SWLAW Blog | Faculty Features
June 14, 2024
Faculty Accomplishments, May 2024
In May and June 2024, the Southwestern Law School faculty published impactful articles on diverse topics: the regulation of skin-lightening products, copyright and publicity rights in hip-hop, contract law abuses, U.S. foreign policy, and the pandemic's impact on special education. Read on to learn more about their significant contributions.
Andrea Freeman published a review essay with Jotwell titled Regulating Skin Lightening Products: A Delicate Balance. She recommended Colleen Campbell's article, Intersectionality Matters in Food and Drug Law, in the Equality section of Jotwell. Andrea describes Campbell’s work as focusing on the impact of the FDA's "indifference, laxness, and corporate deference" on Black women in the context of regulating skin-lightening products. She highlights the author's thoughtful approach to this complex issue and concludes that the article is "an essential read for students and scholars of race and markets."
Kevin Greene’s new article, Goodbye Copyright? The Rise of Trademark and Rights of Publicity in the Hip-Hop Music Industry, has just been published. This article, a contribution to the Chapman Law Review's twenty-seventh annual symposium, focuses on artists' right of publicity. Kevin argues that copyright law's "hostility to notions of 'remix,' including sampling," has long failed Black artists producing hip-hop works. Consequently, artists have sought compensation via branding and endorsements, relying on trademarks and publicity rights. However, he also highlights the risks of this strategy, including racial bias inherent in the trademarks and publicity rights system, and the severe obstacles faced by many artists in gaining the revenues and protections denied by copyright law.
Hila Keren published a review essay with Jotwell titled On Preventing the Abuse of Contracts. She recommended Hanoch Dagan & Catherine Fisk's article, Independent Contractors and the ABCs of Contract Law, to readers of Jotwell's Contracts section. Hila describes the article as a powerful critique of the conventional belief that labor law's wish to secure workers' rights collides with contract law's commitment to the freedom of contract. Fisk and Dagan argue that the principle of relational justice in contract law "creates alignment rather than tension between work law and contract law." Hila’s review emphasizes the potential of this claim to establish a broader legal duty to avoid the abuse of contracts against weaker parties, even outside of employment relationships.
Faisal Kutty recently published two Op-Eds.
The first, Biden is Still the Best US President Israel Could Wish For, published by Al Jazeera, critiques the Biden administration's support for Israel, particularly in the context of a recent ceasefire resolution. Faisal argues that President Biden appears eager to legitimize and encourage Israeli aggression, suggesting that the resolution was "nothing but smoke and mirrors."
The second Op-Ed, There is One Group that Can Save America's Global Reputation, published by The Toronto Star, argues that American voters, particularly Democrats, are the key to salvaging America's global reputation and its claimed liberal, rules-based international order. Faisal emphasizes the need to wrest control of American foreign policy from the Israeli Lobby and its supporters in the White House for global security.
Jenny Rodriguez-Fee’s new article, One Upon a FAPE: Contrasting the Fabled Hope of IDEA with Present-day Pandemic Realities, has been published. Jenny shares a case study of a boy named Simon to highlight the challenges faced by children who were left behind during the pandemic and are struggling to recoup lost learning. She particularly emphasizes the harm to young students dependent on individualized special education programs that were not implemented during COVID-19, leading to long-term consequences. Jenny proposes an overhaul, including congressional reform of what counts as "appropriate" public education and a compensatory mechanism for those harmed. She concludes with a powerful message: "While fairy tales warn us of the harm to children when adults do not meaningfully respond, just like in the stories, with attention and creativity, there can be a happy ending."