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Law and Society

Michigan Journal of Race and Law

Culture

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines Jan 2005

Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines

Michigan Journal of Race and Law

This Note begins with a discussion of copyright law and then examines Black musical traditions and how they have conflicted with American copyright law through the years. Part I explains the history of American copyright law and its theoretical underpinnings. Part II relates common Black musical traditions in more detail. Part III illustrates how the foundations of Black musical traditions can be found in Negro Spirituals. Part IV outlines the notion of Black music as it evolved in ragtime. Part V describes how copyright undermined the traditions of blues, jazz, and R&B. Part VI explains how rock 'n' roll's prominence …


A General Theory Of Cultural Diversity, Steven A. Ramirez Jan 2001

A General Theory Of Cultural Diversity, Steven A. Ramirez

Michigan Journal of Race and Law

This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …


Understanding "Rights" In Contemporary American Discourse, David Ray Papke Jan 1997

Understanding "Rights" In Contemporary American Discourse, David Ray Papke

Michigan Journal of Race and Law

A review of Legal Rights: Historical and Philosophical Perspectives edited by Austin Sarat and Thomas R. Kearns