Duke University – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-56/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-56/#respond Mon, 11 Apr 2016 15:20:25 +0000 http://lawstreetmedia.com/?p=51807

Check out Law Street's best stories of the week.

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Last week’s top stories again included women protesting Indiana’s abortion bill, as well as a look at Lewis & Clark Law School’s public interest law program and Duke University’s sit-in protests. ICYMI, check out the top stories below.

Periods for Pence: Update Your Governor on Your Menstrual Cycle Today!

Women in Indiana are getting fired up about HEA 1337, a controversial abortion bill signed into law by Indiana Governor Mike Pence this past week. To stand up for what they believe is an infringement on women’s right to privacy, women from all over the state are calling the governor to inform him about their menstrual cycles. Read the full article here.

Advocating with a Passion: Why a Career in Public Interest Law is Worth Considering

Public interest lawyers provide voices to the members of our society who are so often overlooked, help to save the environment, take on oppressive laws, and fight for fairness. If you are a changer-of-the world looking for meaningful work that will feed your desire to make real change, public interest law is a path you should consider. Lewis & Clark Law School, located in Portland, Oregon, has one of the leading Public Interest Law programs in the country, making it a great place for aspiring public interest lawyers to get their start. Read the full article here.

#DismantleDukePlantation: Duke Student Protests Continue

Sit-in protests continue at Duke University, where students are enraged by the actions of some of their school administrators. The protests began last Friday afternoon when nine students occupied the second floor lobby of the Allen Building, home to the school’s administrative offices.Why are Duke students protesting? Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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#DismantleDukePlantation: Duke Student Protests Continue https://legacy.lawstreetmedia.com/blogs/education-blog/dismantledukeplantation-duke-student-protests-continue/ https://legacy.lawstreetmedia.com/blogs/education-blog/dismantledukeplantation-duke-student-protests-continue/#respond Thu, 07 Apr 2016 15:20:53 +0000 http://lawstreetmedia.com/?p=51743

The protests continue.

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"Duke Chapel" courtesy of [Frank Starmer via Flickr]

Sit-in protests continue at Duke University, where students are enraged by the actions of some of their school administrators. The protests began last Friday afternoon when nine students occupied the second floor lobby of the Allen Building, home to the school’s administrative offices.

Why are Duke students protesting? Uniting under the hashtag #DismantleDukePlantation, this group of students is reacting to recent allegations of administrators using racial slurs. One instance of this, which is at the forefront of the movement, is the story of how Executive Vice President Tallman Trask hit a parking attendant, Shelvia Underwood, with his car and proceeded to shout a racial slur at her. Trask released an apology after the incident stating:

I want to say a word to the Duke community about my interaction with Shelvia Underwood in August 2014, which has been a subject of much recent discussion.  While the details of what happened are a matter of disagreement and subject of civil litigation, I recognize that my conduct fell short of the civility and respectful conduct each member of this community owes to every other. I express my apology to Ms. Underwood and to this community and re-commit myself to ensuring that these values are upheld for all.

His apology has received a lot of criticism, especially given the contention over whether or not Trask used racial slurs during the instance, which he denies ever doing.

Once stories about Trask began to unfold, even more employees came forward, reporting to the Duke Chronicle about what they describe as a hostile and discriminatory work environment and leadership. According to one staff member, instances of the administration using sexist and racial slurs against employees are frequently covered up by the administration.

What are the protesters demanding? The main part of their demand is for Trask and two other administrators to be fired for their abhorrent behavior towards staff members. In addition, the protesters are pulling for an increase in the minimum wage for Duke employees from twelve to fifteen dollars an hour, double the North Carolina minimum wage of seven fifty an hour. Graduate student Bennett Carpenter was quoted saying that the biggest goal is that they “want accountability” especially because “Duke absolutely has a culture of racism, deep structural racism built into the institution.”

A couple of nights ago, the nine students protesting were given amnesty by the administration, meaning they will not be punished for their demonstration. Footage of the night shows students cheering as they learned this news:

Although they aren’t facing administrative retaliation, there has been an attempt to cast this protest in a negative light by the university, as they closed the Allen Building, preventing classes from meeting and disrupting usual business hours. While the school claims this closure was to continue the open dialogue with the students and for safety purposes, the students protesting claim that there was no reason to shut down the school building, other than to cast the protest in a negative light.

Duke released a statement on Monday claiming the following:

The negotiations have continued today (Monday), and it has become clear that reaching agreement on all the remaining demands will require far more extensive conversation, likely to include other members of the Duke community. Closing the Allen Building while these negotiations go on has presented a significant disruption to students, faculty, staff and visitors, and cannot continue indefinitely.

Today, it was announced that the students rejected an offer of concessions from the administration that would improve some of the contested working conditions.

It is unclear how long this protest will go on, but, based on the continued uproar on Twitter, it looks like the protestors are serious about getting what they came for, and they are not alone in their goals on campus.

Here’s to hoping everything ends as peacefully as possible. Even if they don’t receive all of their specific demands, the students at Duke University have drawn national attention to an issue that likely affects universities all across America. They are bringing the country one step closer to #DismantlingtheDukePlantation and promoting equality for all.

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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The Duke’s Trademark Suit Against Duke University is Dismissed https://legacy.lawstreetmedia.com/blogs/ip-copyright/duke-trademark-suit-against-duke-university-dismissed/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/duke-trademark-suit-against-duke-university-dismissed/#comments Mon, 06 Oct 2014 14:50:07 +0000 http://lawstreetmedia.wpengine.com/?p=25977

John Wayne's suit against Duke University won't move forward.

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Image courtesy of [Cromely via Flickr]

A California federal court dismissed a trademark lawsuit last week that John Wayne Enterprises brought against Duke University. The case was dismissed based on lack of jurisdiction and improper venue.

Actor John Wayne, born Marion Robert Morrison, had several nicknames that contained the word “Duke,” such as Duke Morrison, Duke Wayne, and The Duke. John Wayne Enterprises was created to “preserve and protect the name, image, and likeness of John Wayne by associating the John Wayne brand with quality and timeless products and experiences that embody the spirit of John Wayne and give back to the community.” In July 2013, the organization filed a trademark application with the Patent and Trademark Office to use the trademarks “Duke” and “Duke John Wayne” on all alcoholic beverages except beer. Last July, the organization sued Duke University for infringing its Duke trademark on alcoholic bottles.

John Wayne Enterprises argued that Duke University does not own the word “Duke” for use for all purposes’ however, the university argued that John Wayne Enterprises’ use of “Duke” on alcohol beverages caused consumer confusion, which trademark law is designed to prevent. According to the Los Angeles Times, John Wayne Enterprises’ “Duke” trademark is “a label on a bottle of bourbon stamped with a silhouette of the movie star in a cowboy hat, clutching a gun. The name ‘DUKE’ is stamped over his thighs, and John Wayne’s signature is reproduced near his feet.”  The John Wayne Enterprises logo can be seen here.

John Wayne Enterprises tried to gain personal jurisdiction over Duke University in a California federal court because “the school actively recruits students there, raises money there, maintains alumni associations there and sells university-related products there.” However, U.S. District Judge David Carter dismissed the Wayne estate’s lawsuit for lack of jurisdiction and said the case belonged in front of the Patent and Trademark Office Trademark Appeal Board in Alexandria, Virginia.

The court believed that “Duke was aware of John Wayne Enterprises’s presence in the state, but that there was no showing how Duke [University] purposefully directed its conduct at California by filing an opposition to trademarks in Virginia [the location of the Patent and Trademark Office.]”

John Wayne Enterprises and Duke University have battled over the use of the “Duke” trademark before. A July article in the Hollywood Reporter cites conflicts over using the name “Duke” in restaurant services, gaming machines, and celebrity licensing services. Thus, Judge Carter’s dismissal is likely not the end of this case. John Wayne Enterprises can always bring a suit against Duke University on the East Coast.

It’s rare to see John Wayne on the losing-end of a battle, but I am sure that John Wayne Enterprises is already preparing its next move to prevail in the end.

Joseph Perry
Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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4 Reasons I Support Belle Knox, the “Duke Porn Star” https://legacy.lawstreetmedia.com/blogs/4-reasons-i-support-belle-knox-the-duke-porn-star/ https://legacy.lawstreetmedia.com/blogs/4-reasons-i-support-belle-knox-the-duke-porn-star/#comments Fri, 21 Mar 2014 19:00:47 +0000 http://lawstreetmedia.wpengine.com/?p=13484

The story of Belle Knox, the “Duke Porn Star,” broke a few weeks ago, and for a little while I tried to avoid writing about it, because there were a lot of voices already getting in on the debate. But then I saw that this bright young woman was receiving death threats, and that her […]

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The story of Belle Knox, the “Duke Porn Star,” broke a few weeks ago, and for a little while I tried to avoid writing about it, because there were a lot of voices already getting in on the debate. But then I saw that this bright young woman was receiving death threats, and that her classmates were trying to get her kicked out of Duke — and that was enough to push me over the edge.

Before I get into the specifics about why I wholeheartedly support Knox, I want to catch up any of you who have been living under a rock for the last few weeks. Belle Knox is a pornstar. She’s also an 19-year-old freshman at Duke University, majoring in sociology and gender studies. She got into porn because it was something that interested her, and as a way to pay for Duke’s extremely expensive tuition. She was outed by a classmate who recognized her, and quickly became the best worst-kept secret on campus. Then, The Chronicle, Duke’s student newspaper, did a profile on her using the pseudonym “Lauren.” As national news outlets got wind of the story, she wrote a few of her own pieces on xojane.com, including one where she published her porn alter-ego name, “Belle Knox.”

Since then, her face and real name, which I will not publish out of respect for her privacy, have been released. She’s gone on a few shows to defend her decision, despite the death threats and ire she and her family have both received. Knox has shared some of the more brutal ones, including:

  • You should slit your wrists and die, you stupid bitch
  • We are going to throw garbage at her every fucking day!!! let’s do it GREEK FRAT!!!!!!!!!!!!!!!!
  • The school should either expel her, or we will take matters into our own hands and make this fuck up suffer. cheers!
  • FUCK YOU!!!! IF I SEE U WALKING ON CAMPUS I WILL KICK YOU IN THE FACE!

I, on the other hand, respect Knox deeply. And here are four reasons why the people who are making death threats to her need to go to hell themselves.

4. People in glass houses shouldn’t throw stones.

This is actually a point that Knox made herself in one of her XoJane pieces, “I’m Finally Revealing my Name and Face as the Duke Pornstar.” But I think it’s such an excellent point that I feel the need to expand on it. Knox pointed out that porn is a $13.3 billion industry each year in the United States. That’s more than the revenue of ABC, NBC, and CBS combined. While estimates vary due to a lack of desire to self-report, a $13.3 billion industry doesn’t become that way because only a few people are partaking. I’d bet you 50 bucks that at least a few of those people sending death threats to Belle Knox have watched porn at some point in their lives.

There is a huge double standard here, because how in the world do the people who are sending Knox these death threats think that porn is made? They want to watch it, but they don’t want to have a porn star next door. They want to enjoy the industry without actually acknowledging how it’s made. They want to pretend that the women they drool over don’t exist, because that’s easier than acknowledging that they’re someone’s daughter or sister or friend. It’s easier than acknowledging that they’re, god forbid, intelligent, autonomous, real human beings.

 

3. This was Knox’s private decision.

You might argue with me on this one. You might say that because she made the choice to partake in such a public industry, that it was no longer a private decision. But she made an alter ego for a reason. She made an alter ego because she, like anyone else, is still entitled to a private life. And when her real birth name was outed, she lost that ability.

But most importantly, her family also lost their privacy. Her family, at the very least, deserves the ability to live out their lives privately.

Why a woman turns to porn is her own decision. Now Belle Knox has been forthcoming about her reasons because she’s been asked. She explained that she does it because she likes it, because she feels empowered by her work, and because she wanted to pay for her education. She has already shared her reasoning with the public, and that was her choice. But some commenters are telling her that that reasoning isn’t good enough, like the ladies of The View:

It’s one thing to out her and demand that she explain why she wants to a be a porn star, even though that is her private decision. But to tell her that her reasoning isn’t good enough, and demand that she further justify her private decision is ridiculous.

2. There’s a bigger conversation here and that’s the exorbitant price of college tuition. 

Belle Knox is right — $60,000 is ridiculous. Most families cannot afford to send their daughter to school for $60,000. Now critics say that if she couldn’t afford it, then she shouldn’t have gone to Duke. She should have gone to a cheaper state school. But even state schools are getting up there. Average student loan debt is $29,000. About 12 million students each year take out money to finance their college education.

And Duke is an excellent school. She deserves to be there if she got in. We as a society cannot accept the fact that the only people who deserve to go to good schools are the ones who can pay for it.

Belle Knox could have chosen a different way to pay for her education, sure. She could have taken out loans or done other work. And I don’t think she made the right choice, but it was hers to make. And mostly I think the fact that a woman would even turn to porn because her tuition is so high is much more interesting than the porn itself. That should never be a choice that a young woman who wants to get an education has to make.

1. People are saying that Belle Knox is anti-Feminist. 

What’s pissing me off the most is the way that so-called feminists are treating Belle Knox. Now there are a lot of arguments out there about exactly what being a feminist means, and who is a feminist. Now is neither the time nor the place for any of that, but I think we can all agree on the fact that feminism is not and has never been one size fits all.

So to all the people out there who are saying Belle Knox isn’t a feminist…who gave you that right? Who gave you the right to define what feminism means to her. She feels empowered by what she is doing. She is a strong, well-spoken, incredibly intelligent young woman. She can tell you what makes her feel empowered. She can make that judgment call for herself. No one gave you the right to decide what empowers her. 

So carry on, Belle Knox. And be careful. Because there are a lot of people who want to take you out. But I can assure you, they’re all dead wrong.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Image courtesy of [Alan via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Stop Calling Blatantly Racist College Bashes “Theme Parties” https://legacy.lawstreetmedia.com/blogs/stop-calling-blatantly-racist-college-bashes-theme-parties/ https://legacy.lawstreetmedia.com/blogs/stop-calling-blatantly-racist-college-bashes-theme-parties/#comments Fri, 07 Mar 2014 18:36:03 +0000 http://lawstreetmedia.wpengine.com/?p=12998

It seems like every week we see a new headline about an incredibly insensitive theme party — usually involving a college Greek Life chapter. One of the greatest hits includes this incredibly racist “Mexican Party” by the lovely ladies of Chi Omega at Penn State University. Or one of my personal favorites, this Duke University […]

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It seems like every week we see a new headline about an incredibly insensitive theme party — usually involving a college Greek Life chapter. One of the greatest hits includes this incredibly racist “Mexican Party” by the lovely ladies of Chi Omega at Penn State University.

Or one of my personal favorites, this Duke University Kappa Sigma party. It was first called “Asia Prime,” but then got changed to “International Relations.”

I have good news though: racist fun isn’t just limited to Greek Life members! Check out this picture from a UConn Law School MLK Day Party dubbed “Bullets and Bubbly” back in in 2007.

These are by no means isolated incidents. When I googled “racist party” for this article, there were dozens of examples from which to choose. This is a rampant problem, no doubt, and every time a new incident makes it to the national press, I join the legion of outraged observers.

Then I stumbled across a Buzzfeed article yesterday called, “This is what American Parties Look Like Around the World.” Apparently American parties are a thing in other countries. They feature red solo cups, American Flags, popcorn, sports jerseys, and backwards hats. With a few exceptions, all pretty accurate and innocuous stereotypes. Well, except for the popcorn thing. I don’t get that. Do other places not have popcorn???

 

Here’s another one. They seem to like our solo cups, but I don’t think they’re using them correctly:

I found the Buzzfeed piece to be entertaining and charming. Most of the “American” stereotypes were funny. With the exception of a couple military references, nothing else, at least to me, was offensive. And then I scrolled down to the comments. Most people seemed to agree with me. They applauded the parties, and left comments about how the stereotypes are kind of accurate. A few others offered rather defensive explanations about why we use red Solo cups.

And then there were some commenters who were really offended. Some posed questions about how those same countries would feel if we poked a little fun at them. And one commenter really interested me, because he compared these parties to the very offensive ones I discussed above.

So that got me thinking, why am I so offended by Mexican, Asian, and MLK Day parties, but not really at all by the “American Parties?” And the reason is that these are apples and oranges; they are unequivocally, hugely different. And here are three reasons why:

3. We need to look at the context. 

At no point has the culture of the United States been the butt of offensive and destructive stereotypes. Part of this has to do with the relatively short history of our nation, or maybe our status for many years as a superpower. But with the very limited exception of perhaps political prisoners or POWs, I cannot think of a single instance in which an American has had his or her rights taken away simply for being American. Sure, we occasionally face prejudice or suspicion when we travel to other countries, and there are parts of this world that are not very safe for American travelers. But at no point has our culture been used to disenfranchise us.

That’s one of the main things that sets this party apart from the offensive parties above. Sure, the symbols at the “American Parties” are poking fun at us, but that’s all. I think you’d be hard pressed to see an American genuinely disenfranchised because he’s wearing a cowboy hat. That’s just not true with the symbols — sombreros, ponchos, and others — used by the girls at the Mexican Party.

2. The symbols they chose are pretty mild and pulled from pop culture. 

Red Solo cups? Basketball jerseys? Popcorn? Those aren’t historically important and engrained parts of American culture. In fact, all three of those things are relatively recent phenomenons. Fifty years from now, I bet we won’t even be using red Solo cups because we’ll have found a much more efficient and climate-friendly alternative. Contrast that with the clothing of the girls at Duke’s Asian-themed party. Those are historically-loaded garments. They have important cultural significance. Red Solo Cups, in the long run, do not. We have a silly song about them, for God’s sake. Go ahead and mock, world.

1. There’s no issue of race or culture.  

The U.S. is a melting pot. We don’t have historical clothing, one distinct religion, or defining racial characteristics. And that’s part of what makes this country great. I guess you could say that it’s also what makes us pretty hard to make fun of on a deeply offensive level.

But it’s possible. We do have symbols that are deeply ingrained in this culture, for example, the American flag. If one of these “American Parties” had cut up or degraded our flag in some way, I would probably be offended. Some of these parties do feature the American flag, but on a wall, the same way it would be in the U.S.. But that’s not what they’re doing. They’re not attacking us for the way we genetically look. They’re not making fun of the beliefs that we harbor, or historical events in our history. These parties are full of stereotypes that don’t put us down as people.

It’s doable to have a party about a nation that isn’t offensive, even if it is in jest. For example, I once attended a French-themed birthday party. It featured French refreshments, large pictures of the Eiffel Tower, and I believe we all said “c’est la vie?” and “voulez-vous couchez avec moi?” many a time. I see these “American Parties” in the same vein.

I’m not encouraging stereotyping, I’m not encouraging people to poke fun at Americans, but I think it’s important to point out that there is a real and concrete difference between malicious and innocuous stereotypes. Those first three parties, they crossed the line. Look at the girls in the first picture. In case you didn’t notice, one is holding a sign that says, “Will mow lawn for weed and beer” while adorned in a poncho and fake mustache. That’s a harmful stereotype, because it’s exactly that kind that propagates racism and prejudice in our country today.

On the other hand, this spread, from an “American Party” just looks delicious.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [hobvias sudoneighm via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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