Today’s growing field of law school graduates and young attorneys seeking jobs is making the legal career field more competitive than ever. In an effort to differentiate themselves from the pack, many graduates have begun seeking further legal education–such as the LL.M–in specialized fields; however, this trend just received a makeover.

On Monday, Fordham University School of Law announced it will be the first to offer degrees in fashion law effective Fall 2015. Students will be able to choose between two degrees: a Master of Laws (LLM) in Fashion Law for those who’ve already completed a J.D. degree, and a Master in the Study of Law (MSL) for business professionals interested in fashion law.

As one of the first law schools in the world and certainly the United States propelling such a distinct institution, the announcement comes at the perfect time. Not only does the LLM offer J.D. graduates interested in fashion an opportunity to further enhance their legal education, but it also provides a niche industry resource to fashion and clothing lines tackling intellectual property, copyright infringement, and counterfeiting lawsuits.

Like many of its other LLM programs, students who wish to study fashion law have the option to do so as full or part-time students and in the traditional LLM approach of two semesters. Copyright, IP, and counterfeit charges pertaining to fashion law are just the tip of the iceberg when it comes to the program. Students will further be exposed to and taught how to deal with employee issues when dealing with talent and models, regulating claims related to sustainability and data privacy concerns linked to e-commerce and social media.

Traditionally a the LLM has been a tool utilized by international students wishing to gain global credentials, and for J.D. graduates who desire advanced legal study. Although having an LLM does make an attorney stand out due to their specified area of expertise studied, the degree is not required in the United States since a J.D. is sufficient for both taking the bar exam and employment.

Statistics and trends provided by the American Bar Association, however, show that there are more attorneys today than ever. As of last year there were 1,281,432 practicing attorneys, a staggering 21 percent increase from the year 2000. These statistics clearly indicate the exponential growth of attorneys in the United States. They also make clear why students must seek something to set themselves apart from the competition; and for those interested in fashion, Fordham Law School has just made history.

According to attorney and founder of the Fashion Law Institute at Fordham Professor Susan Scafidi, “legal savvy, like business expertise, has always been an important component in building a successful fashion house or design career–it just hasn’t yet been recognized to the same degree…Would we have Tom Ford without Domenico De Sole, or at least a significant degree of legal knowledge?”

Scafidi’s statement further justifies the notion that narrowly tailored institutions such as Fordham’s approach to the legal aspects of the fashion world open up new opportunities for job-seeking J.D. graduates with an interest in fashion. With the ever-growing competition of attorneys in the United States, Fordham’s LLM in fashion law will be beneficial for companies seeking to hire legal advisers with this specific expertise amid the growth of lawsuits and disputes pertinent to the market of fashion.

Symon Rowlands

Symon Rowlands is a member of the University of Miami Class of 2016 and was a Law Street Media Fellow during the Summer of 2015. Symon now blogs for Law Street, focusing mostly on politics. Contact Symon at staff@LawStreetMedia.com.

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As New York Fashion Week draws to a close and all of the celebrities, bloggers, and street style photographers clear from Lincoln Center, it appears that there is the same unsolved issue every season: where is the diversity on the runway?

Surely, we have seen quite a few additions of minority and even plus-size models since the earlier years of fashion week, but we still have a long way to go. And although the runways seem to be slowly but surely diversifying, there’s no excuse why particularly the one fashion week that takes place stateside is so slow to change. They may be able to get away with it in Europe, but there are plenty of African American girls for New York designers and agencies to chose from.

In the Fall/Winter ’14 shows last February, 78 percent of runway models were white, a slight decrease from the previous season’s 79 percent. Meanwhile, there are several famous supermodels who are minorities, like Brazilian Gisele Bundchen, Somali-born Iman, and Naomi Campbell who is black and British. So what gives? Why do designers insist on maintaining such whitewashed runways?

One possible reason is that, as with racism in most cases, it is simply easy for designers to fall into the same trap of maintaining the status quo of what ‘looks good.’ While the point of fashion shows is to display designs, that doesn’t necessarily mean that minority models can’t walk the runway without looking “too exotic” and detracting from the clothes they are wearing. Designers and casting directors need to start making a conscious effort to chose models of varying races. After all, if uniformity is still a concern, that is what hair and makeup are for. Remember last season when Kendall Jenner hid among the models at Marc Jacobs and no one even recognized her because her eyebrows were bleached?

Another reason for the lack of diversity on the runway could be that there are not a lot of minority models attending castings in the first place. If that is true, then the fault would lie with the modeling agencies as opposed to the designers. According to the Wilhelmina Models site, 13 out of 51 of the models signed with them appear to be women of color, about 25 percent. That’s an under-whelmingly low proportion of minority models. So why aren’t model scouts finding more women of color?

"Be happy, be yourself" love Diane #NYFW #DVFW pic.twitter.com/ua2PP5xIZc

— DVF (@DVF) September 7, 2014

The notion that only pale and blonde women can be beautiful is apparently still very ingrained in the fashion industry. Despite the fact that the number of white models is slowly decreasing each season, there is still a lot that needs to be done in order to erase this mentality. While I don’t think using affirmative action or establishing a certain quota for the number of white models allowed in one show would work, perhaps the CFDA could work to change this practice.

Several companies are already starting to promote the idea of using normal-sized girls as models, so why not start a campaign encouraging diversity? The president of the CFDA herself, Diane von Furstenberg, had about a third of her models as women of color in her show on Sunday, so I hardly think she would be opposed to promoting diversity in fashion. Von Furstenberg should use her power to eradicate the racist mindset in fashion and get more women of color on the runways.

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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I’m just going to cut to the chase: I hate Forever 21. Don’t get me wrong, I spent plenty of my parents’ money there on a seasonal basis when I was a teen, but by the time I was 17 I had completely sworn off the fast fashion mega-chain. Ironically, I used to shop at stores like Forever 21 and H&M because their merchandise was strikingly similar to the clothes I would see in magazines. But the more I immersed myself in the industry, the more I learned that these stores were the antithesis to the look I was striving to emulate. Forever 21 blatantly copies designers’ prints from big names like Diane von Furstenberg to independent clothing boutiques. In publishing that’s called plagiarism, but in retail it’s called making fashion “accessible” to the masses.

Courtesy of Simka sol via Facebook

The whole concept behind Forever 21 disturbs me. I used to walk into a store in complete awe, wondering how I was ever going to manage to thoroughly browse through all of the trendy merchandise. Now I walk in and feel disgusted.

I first noticed something was off about the store when I visited a three-level unit at the Garden State Plaza, much larger than any other store I had seen before. The bottom floor was overstuffed with sale merchandise. Upon seeing this I immediately thought, “What do they end up doing with all of these clothes? Surely, not that many people end up buying sale when there’s so much on-trend and reasonably-priced merchandise upstairs.” I pictured those factories where they shred old clothes and realized that even if the store never sells most of its sale merchandise, it will hardly make a dent in the company’s revenue. Forever 21’s clothes could cost around 20 cents to make and they sell them for $20 apiece, that’s a 1,000 percent markup. Something about that just doesn’t seem right.

Copyright laws allow for retailers like Forever 21 to copy garment designs, but not any prints that designers place on their garments. Which, if you think about it makes a lot of sense. Most clothes are made with one of a few possible patterns and ultimately it is what a designer puts of those patterns that makes their work unique and innovative. Considering part of their job description involves designing prints, how is it fair for them to do all the work only for someone else to come along and sell the same thing at a fraction of the price? Not to mention that fast fashion retailers can make a whole lot more money off of a copyrighted item by selling it in mass quantities.

Left: A dress by Diane von Furstenberg Right: Forever 21’s version. Courtesy of Susan Scafidi via Counterfeit Chic

Granted, the role of a fashion designer is also to set the example so other fashion retailers can sell on-trend clothing to the masses. However, trends usually dictate a silhouette or color that is “of the moment.” Sometimes a particular generic print may be in style, for example leopard print, but in that case there are so many variations that retailers can make that it is completely unnecessary for them to literally copy a designer’s version of that print. So why does Forever21 win or settle nearly every lawsuit filed against it?

In addition to over 50 copyright lawsuits, the company is also notorious for numerous labor violations. So not only does it cheat designers out of profits, but it also fails to pay employees fairly. Employee lawsuits go as far back as 2001, when workers claimed they were being paid under minimum wage. There was even a three-year boycott of the retailer by its U.S. garment workers. This year, U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) fined three stores with over $100,000 in safety violations.

Despite all of the company’s lawsuits and violations, Forever 21 is one of the largest clothing retailers in the world, so independent designers and small design firms often do not stand a chance against it. Also, Forever 21 has a history of settling before cases are ever brought to trial. Susan Scafidi, fashion law professor at Fordham University, explains that “they’ve been caught so many times, they’ve been publicly exposed so many times, they’ve even been sued — although many fewer times, because all they do is settle — this is just part of their business strategy. They go ahead and they take what they want, and when they get caught, they pay up. It’s probably cheaper than licensing it in the first place.”

The way Forever 21 runs its business is unnecessary as there are plenty of other retailers who run honest businesses, while still offering on-trend merchandise. Despite their involvement in the Bangladeshi factory collapse last year, Gap is a respected retailer in the industry and often collaborates with high-end designers and the Council of Fashion Designers of America (CFDA) in order to provide designer fashions to the masses. In fact, the recent explosion of designer collaborations with retail chains like Target, J. C. Penney, and H&M is the perfect antidote to the moral fast fashion dilemma. When designers willingly and legally offer their pieces to retailers, then there is no need to copy their designs because consumers can have access to the real thing at their desired price-level.

High-end designers control trends in this industry, but large chain retailers control how these trends get delivered to about 90 percent of consumers. Stricter copyright laws should be implemented in order to protect the artistic integrity of these designers. The garment industry is just like any other creative industry, so if it’s illegal to copy famous works of art, it should be illegal to copy wearable works of art as well.

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Katherine Fabian (@kafernn) is a recent graduate of Fordham University’s College at Lincoln Center and is currently applying to law schools, freelance writing, and teaching yoga. She hopes to one day practice fashion law and defend the intellectual property rights of designers.

Featured imaged courtesy of [Adam Fagen via Flickr]

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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