The Slants (and the Redskins): what’s in (an offensive) name?

SCOTUS takes on the First Amendment case of The Slants, a band crying foul over a U.S. patent office refusal to trademark its name

by Amber Healy

the-slants-2105-press-shot-b-1The Supreme Court of the United States will hear the case of The Slants, the Portland, Ore., pop band that has spent the better part of the past six years trying to trademark its name.

It’s unlikely the court will hear the case before 2017, with a decision to come without prior notice months later, but it’s a huge win for the band to make it this far.

If you’re late to this dance-pop party, here’s a little recap. Continue reading


Learning from the silence of elephants

by Tamara Enz


Our lives are full of noise. Endless beeps, twitters, and rings. Traffic, jets, refrigerators, air conditioners. Ubiquitous cell phones, microwaves, TVs, and tablets. Each pinging, humming, and demanding attention. Gratuitous noise, the TV or radio turned on and then ignored, or worse, talked over loudly, has long been a pet peeve. Car keys left in the ignition, leaf blowers (^%*^%$#$ leaf blowers), car alarms (see leaf blowers), and every cell phone/ATM/POS card reader with keyboards that indicate, by sound, every letter entered.

Every. Letter. Entered.

For some, like me, it’s exhausting. Continue reading

Hillary Clinton

Dear Hillary: some unsolicited campaign speech ideas

by Djerrid

I’d like to thank everyone for coming.

This is a campaign rally. This is where candidates typically tout their accomplishments and stir up enthusiasm and take a few jabs at their opponents.

But this campaign is different. This election is different. This is about our shared vision for a better America, but it’s also about a person who is unfit to be a school board member, much less the president of the United States.

Donald J. Trump is notoriously well known for how thin his skin is. Continue reading


But WHY do black lives matter? S&R honors #BLM, part 3

Body Language

by Dasan Ahanu


Image courtesy of Wikipedia Commons

There was a trial last night
Black angst took the stand
and pledged an oath on a bible
A symbol that truths
become more pertinent in red
Sorta like blood amidst chalk outlines
Our only forgotten sons

See angst was there to tell the whole truth
and nothing but the truth
so help a bullet riddled midnight
on it’s way to God Continue reading


#HopeTuesday: Moving the goalposts faster than the ball – our expectations of humanity’s progress vs reality

We’ve never had it so good. “We,” as in all of humanity, and “good” as in just about every measure of life, liberty and happiness.

by djerrid

Here are a few of the many, many examples. Infant mortality, educational attainment, lifespan, reduction in violence, communication both locally and globally, justice, nutrition, wealth. You name it, we’re better than ever. You are blessed to live in the best time for human beings.

So…why do we feel like the world is falling apart? Why are we so afraid and discontented: with each other, for our future, for our well-being? Of immigrants, of suicide bombers, of the zika virus, of Russia and China flexing their muscles, of the refugee crisis, of the rise of nationalism in Europe and elsewhere, of Trump, Hillary and Congress’s tendency to put party and personal ambition well above the country’s interest, of income and other forms of inequality? Continue reading

But WHY do black lives matter? S&R Honors #BLM, part 2

Black Lives Matter is a reminder that we’re not all that different from one another.


photo courtesy of The Gateway Pundit

Part 2 in a series

by Jeanelle Folkes

#BlackLivesMatter to me because I am someone who works hard for success, who is following the path to the American Dream. I grew up learning to be tolerant, learning to accept everybody, regardless of who they are or where they came from. I was raised to embrace my Blackness, and to see it as beautiful, not as something that would hold me back.

Both of my parents are Black immigrants from the island of Jamaica. Continue reading

But WHY do black lives matter? S&R Honors #BLM

I live in a time where people exchange high fives in celebration of dead black bodies.


Image courtesy of WikiMedia

Part 2 in a series

by Derin Adesida

At 15, I related most to Ralph Ellison’s unnamed protagonist in Invisible Man. I was attending The Hotchkiss School, and for the first time, I thought of myself as a minority because of my race and class. Though young, I was being exposed to the world. While privilege buffers blocked possible hardships from me, I had an opportunity to be a carefree black child. I enjoyed math, string instruments, and new dance steps. I felt regular. I played and then matured to hanging out with friends. I laughed a large free laugh and experienced a childhood unaware of the limitations my race could impose. Continue reading

CATEGORY: Baby Boomers

Judge not the group; rather, see the individual

By Carole McNall

ICATEGORY: Baby Boomers’m a female baby boomer.

Knowing that, what do you know about my politics and points of view?

Absolutely nothing.

But wait, you might argue: I know a couple of things that should allow me to predict what shaped your world view.

Really? Let’s test that theory.

Baby boomers are classically defined as those born between 1946 and 1964. That’s an 18-year span. Consider, for a moment, how different the world would look for people at varied points along that span.

John F. Kennedy was assassinated in 1963. Continue reading


The search for a ‘peaceful journey’

Last summer camping by the Imnaha River, I had a dream.

Imnaha Blue Hole

the Imnaha at Blue Hole

By Tamara Enz
It was August, but on the river in the bottom of a forested canyon and at elevation in the Wallowa Mountains, it was cold. I slept in the bed of the pickup, curled into my down sleeping bag, with multiple layers of clothing, and a hat. I don’t remember much about the dream except that it terrified me and I awoke as I was about to be decapitated.

Startled awake with the sound of water rushing downstream to join the Snake River, the trees crowding in above me, and the stars brilliantly clear in the gaps between the branches far above, I wondered what had occurred on this site. I lay awake a long time thinking about the dream and whatever energy I had tapped into.

As happens, the year waned. The dream, all but forgotten, left my conscious memory.

A few weeks ago, I was camping by the Imnaha. I had a dream. It was June, but in the river bottom, in an open ponderosa pine park and in the spring rain at elevation in the Wallowa Mountains, it was cold. Continue reading


When is sharing a password a federal crime? And when isn’t it?

By Carole McNall

Korn-Ferry_Hay-Group.jpgI glanced at the sexy headline: Sharing your Netflix password is now a federal crime, court rules.

Intrigued, I read the story. Then I read the court case, United States v. Nosal.

I discovered, within a page and a half, that the headline writer had created his or her own legal precedent. The blunt statement that made a sexy headline was far less nuanced and far more definitive than the actual decision.

The story I read was bylined, which I always take to mean a reporter actually does something to gather the information. But for many reporters, “gathering information” for this story seemed to mean finding it on another website and doing a little rewrite.

So let me offer some context for evaluating the sexy headline.

Who was sharing passwords and why? The password sharing happened when David Nosal and two others decided to leave the executive search firm Korn/Ferry. Before they left, they began downloading information from Korn/Ferry’s confidential database of search candidates. Even after their access to the system was revoked, they continued downloading, using the freely given password of someone still working at Korn/Ferry.

The firm emphasized the confidentiality of the database through messages ranging from a required agreement for all new employees to a pop-up message every time someone did a custom search.

Eventually, Korn/Ferry discovered the access and criminal charges were filed. This month’s decision was the second appeal of Nosal’s conviction on those charges to the Ninth Circuit Court of Appeals.

OK, there’s the federal crime. But what law did they violate? Continue reading


Fighter jets and paratroopers and black knights, oh my: sports totems as a reflection of militaristic cultural norms

It’s not enough to accept military vehicles, body armor and weaponry from our civilian police. We now have to cheer for it.

by Michael Smith

There was a chapter in a Carl Sagan book from the mid-nineties, Billions and Billions, where he wrote about how totems of North American sports teams had been changing over the years from traditional animals for older clubs — like the Bears, the Tigers, and the Lions — to newer ones more reflective of concerns over atmosphere and the environment — like the Hurricanes, the Avalanche, the Lightning, and the Heat, etc. His point was that we no longer feared animals — there were no more bears in Chicago, after all — so they were no longer acceptable totems for making our team represent power; striking fear into the opposition. Whether or not everyone consciously accepted the reality of climate change in the ’90s, it had become enough of a subconscious concern in our lizard brains that these newer totems felt edgy and fierce.

I think that’s what’s been bothering me about the most recent changes in the NHL. Continue reading


Led Zep wins “Stairway to Heaven” copyright fight. But why?

The Zep vs Randy California “Stairway” case reminds potential plaintiffs they can invest time and money in a lawsuit and still lose.

led-zeppelin-e1401917275408by Carole McNall

Classic rock fans, you can relax now.

Jimmy Page and Robert Plant are indeed the writers of the rock classic, “Stairway to Heaven.” A federal court jury ruled June 23 the estate of Randy Wolfe had not proven its argument Wolfe was the original creator of “Stairway’s” most memorable guitar riff.

“We are grateful for the jury’s conscientious service and pleased that it has ruled in our favor, putting to rest questions about the origins of ‘Stairway to Heaven’ and confirming what we have known for 45 years,” Page and Plant said after the verdict. Wolfe’s attorney said he lost on a “technicality” and is considering an appeal.

This case, more than many rock copyright fights, had enough tangles to be worthy of a law school “spot the issues” question. I’ll untangle a few of them for you.

Who is this guy who’s claiming he wrote “Stairway?” The claim comes from the estate of Randy Wolfe, known as Randy California when he played with the band Spirit. Wolfe’s estate said “Stairway” steals a guitar riff from Wolfe’s composition “Taurus.” “Taurus” was written in 1968, “Stairway” in 1971.

Continue reading


Asian-American band to SCOTUS: review our trademark victory

by Amber Healy

It’s not often a winning party in a long-fought legal battle asks the Supreme Court in the United States to review a lower court’s ruling that had been made in its favor. But for the Portland, Oregon-based, Asian-American dance-rock band The Slants, that’s just what happened this week.

In December, The Slants won the ability to legally register and protect their band name, something the U.S. Patent and Trademark Office had said was offensive to Asian Americans. It was a victory nearly six years in the making.

The U.S. Court of Appeals for the Federal Circuit, in Alexandria, Virginia, ruled that the USPTO was in violation of the Constitution by rejecting the band’s trademark application by a 9-3 margin. The court found that the section of the archaic and little-known Lanham Act used by the USPTO to deny the application, the “disparagement” portion, could not be used to prevent or deny the application. Continue reading


Human rights vs gun rights: after Orlando and before the next Sandy Hook…

Human rights, gun rights and what is right.

by Michael Frantz

Here’s what is clear to me—we have by law and action made it too damned easy to kill and demean.

Let’s start where I hope there is less debate. Can we all agree that regardless of gender identity, sexual orientation, color, religious (or not) affiliation, age, mental and physical differences, veteran’s status or any other “identifier” that all humans should be inherently endowed with equal rights? Continue reading

CATEGORY: PersonalNarrative

Tempeh sausages with pepper spray on the side

By Tamara Enz

A few weeks ago in a random historic-site parking lot in far-flung western Colorado I met a 60-something woman from Atlanta.

CATEGORY: PersonalNarrative“You’re traveling alone? Well good for you. I always wanted to do that but I just don’t have the courage. Some day I will. You’ve never had any problems?”

This is a common question when people see me alone. A few variables in wording, some more direct language about scary people and places to avoid, but the sentiment is the same.

I’ve worked alone in many remote places over the years. I have occasionally stepped out of sight when I felt unsure about what was coming my way. I’m more often worried about destroying an axle on my pickup, not finding my way out of a random maze of canyons, or falling off a cliff than about other people.

Continue reading

Race & Gender

‘Total Frat Move’? More like Total F*cking Misogynists

You may have seen your favorite celebrity like Taylor Swift or Gigi Hadid sporting one of these babies [referring to high-waisted bikini bottoms] on their latest social media post … either way, you’re not them. These girls have the body to pull it off. You do not. Snap me photo proof if you think you can.

By Emily Rosman

Above is an example of one of the unsupported claims by The Therapist, an anonymous user on Total Frat Move, or TFM, in an article called “Why Girls Should Stop Wearing High-Waisted Bikinis.”

CATEGORY: RaceGender TFM, a self-claimed “news and entertainment brand that consists of the No. 1 college comedy website on the internet,” is owned by Grandex Inc. Grandex owns other “entertainment” brands like Total Sorority Move, Rowdy Gentleman and Post Grad Problems. Grandex lists 47 executives on its website — only seven are women.

Misogynistic posts like The Therapist’s litter the site, using derogatory language in most articles and treating women as sexual objects.

“Misogyny now has become so normalized,” said Paul Roberts, author of Impulse Society. “It’s almost like we’ve gone back to the Mad Men days.”

Continue reading

Popular Music

Can digital music files be resold? Courts say no — so far

By Amber Healy

Walking into a used music store is akin to embarking on a treasure hunt. Whether the shopper is looking to bulk up her CD collection or find vintage vinyl — an original pressing of Pearl Jam’s Ten! — or a cheaper way to fill in the gaps, music resellers are a cost-effective way to get new material while providing the previous owner a way to create some shelf space for new additions.

CATEGORY: MusicPopularCultureThe reselling of physical media, whether books, movies or music, is permissible under Section 109 of the U.S. Copyright Act. The First Sale doctrine, as it is known, says a person who has paid for an album (vinyl or CD or, in yesteryear, a cassette) can resell that album without any legal problem. The First Sale doctrine “generally provides that once a copyright holder authorizes the distribution of a copy of a work, that copy can be further leased or transferred or otherwise disposed of by the purchaser or whoever has lawfully acquired it,” confirms Mike Keyes, an intellectual property and copyright attorney with the Seattle law firm of Dorsey & Whitney LLP.
Continue reading

The Slants

The Slants, or Washington’s NFL team, might soon go to SCOTUS over their names

By Amber Healy

Just as The Slants prepare to release a new album with a new singer, it might be time to prepare to face the U.S. Supreme Court. Sadly, this won’t come as a surprise to the band.

The Slants

The Slants

In December, the U.S. Court of Appeals for the Federal Circuit ruled the U.S. Patent and Trademark Office (USPTO) was in violation of the Constitution when it rejected the band’s application to register its name as a trademark. By a margin of 9-3, the federal court ruled the “disparagement” portion of the Lanham Act — a 60-year-old and little-understood law — could not be used to prevent the band from its right to trademark its name. Continue reading

CATEGORY: PersonalNarrative

In two words, the restless struggle ‘to be present’

By Emily Rosman

Lately two words have been stuck inside my head, refusing to leave.

I wish.”

Like many college students, especially those graduating this May, I can’t help but think of all the things I didn’t do.

It’s human nature — at any age — to think about all the things that could have been accomplished or that could have been experienced.

I wish I’d joined more clubs that don’t specifically relate to my major. I wish I hadn’t wasted so many nights wasted. I wish I’d developed a more diverse group of friends with different interests. I wish I’d taken more electives like psychology or women’s studies.
Continue reading