and UC  Davis School of Law for
supporting my research during the 2016-2017 year. I would also like to thank the many sponsors
of Race + IP 2017, a conference without which this article would be much less rich.
-Professor of Law at Ohio Northern University, Claude W. Pettit College of Law. We would like
to thank the many people who generously provided their input on this this essay, including
Maggie Chon, Lisa Ikemoto, Minh-Ha T. Pham, Rich Schur, and Darrel Wanzer-Serrano. We are
grateful to research assistants, Brittney Ciarlo (ONU Law 2018) and Garrett Robinson (ONU Law
2019) for all of the help they provided and to Shelly Shockency for administrative assistance. The
name  Critical Race IP came out of a conversation that the authors and Laura Foster had at a
writing retreat at Indiana University in the spring of 2014. The conference came to fruition after
several attempts at funding, with multiple sets of colleagues. While we have worked with a
number of individuals, this Article represents only the views of the authors. We do not speak for
any of the individuals with whom we have collaborated. Any errors or omissions are our own. We
are grateful for the community of extraordinary scholars that has expressed interest in and support
for Critical Race IP as an intellectual project and subject of a conference for sharing their
compelling and important ideas.


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