Decol solves the lack of racial progress embedded within the language of IP – by creating radial multicersalities we can flip structural power dynamics
Anjali Vats 18 [Assistant Professor of Communication and African and African Diaspora Studies and Assistant Professor of Law at Boston College, The Routledge Companion to Intersectionalities, (2018), https://scholarship.law.pitt.edu/fac_articles/512/]//:0
In the historic piece "Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation," Derrick Bell, Jr. observes that "Leroy Clark has written that the black community's belief in the efficacy of litigation inhibited the development of techniques involving popular participation and control, that might have advanced school desegregation in the South." 2 91 Bell, who echoes the criticism of Civil Rights Movement leaders such as Dr. King, goes on to observe that "[t]he problem of unjust laws . . . is almost invariably a problem of distribution of political and economic power." 29 2 If We accept Bell's principle as true, then it is necessary to find productive extra-legal as well as legal approaches to anti-racist and anti-colonial resistance within the context of intellectual properties, ones which are not invested in conservative law and economics models. Following Bell's lead and his conceptualization of racial realism,293 we offer as one avenue for locating such radical approaches: decolonial theory. Addressing the structural sources of the unequal distribution of political and economic power that Bell raises as a primary cause of racial nonneutrality in law is a central goal of decolonial theory and practice, which have become increasingly central to anti-racist and anti-colonial strategy among academics and activists. While we do not mean to suggest that decolonial theory is the one right answer to reworking race and intellectual property, we maintain that its understanding of the nexus of (neo)coloniality, narratives of progress, power, and knowledge is a useful one to deploy to undo intellectual property's racial and (neo)colonial logics. Moreover, decolonial theory can be thought together with other types of critical theory, including CRT, feminism, and queer theory in order to imagine new ways of creating radical multiversalities. As such, it creates space for a complex and multifaceted engagement with race, (neo)coloniality and intellectual property that addresses the fundamental historical power dynamics that shaped laws of knowledge production. In short, it is only through the death of the (European/American) human2 94 that Others can claim their place as radical equal partners in humanity. 295