But is it possible to escape our attraction to fast fashion? And will crossing these items off your shopping list make things better or worse? Fordham experts weigh in.

Human Rights Abuse

“People get excited about the $2 T-shirt” and don’t think about the impact on factory workers making the clothing, said Susan Scafidi, director of the Fashion Law Institute at Fordham.

Catastrophic garment factory fires and forced labor charges against China’s cotton industry have brought attention to human rights abuses, and even resulted in Congress passing the Uyghur Forced Labor Prevention Act in 2021, which banned imports from businesses in Xinjiang, China, that use forced labor. Paltry wages for field and factory workers, the majority of whom are women, are another well-known concern.

“Labor is one of, if not the most, expensive inputs in fashion,” Scafidi said, but ”when it comes to making fast fashion, it has to be cheap, cheaper, cheapest.”

Tik Tok Temptation

Younger consumers, mainly Gen Z and Millennials, are at the forefront of the demand for fast fashion, heavily influenced by social media and desire for the latest styles, said Fordham economist Giacomo Santangelo. 

“Platforms like TikTok are pivotal in shaping fashion choices,” he said. “This constant exposure to new styles and the desire for instant gratification lead to frequent buying, fueling the fast fashion market.”

Fast fashion brands’ low prices make their products broadly accessible, he said, noting that their affordability is especially appealing because of the state of the global economy and the desire to save money during the holiday giving season. Demand is also fed by the convenience and proliferation of fast fashion e-commerce sites, he said. 

Environmental Impact: ‘A Global Crisis’

That demand for fast fashion is also impacting the planet, due to overseas factories’ carbon emissions and water pollution, as well as all the products that end up in towering landfills, according to environmental watchdog organizations.

Clothes are being cast aside more quickly and in greater quantities than ever. Donated items from countries including the U.K., the U.S., and China are sold to vendors in places such as Ghana, which has one of the world’s largest secondhand clothing markets. But because these markets can’t handle the volume, many items are never worn again and end up in landfills or rivers. 

Meanwhile, garment factories continue to pollute rivers with toxic dyes and use tremendous amounts of fossil fuel for production and shipping across the world, according to the watchdog groups. And much of fast fashion relies on synthetic fibers made from plastic derived from crude oil and natural gas.

“There is a vast amount of waste and climate impact,” Scafidi said. “It has become a global crisis in that way.”

The Flip Side

But solutions to the problem are not as simple as they may seem. For one thing, fast fashion employs and supports the global poor and fuels developing economies, said Matthew Caulfield, Ph.D., assistant professor of ethics in the Gabelli School of Business.

“Most Americans—even Americans one would typically consider to be lower income—are nonetheless, by purchasing power standards, considered to be part of the global rich,” he said, adding that a single adult earning $24,000 per year makes more than seven times the global median.

“This is not to say that [fast and cheap production]is an unmitigated good—there are environmental concerns—or that the companies themselves have unassailable practices,” said Caulfield. “It’s only to suggest that one intuition that often seems entirely clear (that buying local is ethically superior) is not entirely clear. There are trade-offs we must navigate.”

Ariele Elia, assistant director of the Fashion Law Institute at Fordham Law, said first off, we must distinguish the less-dire Chapter 11 bankruptcy from Chapter 7.

“Chapter 11 bankruptcy is where a brand or company is restructuring. Chapter 7 is where they’re actually liquidating the business,” said Elia. “With COVID, a lot of brands have filed Chapter 11 to rethink what is essential. Do they need to trim down? Do they have to fix their processes? Will the brand still exist? Will it exist in a different form?”

As companies begin to answer these questions and reconfigure themselves, a few distinct aspects of the industry will likely remain the same

“Women have always been the primary producers of fashion and textiles, pretty much everywhere in the world through all the time, with little exception, and have done it in addition to child-rearing,” said Allison Pfingst, adviser and administrator of the Undergraduate Fashion Studies Program at Fordham. “Only when it becomes very profitable do men tend to step in and start taking on roles.”

Without a doubt the current crisis and resulting layoffs will directly affect women and children, said Lyn Slater, Ph.D., a recently retired professor from the Graduate School of Social Service . A noted fashion influencer, Slater publishes The Accidental Icon, a popular blog,  and has nearly 750,000 followers on Instagram.

“A lot of the employees who are in the retail sector, who are garment workers, who are doing hands-on manufacturing, the selling, and the merchandising, are predominantly women, and these are women who have been laid off,” said Slater, whose research focused primarily on issues facing women and children. “Even if they’re lucky enough to have kept a job, they have to negotiate working virtually as well as manage their children’s education.”

Slater expressed particular concern for women working in fashion’s manufacturing sector, which she noted has a history of dangerous working conditions going as far back as the 1911 Triangle Shirtwaist Factory fire and on through to the 2013 collapse of a garment factory in Bangladesh. She added that this past summer a British factory in Leicester, England, forced women to work in close quarters, despite the dangers of contracting COVID-19. This produces a ripple effect, she said, noting that there’s plenty of research that shows a woman’s well-being contributes to her family’s health, which in turn contributes to her community’s economic power.

Paying Up

Slater said the good news is that Instagram has become a very powerful activist tool, shining a light on malpractices, like the ones uncovered at the Leicester factory. Over the last few months, activists have successfully pressured companies to guarantee that their products are made in safe environments and that their workers get paid—particularly now that orders have been canceled due to the pandemic.

“There’s this whole movement called #PayUp that really forced fashion brands who were not paying garment workers to have to pay up. One by one, the brands fell to the pressure,” said Slater. “This is an amazing time for activism. There were a number of initiatives that young designers did that I was involved in where they were making masks as a way of employing and paying laid-off garment workers.”

She said that the fashion activists’ quick response to workers’ needs contrasts shallow perceptions of fashion.

‘Fashion Is Not Frivolous’

“I think the first step is knowing fashion is not frivolous. Fashion is about human rights. Fashion is about fair labor. Fashion is about women. That fashion is about inclusion, and all of these things impact families,” she said.

Elia said that she’s observed several solutions that promote safe working conditions in the current climate.

“In Peru, a lot of the larger brands gave work to women that were working at home, so they wouldn’t have to then commute to the factory,” said Elia. “The woman could raise her children and also make some money and become financially independent, which I thought was a wonderful idea.”

Pfingst said consumers can play an important role in helping working women around the globe.

“If you are consuming intentionally, you know where your clothes come from, you know that the women who made it were paid well, you know that it’s a female-owned store, it’s a black-owned store, or it’s whatever kind of area you want to support, then fashion can be a very productive form of activism, especially in our Instagram-media-driven world.”

More from Fordham experts on the impact of COVID-19 on fashion and personal style.

Can a woman dress modestly and not inadvertently cast aspersions on those who dress more revealingly?

And what role should the law play in determining the rules?

In response to recent bans in France of “burkini” bathing suits, the Fashion Law Institute at Fordham on Sept. 9th held “The Body Politic: From Banning Burkinis to Designing Democracy.” The lively panel discussion ranged from the political ramifications of fashion through the years to the evolution of U.S. law on religious expression.

Sara Elnakib, co-founder of the label Beaute Cache, and Simi Polonsky, co-founder of the label The Frock, spoke on designing clothes aimed primarily at Muslim and Orthodox Jewish women, respectively. Elnakib displayed her company’s black and white burkini, an ode to actress Audrey Hepburn.

Elnakib cited a real demand for her label’s product among Muslim women who wish to express their faith by covering up, but who want to look good at the same time. She disagreed with the notion that covering parts of one’s body could be construed as a symbol of oppression. American fencer Ibtihaj Muhammad, for example, both won a bronze medal at the 2016 Olympics and honored her faith by wearing a hijab.

Elnakib said the recent burkini ban in France baffled her.

“At the end of the day, it’s a personal choice. My relationship between me and God should not be intervened in by my dad, my husband, and especially not by a lawmaker,” she said.

Susan Scafidi, founder and academic director of the institute, shared some historical perspective on France’s clothing laws, noting that clothing has always been tied up with politics. During the French Revolution, men who fought against the French monarchy distinguished themselves sartorially by wearing long trousers while the aristocracy wore knee-length culottes and silk stockings. Their female compatriots, however, were prohibited by statute from wearing pants. (That statute was still technically on the books until 2013.)

The United States, she said, has always been more open to religious expression, as exemplified by founding documents such as the First Amendment.

“We do have a clear separation of church and state written into the Constitution,” said Scafidi. But compared to France’s “Trump-size wall separating church and state,” the United States operates along the lines of “more of a little picket fence.”

Scafidi said there were still plenty of issues and assumptions about clothing to be addressed. Among them are what constitutes decency, the discredited idea that a woman’s clothing choice indicates consent to sex, and whether non-Muslim women traveling abroad should wear a hijab to accommodate conservative Muslim sensibilities.

Panelist Asra Nomani, co-founder of the Pearl Project at Georgetown University, said that Muslim women who cover up are being sold a “bill of goods” by leaders in Saudi Arabia and Iran.

Nomani read two translations of a verse in the Koran addressing the issue of covering up: One from an older volume that was arguably ambiguous with regard to women’s clothing, and another from a newer version—published in Saudi Arabia—that clearly elevated the burka, which covers a woman completely, over the hijab and the niqab, both of which leave parts of the face exposed.

“We value the idea of the dignity of women. We’ve all agreed on that. But if we accept an assumption that one person—that is the woman—has to be covered in order to protect her honor and to protect men from being sexually aroused by her presence, then we are essentially judging her by … [physical]standards,” she said. “The same as Western society.”

Nomani, a Muslim, said she was appalled that she and other women attending the trial of a 9/11 conspirator at Guantanamo Bay were encouraged to cover their hair, so as not to distract the defendant.

“This is not a debate between Islam and the West. This is a debate between values and ethics. I, in Guantanamo Bay as a Muslim woman, do not want to cover myself to please a man who decided that it was okay to drive planes into the World Trade Center.”

The event, “Fashion + Sustainable Development + Women’s Empowerment,” brought together designers, models, academics, and fashionistas for a runway show and panel discussion about the unique ways that the fashion industry is embracing sustainable practices and improving social and environmental conditions.

The event was sponsored by the Institute for Women and Girls at the Graduate School of Social Service (GSS) and hosted by Lyn Kennedy Slater, PhD, a clinical associate professor at GSS and creator of the popular blog The Accidental Icon.

“GSS and the sustainable fashion movement share the goals of environmental, economical, and social justice, and the realization of human rights and the empowerment of women and children,” Slater said. “When one comes to a conversations about similar issues from different perspectives, new and creative approaches to solving social problems can emerge.”

In her introduction to the event, Veronique Lee, merchandising director for Modavanti, said that fashion is the second largest “dirtiest industry” in the world, coming in just behind the oil and gas industry. Besides producing large amounts of toxic dyes and chemicals, the fashion industry is a significant consumer of natural resources and is notoriously wasteful.

The industry is in need of major overhaul to meet the global challenges we face, Lee said.

“We’re seeing this revolution happen with cars and with food, and now it’s time to start impacting our awareness of how we get our clothes, where they come from, and who is making them,” she said.

Nearly a dozen designers were present for the runway portion of the event, which showcased clothing and accessories that were sustainably made and ethically sourced. Models wove through the aisles of Pope Auditorium wearing clothes made from recycled water bottles and fishnets and sporting artisanal jewelry made by Alaskan and Peruvian natives.

Several designers emphasized that through their brands they aim to make positive social as well as environmental change. Panelist Chid Liberty, owner of the fashion company Uniform, said that for every purchase made, the company donates a school uniform to a child in Liberia.

“It’s about human, environmental, and financial well-being,” said panelist Amy Hall, director of social consciousness for Eileen Fisher. “This means [products or initiatives]that have the lowest environmental impact possible, the greatest social impact possible, and enough financial return to make that work possible.”

Lee recommended that consumers be mindful of what they are buying. Modavanti, she said, created a badge system to make it easy for consumers to tell whether the items they purchase are eco-friendly and ethically sourced. Smartphone apps can also help buyers research products and brands.

Most importantly, Lee said, don’t underestimate the power that consumers—particularly women—have in revolutionizing fashion. According to Forbes, women control $20 trillion in annual consumer spending, making them the largest market opportunity in the world.

“Women have enormous control through their purchasing power and influence, and it’s increasing,” Lee said. “Women can change fashion—the companies are listening.”

The panel was moderated by Jeff Trexler, associate director of Fordham School of Law’s Fashion Law Institute, and included:

• Amy Hall, director of social consciousness for Eileen Fisher;
• Rebecca van Bergen, executive director of Nest;
• Debera Johnson, executive director at the Pratt Institute; and
• Chid Liberty, co-founder of Liberty & Justice.

What started as an innovative idea of Fordham Law professor Susan Scafidi—to create a special field of law for those working within a distinct industry—has gained respect within academia and is establishing a long-term direction for the industry. Since its launch in September of 2010, in fact, similar programs and courses have been launched at other institutions, including Loyola Law School in Los Angeles and New York University. (That irony is not lost on Scafidi, who is a pro at spotting a designer knockoff and who blogs at a site called counterfeitchic.com.)

“It’s been a real supernova,” said Scafidi, who also acts as the institute’s academic director. “We just keep managing to break new ground.”

Created in 2010, the nonprofit not only serves as a center to educate lawyers with a focus on fashion, but is “about something more,” Scafidi says—providing the fashion community with legal advice, training programs, and information about industry issues.

But it wasn’t an easy walk in this lawyer’s Manolos. Nearly 10 years ago, Scafidi’s idea to found the institute and the field of fashion law was ridiculed, with endless comparisons to Elle Woods in Legally Blonde.

“When I started this, people laughed. They said, ‘Really? It’s too girly, too frivolous. No one will take you seriously.’ It was like fashion law had a question mark after it,” she said. “But it is a multibillion-dollar industry… one that touches all of us, quite literally.”

In 2006, Scafidi convinced Fordham Law School to offer the first-ever fashion law seminar, under the condition that at least three students register. Much to everyone’s surprise, students frantically signed up.

“But we always realized it was more than just a class,” said Scafidi.

In just one year, enrollment doubled. It also became apparent to Scafidi that those outside of law school also needed services and that the industry needed legal protection and education.

Thanks to backing from the Council of Fashion Designers of America (CFDA) and the support of CFDA president and iconic designer Diane von Furstenberg, the center became a reality on the same day in September 2010 that New York Fashion Week moved to its new home at Lincoln Center, just across the street from Fordham.

Since then, the institute has continued to expand, solidifying a permanent track at Fordham Law, now with seven classes ranging from Fashion Ethics, Sustainability & Development to Fashion Law & Finance, and bridging the gap between the fashion and legal communities.
“Everything happened because there was a need,” said Scafidi.

The nonprofit institute has now extended beyond Fordham, evolving into a fashion law epicenter with a monthly legal advice clinic called a “pop-up”—a nod to retail pop-up stores—where designers are paired with volunteer lawyers who are assisted by law students. There’s a summer Fashion Law Bootcamp (now in East and West coast editions thanks to a partnership with Levi’s®) and countless symposia open to lawyers and fashion professionals. The institute’s next daylong event is slated for this April 4.

“It’s like a foreign exchange program,” Scafidi said. “The lawyers have to learn to speak fashion and the fashionistas have to learn to speak law.”

The institute has become a regular fixture on the semiannual Mercedes-Benz New York Fashion Week calendar, where it offers students more than just a look at the business of fashion law—that is, real-life experience working with production legalities. At last September’s Fashion Week, the institute celebrated its third anniversary with a fashion show to showcase designers who participated in its clinics. One of the clinic’s designers, Eden Miller of Cabiria, made international headlines by showing the first-ever plus-size line under the tents.

During this spring’s Fashion Week, which runs from Feb. 6 through 13, the institute will host a Feb. 7 discussion of the latest fashion trend: wearable technology.

Scafidi has inspired fashion law committees at several New York bar associations and encouraged the establishment of three specialty law firms by program participants—one each in New York, London, and Paris. She helped found the Model Alliance and create a monumental state law protecting underage models, a law that took effect last November and which requires better adult supervision of child models on the job.

“I’m so proud of getting that law passed,” she said. “It’s wonderful to be able to help models who are the faces of the industry actually have a voice in the industry.”

With New York conquered, Scafidi is taking her idea global, having attracted students and program attendees “from every continent except Antarctica.”

“We’ve done a lot, but we’re not done yet,” she said, adding that she hopes to “continue establishing fashion law around the world”—with Milan, Hong Kong, and Dubai next up

Art Attacks: Perspectives on the Use of Fashion Logos will bring together parties with different views on the unauthorized transformation of trademarks for a thoughtful, candid conversation about art, parody, fair use, and infringement.

The panel will feature:

Anna Dalla Val, senior director, international trademarks at Polo Ralph Lauren
David De Buck, owner of De Buck Gallery in New York City
Marisa Kakoulas, New York lawyer, writer, and owner of the blog Needles and Sins
Michael Pantalony, brand consultant

Friday, Feb, 8

9:30-10:45 a.m.

Fordham Law School, Room 430B/C

Registration is required. For more information, visit http://fashionlawinstitute.co

Joseph Ferrara photos by Henry Dziekan, III

Speaking on April 15 at the Fashion Law Institute at Fordham’s first annual symposium, panelists predicted that future clothing labels will be QR codes that consumers can read by swiping their cell phones over a barcode. Such technology, they said, will add deeper dimensions to the marketing of apparel.

“The country of origin will just not be enough,” said Joseph Ferrara, director of the Garment Center Supplier Association. “We are going to see the entire life of the garment right there in the consumer’s hand in an explosion of prepositions: it won’t just be made in [the country], it will be made by fair trade, highly skilled workers, made of organic material, or even ‘made of fine animal hair groomed at an altitude of 8,000 feet.’ You are really going to get an incredible level of detail.

“Therein lies the opportunity,” he added.

Today’s activist consumers, Ferrara said, are accustomed to seeking out and finding information through social media and the Web. New niche markets in apparel will develop around fair trade, green materials, artisan-crafted garments, and even locales such as New York City, Palermo and others.

“Such awareness is going to be extraordinary and meaningful for the masses,” he said, “and for marketing.”

Ferrara was one of four experts on a panel,“Spinning the Globe: The Future of the ‘Made In’ Label.” The other speakers were Guillermo Jimenez, professor of law at the Fashion Institute of Technology and an expert in international trade; Mary O’Rourke, director of a consulting firm in textiles, O’Rourke Group Partners; and Sabina Lepre Leva, in-house counsel for the Intellectual Property Rights Desk-New York, Italian Trade Commission.

Susan Scafidi

The panelists said that localities such as New York, Italy and France—all famous for their fashion designers and excellent craftsmanship—must be preserved to facilitate the next wave of creative designers.

“Some of these struggling designers are going to be the Ralph Laurens of tomorrow,” O’Rourke said.

The symposium grew out of last year’s establishment of the Fashion Law Institute at Fordham Law, which opened in September. Other panels included “Shopping for Fashion Houses: Who’s First in Line in the M&A Market?” “Is Grey the New Black? Parallel Imports and Counterfeits I the Online Marketplace,” and “Eco-Chic: Is it Easy Being Green?”

“The theme of the conference, ‘Global Growth and Legal Landscapes,’ is about the growth of the fashion industry itself, but it is also about the growth of fashion law, which has moved from being perceived as largely intellectual property into many, many other fields of law,” said Susan Scafidi, professor of law and academic director of the Institute.

On display in the Law School atrium was apparel with the Zero Maria Cornejo label, owned by Chilean fashion designer Maria Cornejo.