Works-in-Progress Series: Implicit Bias and Intellectual Property Law

Wednesday, February 15, 2012 (All day)

An invitation to Faculty & Guests
sponsored by the WSRSL Faculty Professional Development Committee

TIME: Noon ‐1:30 pm
RSVP with Josie Danielson (, by Monday, February 13, 2012.
A light lunch will be provided. Limited Seating.

Danielle Conway

No longer is overt racism or sexism necessary to maintain the status quo in favor of institutional copyright holders; instead, two of the more pernicious influences on directing outcomes in intellectual property law cases are, first and foremost, the belief that American copyright law is superior to publicity rights law and, second, the unconscious deployment of highly subjective beliefs and stereotypes by decision‐makers who are required to settle disputes between institutional copyright holders and disenfranchised publicity rights holders, many of whom are African American and women. These well‐meaning decision‐makers, practitioners, and even scholarly commentators are convinced that intellectual property law is immune from implicit race and gender bias. In an attempt to respond to the cacophonous claims that the application of intellectual property protection and enforcement regimes in America is race neutral, this chapter presents the theory that implicit bias is present and operating in the intellectual property law sphere generally and in the right of publicity sector specifically.

Professor Conway teaches in the areas of Intellectual Property Law; Licensing Intellectual Property; International Intellectual Property Law; Internet Law & Policy, and Government Contract Law. She is the Director of the University of Hawaiʻi Procurement Institute. Named Outstanding Professor of the Year in 2003, and awarded the University of Hawaiʻi Regents’ Medal for Excellence in Teaching in 2004, Professor Conway completed a 2006–07 Fulbright Senior Scholar post in Australia. In academic year 2007‐08, Professor Conway held the Visiting E.K. GubinProfessor of Government Contract Law Chair at the George Washington University Law School; as well, she was selected as the 2008 Godfrey Visiting Scholar at the University of Maine School of Law. In 2008, Professor Conway was selected to hold a Chair‐In‐Law position at La Trobe University Faculty of Law & Management in Melbourne, Australia.

Professor Conway has delegate status at the United Nations Permanent Forum for Indigenous Issues. In addition, she currently serves as a Lieutenant Colonel in the U.S. Army Reserve assigned as Assistant Chair and Professor of Law in the Contract and Fiscal Law Department at the Judge Advocate General’s Legal Center and School. She is of counsel at Alston Hunt Floyd & Ing, LLP in Honolulu.

Professor Conway completed Fulbright and Australian Fulbright Grants, among numerous others received. Among Professor Conway’s list of publications are co‐authorship of the treatise Intellectual Property, Software, and Information Licensing Law and Practice (BNA, 2007 and current supplements), the casebook Licensing Intellectual Property: Law and Application (Aspen, 2008), and CALI lessons. In addition, she has authored numerous legal articles and is a sought‐after speaker locally, nationally, and abroad.