Harvard Negotiation Law Review

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Archives for October 2014

Exploring Identity at Harvard Law

“Never forget what you are, for surely the world will not. Make it your strength. Then it can never be your weakness. Armour yourself in it, and it will never be used to hurt you.” 
― George R.R. Martin, A Game of Thrones

Executive Editor for HNLR Online, Yaseen Eldik, and Victoria Abraham introduce the Special Edition HNLR Identity Series.                                      
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Painting by Anne-Valerie Prosper

The first year of study at Harvard Law School has been portrayed in different ways ranging from the comical Legally Blonde to the less cheery Paper Chase. Despite their obvious reflection of artistic interpretation, what they generally communicate is that law school is a process of identity transformation where a law student learns not only how to think like a lawyer, and be a lawyer, but also gains a deeper understanding of who they are. In the midst of this transition, the individual experiences of students can be overlooked. In the spring of 2014 (our 1L year), we proposed collaboration with the Harvard Negotiation Law Review to produce an essay competition that asked first year Harvard Law students to describe their transition to law school. It was titled the “Negotiating My 1L Identity Competition.” Of the essays that we received, two were selected for publication: “The Interminable Search for Gold Stars,” written by Ariel Eckblad, and “IL as a Gemini,” written by Deanna Parrish. These essays fantastically and honestly capture the experiences of these two students as they adjusted to law school. While these pieces reflect their individual interactions with their peers at Harvard Law, we found their overall narratives captivating in their insightful ability to capture what 1L can feel like generally.

Anne-Valerie Prosper, a 2014 graduate of HLS, is the author of the third piece included in this series. Her essay, “The Matching Game”, elegantly portrays her overall experience as a woman of color in law school beyond the first year transition. As captured by the narratives of these three women, every human being journeys through life facing experiences that challenge their sense of self. Such challenges usually instigate a reflective process. For most students who choose to study law in the United States, the first year of law school offers space for exponential growth. 1L at HLS can be a veritable trial by fire, that melts, molds, and reshapes even the most sturdiest of students into newer, more hardened, and wiser versions of their former selves. 1L can make us lose ourselves among flames of doubt, producing fearful questions that may make us question our self-worth. We then attempt to redefine success in specific ways that often include an attachment to academic accomplishment. This is the challenge of 1L. It lies not only in learning how to manage the workload and think, read, and write like a lawyer, but also in staying true to who we are and finding personally meaningful measures of success and achievement.

While navigating 1L, it is crucial to stay focused on our personal goals and desires, while not succumbing to the self-perpetuating stress machine that whirs and hums underneath every first-year interaction like a malfunctioning fan. This negotiation of identity is crucial to becoming the kinds of lawyers, leaders, activists, citizens, and global shapers that we all strive to become. It is the unexpected gift of 1L that bonds law students in the United States no matter how different our past lives and our future paths. Harvard Law School holds a dear place in our hearts, because it is an institution that tremendously invests in the experience of its students.

We hope that law students at Harvard and across the country will use these essays as an opportunity to reflect on their own transitions to law school and realize that they are not alone in their feelings of confusion and discomfort. Much time and energy has been invested in these three pieces and their authors have been brave in sharing their intimate thoughts. We hope, if nothing else, these pieces inspire you to think more critically about who you are and who you want to be as you transition into a respectful profession whose ultimate mission is to service the needs of others. After all, if one is going to serve others they should also be sure to serve themselves.

Yaseen Eldik and Victoria Abraham are second year J.D. students at Harvard Law School.

Eyes off the Runway: How to Prevent Piracy in Fashion

By Yaseen Eldik and Megan Michaels

“I am not interested in shock tactics. I just want to make beautiful clothes.” -Oscar De La Renta

 Fashion is an ubiquitous force in daily life. What to wear—and certainly what not to—is a deliberate choice for most individuals—a choice that inevitably forms a part of one’s identity. This manner of self-expression plays an ineluctable role in how one presents oneself socially and how one is perceived by others.1 As humans subconsciously and consciously react to visual cues, they judge others based on the clothing they wear. The Oxford English Dictionary captures the ambidexterity of the word “fashion”: it is to “make, build, shape; [so] in [a] wider sense, [it includes] visible characteristics [and] appearance [which can be] said both of material and of immaterial things.”2 This definition recognizes that fashion is a form of art.”3

Why then, have fashion designs been denied the same protection under United States’ intellectual property laws that other art forms, such as painting, sculpture, and even architecture, have been granted? The most common argument is that copyright law does not extend to fashion because clothing is strictly a “useful article”4 that serves the purpose of covering and protecting one’s body, and copyright does not protect utilitarian works.5 Others argue that fashion trends are fleeting and are recycled too often in order to warrant any period of protection.6 However, these and similar arguments do not adequately address the present text of the newest legislative proposal, the Innovative Design and Protection and Piracy Prevention Act (IDPPPA).

Fashion is a critical component of the United States economy and one of the most pervasive features of American culture; and as such, every designer and consumer is affected by the implications of this debate. Therefore, the United States must amend its current statutes or propose new regulations to grant property rights to designers and legal protection to their original ideas. This article intends to present to proponents and critics of design protection, a framework for reaching an agreement. Reframing the debate can help achieve a level of consensus such that a design copyright bill, like the IDPPPA, can be passed successfully. This article will examine the current laws that provide limited rights to designers in the United States. It will then evaluate the arguments that are made against the extension of copyright law proposed in the IDPPPA. Finally, the article will demonstrate the negative effect that the lack of design right has on the American economy, contrast the domestic legal regime with the European landscape, and recommend amendments to U.S. law based on European precedent.

Continue Reading Here

*Yaseen Eldik and Megan Michaels are second year JD students at Harvard Law School.

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1The Value of Style, Psych. Today (July 1, 2005), http://www.psychologytoday.com/articles/200507/the-value-style.
2Fashion, Oxford English Dictionary, http://www.oed.com.ezp-prod1.hul.harvard.edu/view/Entry/68389?rskey=1MFaOV&result=1#eid (last visited Sept. 25 2014).
3Art is “The expression or application of creative skill and imagination, typically in a visual form such as painting, drawing, or sculpture, producing works to be appreciated primarily for their beauty or emotional power.” Art, Oxford English Dictionary, http://www.oed.com.ezp-prod1.hul.harvard.edu/view/Entry/11125?rskey=tgrlPJ&result=1&isAdvanced=false#eid (last visited Sept. 25 2014).
4Useful article is defined in 17 U.S.C.S. § 101 as one with “an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.”
5Boyds Collection v. Bearington Collection, Inc., 360 F. Supp. 2d 655, 661, (M.D. Pa. 2005).
6See Xiao, Emma Yao, Note, The New Trend, Protecting, American Fashion Designs Through National Copyright Measures, 28 Cardozo Arts & Ent. L.J. 417, 436 (2011).

 

 

About HNLR

Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic analysis.

The Harvard Negotiation Law Review works to close this gap by providing a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. It is aimed specifically at lawyers and legal scholars.

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