Halloween – 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 RantCrush Top 5: October 31, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-october-31-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-october-31-2016/#respond Mon, 31 Oct 2016 16:33:48 +0000 http://lawstreetmedia.com/?p=56538

Happy Halloween! Who is booing today?

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Image courtesy of Heisenberg Media; License:  (CC BY 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

What is Duffgate 2016?

Misappropriation or mistake? Hilary Duff and her new boyfriend Jason Walsh wandered around town this weekend to take part in Halloween festivities. But when this picture hit the stands…it kind of sucked out all the fun.

What could have been an innocent costume choice is not so innocent anymore because of these implications…

But are people really being too harsh?

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-62/ https://legacy.lawstreetmedia.com/news/icymi-best-week-62/#respond Mon, 24 Oct 2016 14:04:59 +0000 http://lawstreetmedia.com/?p=56393

Check out the top stories from Law Street!

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Offensive Halloween costumes, online abortion pills, and surplus cheese; that’s just a taste of some the trending stories you may have missed last week. ICYMI–check out the top stories from Law Street below!

1. University of Florida to Offer Halloween Counseling to Offended Students

Halloween is a frightening time of the year, although it does not normally send university students to counseling. The University of Florida said in a statement last week that it will be offering counseling students to students who are offended by Halloween costumes. Read the full article here.

2. How Irish Women Buy Pills Online To Get Around Abortion Laws

It may be hard to imagine that in 2016 having an abortion is still illegal in a country as developed as Ireland. As a traditionally Catholic country, it has strict laws regulating abortion, with the exception of instances in which the procedure would save the mother’s life. New data illustrates the way in which many Irish women seek abortions despite the country’s particularly restrictive laws. .

3. What Is America Going To Do With 1.2 Billion Pounds Of Surplus Cheese?

The U.S. has a humongous surplus of cheese. So big that every man, woman, and child in the country would have to grab an extra three pounds and finish that before the end of the year to work through it. The 1.2 billion pounds of cheese sitting in storage are not even the issue. Surplus meat, poultry, milk, and other dairy products are flooding the food market. 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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University of Florida to Offer Halloween Counseling to Offended Students https://legacy.lawstreetmedia.com/blogs/education-blog/university-florida-halloween-counseling/ https://legacy.lawstreetmedia.com/blogs/education-blog/university-florida-halloween-counseling/#respond Wed, 19 Oct 2016 17:34:58 +0000 http://lawstreetmedia.com/?p=56297

UF asks students to be mindful of their Halloween costumes this year.

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"Halloween 2011" courtesy of MarkScottAustinTX; license: (CC BY-SA 2.0)

Halloween is a frightening time of the year, although it does not normally send university students to counseling.

The University of Florida said in a statement last week that it will be offering counseling students to students who are offended by Halloween costumes.

“Some Halloween costumes reinforce stereotypes of particular races, genders, cultures, or religions,” the statement says. “Regardless of intent, these costumes can perpetuate negative stereotypes, causing harm and offense to groups of people.”

The school then provided contact information for different resources around campus. One of the resources, the U Matter, We Care program, describes itself as “UF’s umbrella program for UF’s caring culture and provides students in distress with support and coordination of the wide variety of appropriate resources,” according to its website.

Additionally, students have access to a 24/7 counselor reachable by phone and a service to mediate situations of bias. According to the statement, “the Bias Education and Response Team at the University of Florida is able to respond to any reported incidents of bias, to educate those that were involved, and to provide support by connecting those that were impacted to the appropriate services and resources.”

Over the past few years, Halloween costumes have become a large issue on college campuses, with many people feeling as though costumes appropriate their culture or reinforce negative stereotypes.

This year, costumes such as the “Kim the Hostage” costume and another depicting a gorilla holding a plastic baby, have come under intense scrutiny, as they reference graphic events.

Some people, however, voiced their concerns over the services the university is providing.

The university encouraged students to be aware of the costumes that they choose to wear on Halloween, adding, “Thank you for being mindful of these values, and have a fun and safe Halloween.”

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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Halloween Costume Suggestions for the 2016 Presidential Candidates https://legacy.lawstreetmedia.com/elections/halloween-costume-suggestions-for-the-2016-presidential-candidates/ https://legacy.lawstreetmedia.com/elections/halloween-costume-suggestions-for-the-2016-presidential-candidates/#respond Sat, 31 Oct 2015 21:08:04 +0000 http://lawstreetmedia.com/?p=48890

Check out Law Street's Halloween picks for the presidential candidates.

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Image courtesy of [Professor Bop via Flickr]

It’s understandable that some of the Democratic and Republican candidates may not have put too much thought into their Halloween costumes yet–after all, it’s been a busy few weeks. So, we here at Law Street thought we’d help them out, and come up with some suggestions for a few of the candidates. Check them out below:

Bernie Sanders could go as Larry David

The senator from Vermont wouldn’t even have to get too creative on this one. He’s a dead ringer for comedian Larry David, who actually impersonated him on SNL a few weeks ago.

Ted Cruz as Grandpa Munster

According to some, Senator Ted Cruz of Texas looks an awful lot like Grandpa Munster from the Munsters–a 1980s CBS sitcom. It’s seasonally appropriate too, given that Grandpa Munster’s real name was Vladimir Dracula, Count of Transylvania, and a vampire.

Martin O’Malley as Taylor Swift

After he regaled the hosts of the “View” with his rendition of “Bad Blood,” O’Malley should reprise his role as T-Swift for Halloween.

Lindsey Graham Could be an iPhone

Given his aversion to technology and email, and the earlier controversy when Donald Trump gave out his personal cell phone number, Lindsey Graham could make a convincing iPhone for Halloween.

Jeb Bush Could be His Brother, or Father

Bush might as well save some money, and repurpose an old costume. I’m sure there are plenty of George W. and George H.W. costumes floating around out there.

Image courtesy of Steve Shupe via Flickr

Image courtesy of Steve Shupe via Flickr

 

Hillary Should Dress up as Tech Support

Given all the issues she has had with her email so far in this campaign, Hillary could moonlight as a member of tech support–Geek Squad, perhaps?

Image courtesy of Mike Mozart via Flickr

Image courtesy of Mike Mozart via Flickr

So there you have it–some suggestions for the 2016 candidates to celebrate Halloween in style. With only hope, they’ll take these suggestions seriously. 

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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Binge-Watching Netflix Led Man to Murder his “Zombie” Friend https://legacy.lawstreetmedia.com/blogs/weird-news-blog/binge-watching-netflix-lead-man-murder-zombie-friend/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/binge-watching-netflix-lead-man-murder-zombie-friend/#respond Tue, 27 Oct 2015 17:38:23 +0000 http://lawstreetmedia.com/?p=48816

Dude it's Netflix and Chill, not Netflix and kill!

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Image Courtesy of [Kat N.L.M. via Flickr]

It’s getting closer and closer to Halloween, and for many that means costumes, candy comas, and scary movies. However this year there are some that clearly can’t handle the latter. Case in point, last week a New Mexico man who had been drunkenly binge-watching “The Walking Dead” on Netflix beat his friend to death with a microwave and an electric guitar after becoming convinced that he was turning into a zombie.

According to the Associated Press,

Grants police spokesman Moses Marquez said Sunday that 23-year-old Christopher Paquin was beaten and that 23-year-old Damon Perry is being held on a murder charge. Police say Perry beat Paquin with his hands, feet, an electric guitar and a microwave.

Really, a microwave?

Authorities were called to the apartment complex after Perry’s neighbors phoned 911 to report that a man was running around the complex threatening people with a knife. When they arrived, they found two maintenance workers had pinned Perry to the ground and discovered Paquin’s body inside an apartment with signs of trauma. He was pronounced dead at the scene by paramedics.

Grants, New Mexico police department spokesman Moses Marquez told the Daily Beast, “It was one of the absolute worst [crime scenes] I’ve ever seen, and I’ve been with the department for 15 years.”

According to police reports, Perry told officers that he had been drinking multiple 40-ounce bottles of malt liquor when Paquin began “to change into a zombie” and tried to bite him. That’s when he began to beat him to death with random household items. Currently Perry is being held in police custody, but his lawyer has yet to comment publicly on the charges.

I’ll just go ahead and say it: this is absolutely crazy. Who kills their “friend” because they watched too much TV and believed they were morphing into a fictional creature? There’s a reason it’s called Netflix and chill, and not Netflix and kill. The entire thing is an incredibly weird and tragic story–it’s hopeful that Perry gets the help he needs.

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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Employed Women Are Not Halloween Costumes https://legacy.lawstreetmedia.com/blogs/culture-blog/employed-woman-not-halloween-costume/ https://legacy.lawstreetmedia.com/blogs/culture-blog/employed-woman-not-halloween-costume/#respond Wed, 21 Oct 2015 17:21:59 +0000 http://lawstreetmedia.com/?p=48734

Enough is enough.

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Image courtesy of [Sam Churchill via Flickr]

Halloween is right around the corner, so it’s time for an annual public service announcement: women’s Halloween costumes are incredibly sexist. The costumes hanging in the aisles of Party City reflect a set of stereotypes that women are sorted into without their consent. Unfortunately, categorizing women in narrow and reductive terms doesn’t end at midnight on October 31st–it is a reality of gender inequality in the workforce year-round.

Consider just how many Halloween costumes reflect prejudices women face on the job every day: women who are focused on their work and don’t “let loose” are ice queens, women who are aggressive when pursuing their tasks are ball busters, and women who demand respect in the workplace are witches. A man with these same patterns of behavior is considered a leader with the potential to succeed in the corporate hierarchy. A man with this behavior is never reduced into any stereotype that can be recreated with polyester and tin foil for trick-or-treating. If there is a Halloween costume that mocks being a hard working male in the corporate environment, I have yet to find it–but a single Google search turns up two dozen different sexy secretary costumes and many a college campus this Halloween will host a “CEOs and Office Hoes” themed party. There are dozens of Halloween costumes that will send feminists reeling from their local shopping centers this October, but perhaps the most offensive is dressing as a “sexy businesswoman.”

A majority of mass-produced Halloween costumes are offensive, but these are truly disturbing because they reveal latent prejudices within our national mentality. In 2015, when there are two female candidates for President of the United States, when there have been positive strides to close the wage gap, when women are feeling more optimistic about their futures in the workplace–being a competent, gainfully employed woman is still a costume? For most women, dressing up to go to work is the way they support themselves and their families, not a fun fashion statement for a party.  Halloween is supposed to be an escape from reality that lets us celebrate kooky, amusing characters–being a woman in the workforce should never be considered “amusing.” Women should feel beautiful, confident and empowered when they get dressed for work. When we turn workplace attire into a costume, we take that power away from women, making them feel like they are dressing up as clowns instead of competent workers. In a work environment where women are constantly ignored, belittled and even threatened, they should at the very least feel comfortable in their own clothes.

Beginning in 2011 at Ohio University, the phrase “we’re a culture, not a costume” has been utilized to protest racist Halloween costumes that trivialize the cultures of African-Americans, Native Americans, and Mexicans, as well as others. The campaign caught on relatively quickly and a call to reform Halloween costumes was taken up by a variety of media outlets—including Buzzfeed, which recently produced a set of videos illustrating how offensive these costumes can be. In keeping with the historic tradition of intersectionality between racial equality campaigns and women’s equality movements, this Halloween, I think that the campaign could be extended further–“we’re 50 percent of the population, not a costume”.

Ask a child in your family why Halloween is fun. There’s the candy, getting to stay up late, getting to play games at school–but above all, it is the costume that makes the day special. As we reach our teens and twenties, Halloween becomes more sexualized and wild but we should never forget that Halloween is ultimately a holiday for children. If you teach a little girl that dressing up in business casual is just as ludicrous as dressing up as a fairy princess, what are you teaching her about the opportunities waiting for her in the world?

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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People Suck: There’s Now a Caitlyn Jenner Halloween Costume https://legacy.lawstreetmedia.com/blogs/entertainment-blog/people-suck-theres-now-a-caitlyn-jenner-halloween-costume/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/people-suck-theres-now-a-caitlyn-jenner-halloween-costume/#respond Wed, 26 Aug 2015 14:59:35 +0000 http://lawstreetmedia.wpengine.com/?p=47243

Just the latest offensive Halloween costume.

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Image Courtesy of [Alberto Frank via Flickr]

Since introducing herself to the world as Caitlyn Jenner on the July cover of Vanity Fair, Jenner has capitalized on her privilege and social media presence to shine a much needed spotlight on the transgender community. And while millions have empathized with her struggle, it was only a matter of time until the internet does what it does best, and turned her coming out into a joke. Cue the Caitlyn Jenner Halloween costume.

The $74.99 unisex costume, which is modeled after her Vanity Fair cover shot, includes white shorts, a padded white top, a brown wig, and a pageant sash reading “Call Me Caitlyn,” and is listed on many costume retailers’ sites under the category “humor.” Twitter quickly blew up with people both defending and condemning the costume.  Here are just a few examples below.

 

My personal favorite (even though I do not condone any beverage violence):

A change.org petition started by Addison Vincent against SpirtHalloween.com, a retailer who carries the costume, begged the site to take down the costume. In the petition Vincent wrote,

Do not turn Cailtyn Jenner into a costume. Your profit will only lead to greater transphobia and marginalization of an already at-risk community.

However, Lisa Barr, senior director of marking at Spirit Halloween responded defending the costume saying,

At Spirit Halloween, we create a wide range of costumes that are often based upon celebrities, public figures, heroes and superheroes. We feel that Caitlyn Jenner is all of the above and that she should be celebrated. The Caitlyn Jenner costume reflects just that.

Spirt Halloween has since taken the costume down from their site, but has given no explanation as to why. However, the negative publicity hasn’t stoped other retailers, from continuing to sell the costume to consumers on sites like AnytimeCostumes.com and WholesaleHalloweenCostumes.com, which sells the getup for only $49.90.

Sadly, the tasteless costume shouldn’t come as much of a surprise. For years Halloween has been used by many as an excuse to culturally appropriate others for laughs. Take blackface for example, which never fails to make a comeback every October, despite all efforts to educate ignorant wearers of its racist history.  It is nice to see people sticking up for Caitlyn and the transgender community, but we shouldn’t forget that other offensive costumes still stock the shelves of some of our most popular Halloween retailers.

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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Cultural Appropriation: What’s Appropriate? https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/cultural-appropriation-whats-appropriate/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/cultural-appropriation-whats-appropriate/#comments Thu, 26 Mar 2015 13:00:14 +0000 http://lawstreetmedia.wpengine.com/?p=36488

What is cultural appropriation, and where do we draw the line between it and appreciation?

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Image courtesy of [whatleydude via Flickr]

From the time we are in elementary school, we are told that copying from someone else’s paper is wrong. As we get a little older, we are given other names for this copying: plagiarism and intellectual property theft. Often, even those who believe that intellectual property laws are a threat to creativity and equitable access to knowledge recognize that even if something is not illegal, it is better form to give credit where credit is due. But a new question has popped up recently: does this logic apply to culture, as well? Some say yes and call it cultural appropriation. But what exactly is cultural appropriation, and when do we cross the line between appropriation and appreciation?


 What is cultural appropriation?

Cultural appropriation is often defined as being similar to intellectual property theft, but with more overt and culturally offensive aspects.

Cultural appropriation is the adoption or theft of icons, rituals, aesthetic standards, and behavior from one culture or subculture by another. It generally is applied when the subject culture is a minority culture or some how subordinate in social, political, economic, or military status to the appropriating culture. This ‘appropriation’ often occurs without any real understanding of why the original culture took part in these activities or the meanings behind these activities, often converting culturally significant artifacts,practices, and beliefs into ‘meaningless’ pop-culture or giving them a significance that is completely different/less nuanced than they would originally have had.

Conversations about cultural appropriation often spring up around Halloween, when young white children dress up as Native Americans, “rappers,” and “gangsters.” These Halloween costumes are widely condemned as racist; reminding white people that “race is not a costume” has become a year-round burden for some. Mohammed “Mo Juicy” Fayaz of the online magazine Browntourage reminds readers that, “The dangers of cultural appropriation go beyond offending people, appropriation continues patterns of disempowering groups that are already marginalized.”

Viewed as a direct continuation of imperialist violence–which assumes that the land, labor, and bodies of people of color are available for white consumption–cultural appropriation “treats all aspects of marginalized cultures… as free for the taking.”

Conversations about the controversy also often come up when discussing music, such as this interview with Azealia Banks over white artists’ cultural appropriation.


But can you really steal a culture?

On the flip side of things, some people believe that accusations of cultural appropriation need to be wielded much more carefully. Arguing that “you can’t ‘steal’ a culture,” American political commentator and linguist John McWhorter asserts that, “with gay white men and black women, for example, it’s not as if the black women are being left without their culture after the ‘theft’ or as if gay white men are somehow out there ‘out-blacking’ the women they ‘stole’ from.” (This refers to white gay men who affect speaking patterns and mannerisms that are often more readily culturally associated with black women.) McWhorter warns that people accusing others of “stealing” culture through appropriation are using the very specific term too loosely. He argues that the loosening of our language allows flippant accusations to be made when more serious issues can be dealt with.

Additionally, accusations of cultural appropriation often generate assumptions about the race, ethnicity, religion, or sexuality of the people involved. This is alluded to by Howell in the video above, which he starts by cautioning viewers not to pre-judge what he says by the color of his skin. He goes on to argue that it is a compliment to people of color (specifically, he is talking about black people) when white people want to engage in aspects of black culture that they find attractive and fun. Reminding his viewers that it is not “wrong” or “low-class” to be black or to perform blackness through dress or actions, Howell argues that cultural appropriation is not actually appropriation at all, but rather a form of a compliment that has the potential to dismantle racist and/or classist assumptions about black people.

In a similar vein, it is often argued that accusing someone of appropriating another culture can force unwanted assumptions onto people. These incorrect assumptions happened to a bride named Krista, who was accused online of cultural appropriation for pictures of her wedding that were posted online. The wedding integrated aspects of Lenape culture, a Mid-Atlantic Native American tribe. Krista, however, reminded online discussants that she has a Lenape background, even though people assumed she was white based on her features and the color of her skin.


Appreciation or Appropriation?

Here are some examples of widely-talked about accusations of cultural appropriation in recent pop culture.

Case Study: Miley Cyrus

Accused by many as putting on a tremendously racist “minstrel show” in her “We Can’t Stop” video and its performance at the 2013 VMAs, Miley Cyrus has been resoundingly condemned by Anne Theriault for having “used black women as props — like, literal props... Miley was, at one point, slapping a faceless black woman on the ass as if she was nothing more than a thing for Miley to dominate and humiliate.” Critics also noted the historical significance of Cyrus’ performance; like so many other white performers before her, Cyrus used black culture and black bodies to re-brand her own image. Her unapologetic use of black women’s bodies to make herself look “cooler” was described by Jody Rosen of Vulture: “Cyrus is annexing working-class black “ratchet” culture, the potent sexual symbolism of black female bodies, to the cause of her reinvention: her transformation from squeaky-clean Disney-pop poster girl to grown-up hipster-provocateur.”

Following Cyrus’ performance there were powerful calls for black female performers to “just say no” to requests to be in her videos or shows in the future. Musician Big Freedia made sure Cyrus knew she wasn’t even succeeding at her attempts to twerk, sardonically offering, “just get me and Miley together so I could give her ass some lessons.”

In the midst of these accusations of Cyrus’ cultural appropriation, however, there were calls to “go easy” on the performer. In the rush to defend Cyrus, Washington Post columnist Clinton Yates asserted that, “it is inherently racist to imply that there is anything wrong with anyone other than black women twerking.” Arguing that the term “hood” connotes affection when said by white people today, McWhorter had a series of questions for those calling Cyrus out on racism. He wanted to know, “How do we know Cyrus isn’t sincere when she says she loves “hood” culture? Because she’s white? I’m afraid that’s a little 1955.”

Entering the realm of accusations of “reverse racism,” these writers argued that cultures are inherently going to borrow from each other whenever they coexist in society. Restraining white people from borrowing from people of color is unfair if the expectation is that it is not culturally appropriate for people of color to adapt aspects of white culture.

Case Study: #BlackLivesMatter

In the wake of the highly publicized and protested murders of Trayvon Martin and Eric Garner, the slogans “I am Trayvon Martin” and “I Can’t Breathe” rose to the fore of social justice forums. White people were frequently seen in hoodies claiming to “be” Trayvon Martin, and–as seen above–white people were frequently seen claiming to not be able to breathe. Here, the violent potential of cultural appropriation became explicitly clear to some. White users of the hashtag #AllLivesMatter, or asserting that “I am Trayvon Martin” or “We Can’t Breathe” were accused of cultural appropriation because they were attempting to take the experiences of black people as their own. In doing so, they erased the racist dimensions of police violence by “deracializing” the issue, making it about “All Lives” instead of “Black [and Brown] Lives.”

According to critics, by claiming false solidarity–and thus appropriating the cultural experiences of black people–with the deaths of these and other black people at the hands of police, white people were shifting the focus from #BlackLivesMatter to #AllLivesMatter. These hashtags have been used to refer to two related social movements. #BlackLivesMatter refers to activism attempting to call attention to police violence against black people. #AllLivesMatter refers to activism that states that while police violence against people of color is a problem, it is damaging to focus on race in discussions of police violence. In doing so, people using the hashtag #AllLivesMatter claimed that we live in a colorblind society, which threatens to erase the fundamental violence of racism.

However, the #AllLivesMatter hashtag and protests were largely framed as a response to the shooting of two police officers in New York City. These activists pointed out that in addition to black lives mattering, as Raleigh Police Chief Cassandra Deck-Brown stated, “I must say that blue lives do matter. But as I close, I must say that we as a community must begin to recognize that all lives matter.” Basing their rhetoric off of an impulse to ensure that people didn’t feel threatened by, but rather welcomed to join in solidarity with protests surrounding the violent deaths of young people, #AllLivesMatter advocates have decided that it is more important to embrace a less specifically racial call in favor of avoiding any accusations of divisiveness.


 

So, is cultural appropriation ever appropriate?

In a scathing critique of Cyrus’ performances as cultural appropriation, Dodai Stewart cautioned readers, “Let’s not get it twisted: The exchange and flow of ideas between cultures can be a beautiful thing. I believe in cross-pollination and being inspired by those whose experience is not like your own.” There’s obviously no clear line here. Perhaps the key is constantly checking in on the impacts of actions, all the while drawing and abiding by distinctions between admiration and exotification, inspiration, and appropriation.


Resources

Zine Library: Cultural Appropriation or Cultural Appreciation?

Hot97: Azaelia Banks on Iggy Azalea

Daily Beast: You Can’t ‘Steal’ a Culture: In Defense of Cultural Appropriation

OffBeatEmpire: Think Twice Before Appointing Yourself Cultural Appropriation Police

Colorlines: On Saying No to Miley Cyrus, the Habitual Cross-Twerker

Huffington Post: What Miley Cyrus did was Disgusting — But Not for the Reasons You Think

Washington Post: Miley Cyrus and the Issues of Slut-Shaming and Racial Condescension

New Republic: Miley’s Twerking wasn’t Racist

Jezebel: Yes, All Lives Matter. Now Shut Up About It

Georgia Political Review: ‘I Am Not Trayvon Martin’: Dismantling White Privilege in Activism

CBS Los Angeles: Things Heat Up as Pro-Police Demonstrators Hold ‘All Lives Matter’ Rally

WRAL: Raleigh Police Chief: Black, Blue, All Lives Matter

Jennifer Polish
Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

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Over 100 New Jersey Drivers Ticketed for Ignoring Donald Duck at Crosswalk https://legacy.lawstreetmedia.com/blogs/over-100-new-jersey-drivers-ticketed-ignoring-donald-duck-crosswalk/ https://legacy.lawstreetmedia.com/blogs/over-100-new-jersey-drivers-ticketed-ignoring-donald-duck-crosswalk/#comments Thu, 13 Nov 2014 18:15:57 +0000 http://lawstreetmedia.wpengine.com/?p=28621

If you don't want a ticket, yield for pedestrians, even those dressed as giant ducks.

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Image courtesy of [JD Hancock via Flickr]

If it looks like a duck, walks like a duck, and quacks like a duck, it must be an undercover cop. At least, that was the case in New Jersey on Halloween this year.

If you see a duck stepping up and down from the sidewalk at a crosswalk, and not just any duck, but an adult-size cartoon Donald Duck, would you stop to let it walk across the street? Or would you keep going because you assume, “Hey! This is New Jersey, and that is probably a crazy man in there!”

Courtesy of Giphy.

Courtesy of Giphy.

Well, the answer to this question could be a matter of life and death. Well, okay, maybe not that–though it could be for the duck–but the answer very well could be the difference between getting a ticket or not.

Fort Lee New Jersey has a problem with people hitting pedestrians, and the town has an unusual way of fighting it. It sends out an undercover cop, sometimes dressed as a duck, to see who stops when he tries to cross the road–and I could make the really obvious joke here, but I will refrain.

Courtesy of Giphy.

Courtesy of Giphy.

On Halloween, several people (and by several, I mean more than 100 New Jersey drivers) got ticketed for failing to yield to this silly goose–I mean, silly duck. One of these individuals was Karen Haigh, who was not happy when she found out she was “getting a ticket for not stopping for a duck.” She claimed, though, that–because she thought he was crazy–she was afraid to stop for him and that she, and probably everybody else, would have stopped if he had been a regular guy since it is only crazy ducks that scare her.

She was probably scared because she thought if a 6’2” Disney duck were to decide to break into her car in the middle of the street, it would not draw a lot of attention from other passersby and drivers. It also would be done quickly since I am sure the duck costume is designed with easy car entry and exit built right into it. So since a giant duck could discreetly and easily break into your car in broad day light under a traffic light with a camera, it would probably be the perfect … decoy (get it? A decoy, as in an artificial bird used to entice game into a trap, as paraphrased from the free dictionary) … costume in which to become a criminal. I understand her fear.

She claims she is going to get her ducks in a row so she can fight the ticket (which costs $230 and two points on your license) in court, but what is the point? Those annoying judges will probably say something dumb along the lines of, “It’s the law to yield for pedestrians in costume or not, crazy or not.”

As Fort Lee Police Chief Keith Bendul said, “When you see a pedestrian, child, adult or duck, stop.” That seems like very good advice to me. He also said that last year, 62 pedestrians were struck in the town, down to 40 this year, and with a goal of zero in the future. So, I cannot really make fun of that, but I do have something I want to say: why does it have to be a giant duck? Couldn’t the officer have gone undercover as a superhero, a pirate, or, I don’t know, a regular dude? Dressing as a giant bird just makes him a sitting walking duck for all the avian jokes that follow.

No matter the outcome, one thing this story proves is this: nothing good comes from driving in New Jersey.

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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Just in Time for Halloween: What Are Americans’ Top Fears? https://legacy.lawstreetmedia.com/news/just-time-halloween-americans-top-fears/ https://legacy.lawstreetmedia.com/news/just-time-halloween-americans-top-fears/#respond Fri, 31 Oct 2014 14:40:13 +0000 http://lawstreetmedia.wpengine.com/?p=27534

Chapman University has conducted a study to tell us, and the results may surprise you.

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Image courtesy of [Michael via Flickr]

What scares you the most? That’s the question that Chapman University decided to ask America in a recently released study called the “Chapman Survey on American Fears.” In the study, researchers surveyed 1,500 Americans from different walks of life in order to create a strong representative sample. They split the types of fears into four categories: personal fears, crime, natural disasters, and fear factors. They were able to determine the most pressing concerns in each of the categories, as well as overall. Based on this study, Chapman University was able to come up with the five most common fears in the United States:

  • Walking alone at night
  • Becoming the victim of identity theft
  • Safety on the internet
  • Being the victim of a mass/random shooting
  • Public speaking

The top five worries/concerns in the United States were:

  • Having identity stolen on the Internet
  • Corporate surveillance of Internet activity
  • Running out of money in the future
  • Government surveillance of Internet activity
  • Becoming ill/sick

The survey also polled people about what kind of natural disasters they would find the most frightening. Tornado/hurricane, earthquake, flood, pandemic, and power outage ranked the highest on the survey. Despite that fact, the survey found that very few people have any sort of emergency preparedness plan in place.

Overall impressions of crime in the United States were also taken into account by Chapman University, and they were very interesting. The fears and concerns really don’t make that much sense. For example, the study discovered that most Americans think that crime rates are going up, and that’s not really the case. As one of the study’s co-authors, Dr. Edward Day, put it:

What we found when we asked a series of questions pertaining to fears of various crimes is that a majority of Americans not only fear crimes such as child abduction, gang violence, sexual assaults, and others; but they also believe these crimes (and others have increased over the past 20 years. When we looked at statistical data from police and FBI records, it showed crime has actually decreased in America in the past 20 years.

There’s really not that much logic to a lot of what people are now fearing if you look at it objectively. Public speaking is uncomfortable for many, but will probably not be life-altering. And while mass shootings are, of course, terrifying, they’re still statistically unlikely. The overwhelming feeling I get from this list is that people are scared of the unknown, and they’re scared of crimes that have been sensationalized. If you really think about things that are dangerous and should incite fear — car accidents, cancer, and obesity — they’re almost so ubiquitous that they don’t get coverage.

That would certainly make sense, given the way that people are panicking about Ebola to the point of failing to employ any sort of logic, or ISIS, or any other issue that never fails to get the talking heads on cable news flailing their arms. While there’s nothing wrong or flat-out incorrect about the concerns that people have, it is an interesting look at how susceptible we are to incensed media coverage.

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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Court of 1000 Corpses: 8 Times Halloween Horrors Were Real https://legacy.lawstreetmedia.com/blogs/weird-news-blog/court-1000-corpses-8-times-halloween-horrors-real/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/court-1000-corpses-8-times-halloween-horrors-real/#comments Thu, 30 Oct 2014 10:34:49 +0000 http://lawstreetmedia.wpengine.com/?p=27532

You think Halloween is scary? What about these stories?

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Image courtesy of [Pedro Vizini via Flickr]

Tomorrow is Halloween. It is the time of year when black cats and haunted houses start popping up all over the place, terrifying young children and adults alike. Do not let these fake terrors alarm you: Halloween is not any scarier than any other day of the year. This isn’t because ghosts, demons, and zombies do not exist, though, but rather because they are real – and they can pop up any day of the year. That’s right – you should never stop fearing!

So you don’t believe me, skeptic? Then let me tell you stories about eight “mythical” creatures and how they ended up in courtrooms around the world.

Fright Right: Vampire

Courtesy of Tumblr.

Courtesy of Tumblr.

Courtney Royal, aka Vampish (sic) Black Sheep League of Doom Gardamun Family Circle Master Vampire High Priest (as he is known on court documents), is not pleased with a Texas jail that is refusing to accommodate his religion: Vampirism. Vampire High Priest is serving a lifetime sentence (which, since vampires are part of the undead, means he should technically already be free but let’s just ignore that for now) so it is extra important he is granted the right to be a vampire. After all, he needs blood to survive.

Since vampires are not a recognized religion in Texas prisons, Vampire High Priest had to file a suit for religious accommodation and $150,000 for pain and suffering. He might have to take a bite of a couple of fellow inmates for that blood supply, though, because his case was dismissed as frivolous (disclaimer: I am in no way suggesting he should bite his fellow inmates. Cannibalism is never the answer).

P.S., this was my favorite vampire case, but it was nowhere near the only vampire case. This is apparently a pretty thriving practice.

Para-aroma Activity: Demons

Courtesy of Giphy.

Courtesy of Giphy.

A house full of prank-loving demons would be bad on its own. But then you add in the fact that they are apparently very flatulent demons and all of a sudden it’s like you are stuck forever with the world’s worst roommates. (By the way, “fart demons,” as they are called, are now my favorite type of demons – to write about – they do not seem like something I would enjoy seeing…or rather smelling.)

A Romanian man, Madalin Ciculescu, sued a church, four priests, and a bishop because they did not exorcise his house of the odorous, trickster demons – though they told him they did. Ciculescu asked the men of the cloth to come in to his house after his TV kept switching off and on, a possessed hair dryer had a black shadow come out whenever it was turned on, and truly horrendous foul smells were all around the house (without even a “My bad,” to make the offense less rude).

The church claimed in court that it had properly exorcised the house and anything he saw or heard (or smelled) after (that word feels important to me) the exorcism were products of his imagination – or maybe just an elaborate way to get out of saying excuse me. The court agreed.

Hoax Story: Ghost

Courtesy of Giphy.

Courtesy of Giphy.

I could tell you about the guy who was fined in Portsmouth for standing in a graveyard and pretending to be a ghost by flapping his arms and saying “wooooh,” but that would be too easy. So instead, I am going to scare you with the “Tale of the Ghost Employees.”

Erwin Zambrano Moya is suing the Subway sandwich shop franchisee for whom he worked for employing ghost workers. Now, before you say Moya is a crazy person, let me state this up front: Moya is not the person who is crazy in this story. That honor belongs to his boss who circumvented paying overtime by paying a worker for up to 40 hours and then paying any other hours they worked to a “ghost” employee on the payroll who happened to have the same bank account or mailing address.  Both Moya and “Ever Ventura” (among others) got paychecks for hours Moya worked. After a couple of years of this, Moya and Ventura (who was probably paying taxes but was never actually receiving a paycheck) got fed up and Moya took it upon himself, his ghosts, his coworkers, and his coworkers’ ghosts to start a class action lawsuit in civil court. I have an eerie feeling he just might win.

Attack of the Religious Tomatoes: Monster

Courtesy of Giphy.

Courtesy of Giphy.

I’ve got to tell you. Prison is just no place for people with non-mainstream “religions.” If I didn’t convince you of this with the vampire case, maybe this one will do it. It is a cruel world when inmates cannot practice their constitutional-given right to be a Rastafarian from behind jail bars. Oh, wait. They can. My mistake; that was a typo. Let me try again: it is a cruel world when inmates cannot practice their constitutional-given right to be a Pastafarian from behind jail bars.

What, you ask, is Pastafarianism? Well, it is the self-proclaimed parody religion that claims the Spaghetti Monster created the world and that pirates were its early followers. The Oregon man who created the religion as a protest to teaching intelligent design in schools (demanding his faith in the monster be taught in school with the other religions) claims to have touched the lives of millions with his “noodly appendage.”

You can recognize a Pastafarian from the colander they wear on their head. Unless, of course, they are in the Nebraska State Penitentiary for attempted assault after chasing a couple with a hatchet. In that case, they might find out that the prison system discriminates against them for trying to live a humble life and follow the teaching of the Spaghetti Monster – saying they do not accommodate satirical religions. They might then have their colander taken away from them. Then they might sue for $5 million. Just ask Stephen Cavanaugh. Because everything I just said is true about him.

QuIT: Clowns (and not even the California machete wielding ones)

Courtesy of Giphy.

Courtesy of Giphy.

When you enter a haunted house, you expect to be assaulted. In fact, you most likely paid for that very thrill. However, I am willing to bet that when you signed up for the affront, you did not mean to allow clowns with sex toys to be the ones that did it.

If you attended the Massacre Haunted House in Illinois this year, though, you might have been out of luck in the ‘not being harassed by perverted clowns’ department. This is the case with Regina Janito, her 17-year-old daughter, and three other minors. When they got into the parking lot of the haunted house, they were met by two male clowns holding sex toys; one of whom allegedly poked the 17-year-old with the toy and made lewd comments, while the other supposedly mimed sex acts with the toy. It may not surprise you to learn that Janito has decided to sue.

In my opinion, there is not much scarier than creepy clowns, but sexual-deviant, creepy clowns are one of the few things that make the cut. I feel for you, Janito.

Little Sicky: Satan

Courtesy of Giphy.

Courtesy of Giphy.

Caius Veiovis, a Satanist and vampire (what did I tell you about these vampires) in Massachusetts with horn implants, green bones tattooed on his fingers, and 666 etched into his forehead, was recently sentenced to three consecutive life sentences for the kidnapping, murder, and dismemberment of three men. Upon hearing the verdict, he told the members of the jury that he would see them all in hell. So, have fun with that, his fellow inmates.

Plight of the Living Dead: Zombie

Courtesy of Giphy.

Courtesy of Giphy.

Donald Miller Jr. found out something interesting about himself in court last year: he is not one of the living. Miller died in 1994, but years later he returned from the unknown. Which is more than three years after he died, and three years is the statute of limitation for resurrections; thus, he is not alive; however, he is also clearly not dead. So, the only other option is that he is one of the undead. In other words, he must be a zombie.

Confused? Let me give you some more information. In the 1980s, Miller, an alcoholic, disappeared. In 1994, he was declared dead by a court and his ex-wife began to collect his social security benefits for herself and their two children. Then, one day out of the blue, Miller showed up and asked the court for his social security number and license back. He basically said, “Sorry. Didn’t realize this would be a big deal, but I lost my job, owed a lot of money, and thought it would be best to disappear for a while. But I’m back, so everything is cool. Just declare me living again, please.”

This was not as easy as one might think, though. First, the ex-wife said she couldn’t repay the social security benefits she had been receiving, and then the court said it didn’t really matter if she could pay because a death ruling cannot be overturned after three years. Actual quote from the judge: “I don’t know where that leaves [Miller], but [he’s] still deceased as far as the law is concerned.”

Watch out Ohio, the walking dead is in your midst.

The Unfair Witch Project: Witches

Courtesy of Tumblr.

Courtesy of Tumblr.

Helen Ukpadio, aka Lady Apostle, is threatening to sue for defamation. And really, I cannot blame her. You see, the British Humanist Association and the Witchcraft and Human Rights Information Network made complaints that she was claiming children who cry or get sick at night are Satan possessed. These claims were part of documents that led to her being barred from the UK. However, the problem is Apostle has never once claimed this. It is an absolutely ludicrous claim intended to make her look bad. She does not believe that Satan is possessing children. She believes black, red, and vampire (there is that word again…) witchcraft spirits are possessing children and making them cry. Way different!

Apostle is a former witch herself, so she ought to be able to recognize witches. However, she is probably not as much of a Satan expert, so she would not presume to recognize his possessions. If she sues, she claims it will be for half a million pounds (about $806,000).


So, you see? When you are walking around this Halloween and you see a frightening costume, you don’t have to be scared. It is the monster lurking underneath the costume that might come after you. Good luck! Bwahahahaha…

Courtesy of Giphy.

Courtesy of Giphy.

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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5 Things Not To Do This Halloween If You’re a Decent Human https://legacy.lawstreetmedia.com/blogs/culture-blog/5-things-halloween-youre-decent-human/ https://legacy.lawstreetmedia.com/blogs/culture-blog/5-things-halloween-youre-decent-human/#comments Thu, 30 Oct 2014 10:32:19 +0000 http://lawstreetmedia.wpengine.com/?p=27478

Check out these 5 things not to do this Halloween if you're even a remotely decent human being. Julianne Hough we're looking at you.

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Image courtesy of [William Warby via Flickr]

Hey there folks! Are you pumped for tomorrow?

You should be, because it’s HALLOWEEN! Also known as the spookiest and most fun holiday of the year.

 

halloween dance

Why am I such a big fan of Halloween, you may ask? Considering it’s a super commercialistic, capitalism-run-amok type of holiday, that’s a great question.

And the answer is threefold.

First, I was fairly obsessed with witches growing up—I was very disappointed when, at 16, I didn’t inherit any magical powers a la “Sabrina and the Teenage Witch”—and so I’m a big fan of the holiday’s spooky pagan roots. As the legend goes, Halloween is the day of the year when the veil between the world of the living and the dead is at its thinnest. Call me morbid and weird, but I think that’s pretty cool.

Second—CANDY. Obviously. I’m very excited for gigantic bags of chocolate to go on mega-sale come November 1st. No shame in my game.

And third—costumes! Dressing up as someone who you’re not can be really fun and empowering. Not to mention, this is literally the easiest holiday to pick up that hottie you’ve been eyeing at the bar. Costumes make for bountiful conversation starters. Go forth and get laid, dear readers!

 

tip_over-1318537025

This is obviously the best way to do that.

 

So, on the subject of costumes—we’ve seen some real doozies the past few years. We’re looking at you, 2013 Julianne Hough. And I’m here to make sure that you don’t make the same mistakes.

So, if you want to have an awesome time this Halloween while simultaneously not offending people or repelling that barroom hottie, here are five things NOT to do.

 1.) Don’t make a joke about anyone’s death.

Courtesy of Brandsonsale.com.

Courtesy of Brandsonsale.com.

Last year, the joke was on Trayvon Martin. This year, it’s this dumbass hazmat costume—which, come on people—genuinely doesn’t even make sense. Your whole body is exposed. This costume protects no one from infectious disease.

Anyway! Trayvon Martin isn’t a joke, he’s a kid who met a violent and unjust death. And Ebola victims are also not jokes. They’re real people with families and lives, who are suffering and dying as a result of a terrible disease.

So please, when choosing your costume, pick one that’s not poking fun at any kind of situation where people are dying.

Unless you’re dressing up as a zombie, in which case, carry on.

2.) Don’t wear blackface.

 

For the love of God, please, oh please, do not wear blackface. DO NOT DO IT. No matter how good of an idea it seems to be, no matter how tempted you are.

Blackface is always offensive. It is never OK. So just cross it right off your list of costume possibilities.

Seriously. Cross it off now and never consider it ever again.

3.) While we’re talking about blackface, just stay away from cultural appropriation in general, mmkay?

 

katy perry

Not sure what cultural appropriation means? Here’s a nifty guide that’ll make it crystal clear for you. But basically, here’s the gist:

If you’re a white person who’s planning to dress up as a sexy geisha, a sexy Arab belly dancer, or anything else that is racially based, you need to rethink your costume choice.

Racism is deeply ingrained in American culture, and you don’t need to be a racist douchecanoe to perpetuate racial stereotypes with your costume choice. Garb that doesn’t read as “white” is understood to be funny, farcical, or exotic—all things that make for perfect costumes—and when you wear a race-based costume, you’re perpetuating stereotypes that label an entire culture as exoticized and other.

Still not convinced? Think of it this way—if a black person dressed up in some American Apparel and Ugg boots, would that pass as a “white girl” costume? My guess is no. Those would just be clothes, and that’s because whiteness is (wrongly) assumed to be the normal, default setting.

AKA, not a costume.

The fact that other cultures can be costumized when whiteness can’t be is, in itself, a perfect illustration of how deeply ingrained racism is in our society.

So just don’t dress up as any other race or culture to which you don’t belong, mmkay? Let’s all do our part to be actively anti-racist.

 4.) Don’t be a slut-shamer.

 

Regina-George-Mean-Girls-Halloween-GIF

While you’re out partying this Halloween, you’ll notice that some women will be dressed in provocative costumes. Not all of them, mind you—but some of these women are going to look really fucking sexy.

They have every right to look that way, and have (hopefully) chosen to do so not for your benefit, but because it’s fun and makes them feel good.

I will be the first to admit that I’ll be dressing as a sexy witch this Halloween, and I’m going to have a damn good time doing it. But that doesn’t mean that anyone is entitled to my body, or to shame me for choosing to put it on display.

So, while respectful flirting is encouraged—as long as consent has been given—do not slut-shame, harass, or assault any women this Halloween. Or ever, while we’re at it. But sexy costumes are not an invitation.

5.) Last but not least, don’t be an asshole.

dog

We all tend to be a bit less inhibited when in costume. You can be the craziest of crazy people behind the safety of your dinosaur mask, because no one will recognize or judge you.

But, the thing is, our actions still have consequences. So, please use your costumed bravery responsibly. The people you just screamed at in the middle of the street—because WGAF on Halloween, right guys!?—might be genuinely upset. The person you just creepily hit on might be super freaked out.

So don’t be a jerk, OK folks? We’re all real people beneath our costumes. Let’s treat each other accordingly.

So, who’s ready for Halloween? I am! Get out there and have some safe, respectful, non-racist fun.

And by that I mean, party your asses off.

 

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Hershey’s Settles Trademark Suit With Hashees Marijuana Edibles Maker https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hersheys-settles-trademark-suit-with-hasheesmarijuana-edibles-maker/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hersheys-settles-trademark-suit-with-hasheesmarijuana-edibles-maker/#comments Wed, 15 Oct 2014 10:30:34 +0000 http://lawstreetmedia.wpengine.com/?p=26563

The Hershey Company has settled a lawsuit and simultaneously protected millions of little children across the country from becoming future cannabis users. The maker of the legendary chocolate Kiss, Peppermint Patty, and (my personal favorite) Reese’s Peanut Butter Cup settled a suit against marijuana candy manufacturer TinctureBelle LLC. Filed this summer, the suit was in response to TinctureBelle’s "medicated gourmet edibles," many of which boast names allegedly mimicking those of the Hershey Company's treats.

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The Hershey Company has settled a lawsuit and simultaneously protected millions of little children across the country from becoming future cannabis users.

The maker of the legendary chocolate Kiss, Peppermint Patty, and (my personal favorite) Reese’s Peanut Butter Cup settled a suit against marijuana candy manufacturer TinctureBelle LLC. Filed this summer, the suit was in response to TinctureBelle’s “medicated gourmet edibles,” many of which boast names allegedly mimicking those of the Hershey Company’s treats.

TinctureBelle is clever, I’ll give them that. Some of its product names included “Hashees,” “Ganga Joy,” and “Hashheath.” Who doesn’t enjoy a good pun? Well, Hershey. The Pennsylvania-based company wasn’t laughing when it sued the Colorado-based company for trademark infringement.

The purpose of a trademark is to avoid confusion among consumers between two products. Hershey argued that similarities in product names would do just that and expressed concern over maintaining their wholesome reputation as a company whose biggest fans are children.

“The Hershey Company’s trademarks are iconic and among our company’s most important assets,” explained Hershey’s spokesman Jeff Beckman. “They are recognized by consumers around the world, and our company has spent as many as 120 years building the trust and equity in these iconic brands. Consumers depend on our brand names to represent a level of quality and dependability. These entities have used Hershey’s trademarks, without authorization, to trade on Hershey’s goodwill and reputation, and to draw greater attention to their products; these unauthorized uses of Hershey’s trademarks also make the products more appealing to children.”

TinctureBelle must now refrain from using names that infringe on Hershey products. According to the Denver Business Journal, this includes the destruction of “all remaining specimens of each product, including without limitation cartons, containers, packaging, wrappers, labels, displays and any other material.”

TinctureBelle owner Char Mayes released a statement asserting that “the lawsuit from Hershey came as a huge surprise to us, because we changed our entire label line approximately six months ago, long before these allegations surfaced.”

With one Google search of TinctureBelle’s products, you will find that the packaging does resemble that of Hershey’s delicious treats. It’s pretty obvious.

TinctureBelle now begins the walk of shame with this settlement. It has agreed to disable an Internet site that had been designed to raise money for the legal battle against Hershey. It promised not to register trademark for the names involved in the suit and will have to pay $25,000 per trademark breach of the settlement going forward.

It seems as though Hershey’s legal department is actually quite busy lately. TinctureBelle isn’t the only company in its path of legal destruction. In June it filed a suit against Conscious Care Cooperative over a similar marijuana-based candy issue. And in September, the Hershey Company filed a lawsuit against LBB Imports LCC over trademark infringement of foreign candy.

Meanwhile, Hershey is playing defense against Mars, which accused the candy company of copying its red-colored packaging.

October’s Halloween holiday can mean many things — spookiness and fear, high candy sales, and now salty executives caught up in some sweet trademark hell.

Alexandra Badalamenti (@AlexBadalamenti) is a Jersey girl and soon-to-be graduate of Fordham University in Lincoln Center. She plans to enroll in law school next year to study Entertainment Law. On any given day, you’ll find her with big blonde hair, high heels, tall Nashville dreams, and holding a newspaper or venti latte.

Featured image courtesy of [slgckgc via Flikr]

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Is Cultural Appropriation in Fashion Ever Okay? https://legacy.lawstreetmedia.com/blogs/cultural-appropriation-fashion-ever-okay/ https://legacy.lawstreetmedia.com/blogs/cultural-appropriation-fashion-ever-okay/#comments Thu, 02 Oct 2014 10:32:44 +0000 http://lawstreetmedia.wpengine.com/?p=25903

As a “melting pot,” Americans observe and consume different aspects of various cultures every day. In Western culture, it has become the norm to borrow foods, traditions, and clothing from other racial and ethnic groups as we please. But when exactly does taking inspiration from other cultures’ ways of dressing cross the line into cultural appropriation?

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As a “melting pot,” Americans observe and consume different aspects of various cultures every day. In Western culture, it has become the norm to borrow foods, traditions, and clothing from other racial and ethnic groups as we please. But when exactly does taking inspiration from other cultures’ ways of dressing cross the line into cultural appropriation?

Cultural appropriation by definition is “the taking over of creative or artistic forms, themes, or practices by one cultural group from another.” From Pharell’s Elle UK cover, to Katy Perry’s music videos, the fashion and entertainment industries always seem to cause an uproar every time someone wears a Native American headdress or Indian bindi. But is it possible to ever rock a turban or fringe without offending anyone?

The answer to that question is complicated, especially when it comes to those cultures that have been historically repressed by others. Native Americans seem to be the biggest issue with the ubiquitous use of headdresses everywhere from the runway to music festivals like Coachella. There’s no doubt that white people have done horrible things throughout history to exploit Native Americans, so I understand why they would be terribly offended when they see people from outside of their culture wearing full-on headdresses.

However, there are some styles that have become so ingrained into the Western way of dress that people may wear them without even realizing that they might be offending someone. Moccasins, for example, have become a staple shoe option in the West. And why wouldn’t they? They’re comfortable and go with almost anything. And what about driving moccasins? Should we stop using such a practical innovation in footwear just because our forefathers stole the idea hundreds of years ago?

So what determines what styles belong to a certain culture anyway? One culture that seems to have a lot of gray areas is that of African Americans. One of the most sensitive areas in African American culture is the representation of their hair. And just because a person is a minority doesn’t mean that they are free to wear whatever they want without considering other subcultures. Dreadlocks, for example, have religious associations that might make it inappropriate for some African Americans to wear. 

African Americans in general have taken on certain kinds hairstyles to be considered as their own, such as cornrows and baby hairs. As a white Hispanic girl with curly hair, sometimes I find it difficult to tell if I’m “allowed” to get in on the natural hair movement that many mixed-race women and women of color have been embracing lately. Some mixed-raced Latinas may be able to get away with sporting cornrows, but as someone who appears to be a white woman of Anglo-Saxon descent it’s difficult to see where I fall. Am I supposed to walk around with a sign that says “I am Cuban-American. My ancestors did not enslave your ancestors”?

Granted there are times when celebrities completely disregard a culture’s background and simply wear certain styles because they think it’s cool or sexy. Katy Perry, Lady Gaga, and Rihanna come tend to come to mind as examples. Perry’s “Dark Horse” video is just a bunch of random cultural messages slapped together without even trying to make a statement or anything of artistic substance.

A lyric in Lady Gaga’s song “Aura” reads verbatim “she wear burqa for fashion.” So not only is she trying to make light of a garment that women are forced to wear in some parts of the Middle East, she uses incorrect grammar to imitate a foreign accent. Not cool.

Yeah…not really sure what’s going on here.

And let’s not forget the time Rihanna came under fire for trying to look sexy in traditional clothing in Abu Dhabi.

While I’m not sure if we can always dress without appropriating any cultures whatsoever, there are few instances where it is a big no-no. With Halloween coming up, try to be conscious about what kind of costumes you choose to wear. For example the sexy version of any kind of ethnic-wear is probably not the most politically correct thing to wear. Most importantly, this holiday should be about having fun, so think about how un-fun it would be to feel like your own cultural identity is under attack.

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 image courtesy of [Chris Beckett 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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You Can Thank This Patent For Your Best Halloween Memories https://legacy.lawstreetmedia.com/blogs/ip-copyright/patent-best-halloween-memories/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/patent-best-halloween-memories/#comments Wed, 17 Sep 2014 16:23:02 +0000 http://lawstreetmedia.wpengine.com/?p=24795

In honor of fall, here is a profile of the most amusing Halloween patent that was ever filed.

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Image courtesy of [Teo via Flickr]

Fall is officially here. The weather is changing, sweaters are back, and the infamous Pumpkin Spice Latte is in the hands of every bubbly blonde girl on the East Coast. So, in honor of this exciting time, here is a profile of the most amusing Halloween patent that was ever filed with the US Patent & Trademark Office.

First, let me set the scene and take you back to your Trick-or-Treating days. Super excited about your cheap, plastic costume, you traveled door to door in your neighborhood hoping not to get those lame pumpkin-shaped pretzels and, instead, eyeing up some Jumbo Reese’s. As you got older, you ditched the candy and scoped out all the spooky festivities in your town. If you’re a boy and you were lucky, your crush got so scared on that haunted trail that she ran right into your skinny, prepubescent arms.

For a serendipitous moment like that one, you have patents like this one to thank.

The ‘Haunting Aid’ (Patent #: US 6776687) is an invention designed specifically for haunting purposes. Filed October 11, 2002, the device uses LED lights and comes together to form a face with glowing eyes that will stare and blink right back at you. It seems pretty simple until you read the patent and realize that the creator of this gadget takes his Halloween haunting to a whole other level.

Inventor Frank Becking, hailing from California, writes, “This relates to components for spooky entertainment, particularly those suited for haunting mortals, for example, on hallows eve” and “may even be useful in producing mass-hysteria.” He’s quite the economic thinker as well, citing that the “main cost to consumers comes in terms of lost sleep.”

Becking even slips some formal Halloween theory into the mix, exploring why “for some reason, red eyes make werewolves howl, while green eyes make ghosts positively haunting.” He also admits that the lighted eyes in his invention are an “effort to produce a macabre appearance.”

Although the inspiration for this patent is not apparent, the nature of the text serves as a reminder of two things:

You are never too old for Halloween and yes, patent law can actually be fun.

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It Gets Worse: Clifford Chance Gives Style Tips to Its Lady Lawyers https://legacy.lawstreetmedia.com/blogs/culture-blog/go-toilet-paper-clifford-chances-office-this-halloween-please/ https://legacy.lawstreetmedia.com/blogs/culture-blog/go-toilet-paper-clifford-chances-office-this-halloween-please/#comments Sun, 03 Nov 2013 22:22:28 +0000 http://lawstreetmedia.wpengine.com/?p=6903

Lovelies, Halloween is upon us. Yay! If you’re a hippy dippy, wannabe Pagan goddess like me, you’re super pumped for the veil between the living and the dead to be at its thinnest — heightening the potential spiritual connectedness across different planes of being. OR. If you’re just an awesome, stressed out person who’s working […]

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Lovelies, Halloween is upon us. Yay! If you’re a hippy dippy, wannabe Pagan goddess like me, you’re super pumped for the veil between the living and the dead to be at its thinnest — heightening the potential spiritual connectedness across different planes of being.

OR. If you’re just an awesome, stressed out person who’s working hard and looking for an excuse to party hard on a Thursday night, you’re probably equally as excited.

Because Halloween is arguably the best party night of the year. Why? Because it’s the one night of the year that everyone can wear the most fabulous costumes EVER. Dressing up as someone other than yourself means you can let loose, free your inhibitions, and revel in the freedom of character playing for a little while. AKA — partying on a Thursday night just got a zillion times better.

Just make sure that your costume isn’t a racist abomination to humanity, OK? Here are some tips to make sure your costume is fun and also not offensive.

Sheesh, I love Franchesca Ramsey, don’t you? I’d let her tell me what to wear any day.

But unfortunately, this week, Chesca’s not the only person who’s doling out fashion advice. Clifford Chance, a gigantic, international law firm, recently distributed a memo titled, “Presentation Tips for Women.” Cue barfs all around.

Seriously though. This memo makes me want to march right over to Clifford Chance’s New York office, roll up a stack of the memos, and beat its author over the head with my new paper weapon. Ya know, like how your mom used to smack your dog on the butt with last month’s copy of Food & Wine for peeing on your kitchen floor again? (Was it just my mom who did that? Moving on.)

anyway

Anyway! This memo had a bunch of super handy tips for its vagina-laden employees. Among them were gems like, “Stand up,” “Don’t wave your arms,” “Practice hard words,” don’t giggle, squirm, or pepper your sentences with awkward interludes of “um,” “uh,” “like,” and “OK.”

Because every presentation I’ve ever seen delivered by a woman involved her sitting on the floor, flailing her arms about, while stuttering over multi-syllabic words. Honestly.

This is how women give presentations never.

This is how women give presentations never.

And it just gets worse. Clifford Chance went on to advise its lady lawyers not to “dress like a mortician,” to choose business suits over nightclub attire, not to show any cleavage, and to keep your knees together, so no one can see your hoo-ha up that skirt.

Again, because every woman I’ve seen giving a presentation shows up looking like Morticia Adams in a push-up bra, flashing her party-favor panties for the entire audience to see.

The last, and possibly most ridiculous, piece of advice in this infuriating memo, was to advise the women of Clifford Chance to “Think Lauren Bacall, not Marilyn Monroe.”

I can’t. I can’t even. There’s just so much here.

Let’s start by remembering that we’re talking about LAWYERS here. Women who graduated from law school. And managed to pass the Bar Exam. And survive the undoubtedly rigorous interview process to get hired at Clifford Chance in the first place.

Something tells me these are women who know how to get dressed in the morning, am I right?

Something also tells me that these are women with fairly advanced literacy skills. Like, I’m sure they can read and write pretty damn well. Once again, they graduated from LAW SCHOOL. So, advising them to “practice hard words” before a presentation is a bit like asking a professional writer to practice stringing sentences together with some Hooked on Phonics.

Chelsea Handler knows what's up.

Chelsea Handler knows what’s up.

And this crap about cleavage? I’m sorry, are breasts not work appropriate attire? No? OK then, I’ll just take them off and leave them at home, along with my detachable Kim Kardashian hair extensions and stick-on nails.

Seriously, this practice of regulating and shaming women’s bodies through a dress code has got to stop. A garment that exposes cleavage on one woman might by full-coverage for the next. What we’re talking about here isn’t clothing, it’s bodies, and which ones are and are not professionally acceptable.

Because this memo isn’t advising against certain necklines — in this case, specifically low-cut ones. It’s not worried about what kind of dress or top you’re wearing. Instead, it’s worried about how you’re filling it out. And that’s bullshit. Boobs are boobs, they’re not going anywhere, and they take up physical space beneath your clothing.

And if you’ve got human cranium-sized ones, like I do, they are consistently challenging to clothe and carry around. I spend more than enough time and money trying to figure out how to keep my boobs acceptably covered up without having to worry about my boss writing a memo about how distracting and unprofessional they are. So to the memo-writing busybodies of Clifford Chance, I advise you to get over it, and let your boob-bearing lawyers do their jobs in peace.

get over yourself

Finally, this crap about Lauren Bacall versus Marilyn Monroe? I actually feel like I’m watching the rivalry between Vivian Kensington and Elle Woods play out on Legally Blonde. This shit is ridiculous.

Elle Woods is outraged.

Elle Woods is outraged.

Not only is this comparison completely silly — we’re talking about unattainably beautiful movie stars from over half a century ago here, and neither of them exactly dressed in law firm-friendly business suits — but it’s also implicitly racist.

Clifford Chance’s ideal woman is inescapably white. If the firm expects its women to emulate Lauren Bacall — a stupid, objectifying expectation to begin with — what are its lawyers of color supposed to do? Bleach their skin and straighten their hair? What about its lady lawyers who are queer and don’t present their gender as feminine? (On second thought, those women probably just don’t get hired.)

The point is, Clifford Chance’s “Presentation Tips for Women” aren’t just sexist, they’re racist, heteronormative, objectifying, and condescending to boot. And sadly, they aren’t atypical of the corporate culture of many white-collar workplaces. Clifford Chance just had the gall to put it into writing.

So this Halloween, maybe dress up as a Clifford Chance lawyer who’s breaking all the rules. Or, just go toilet paper their office. Either way.

Featured image courtesy of [Wikipedia]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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