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State Antiquity Laws And Admiralty Salvage: Protecting Our Cultural Resources, Adam Lawrence

University of Miami Law Review

In this article the author analyzes the constitutional power of the states to vest title to sunken artifacts in themselves. The legal nature of sunken property and the conflicting state and federal claims to which it is subject are examined through an historical presentation of the statutory and common law pertaining to sunken property. The author suggests how the possible conflicts between federal maritime and state jurisdiction can be resolved, both within the framework of the present law, and by enacting new legislation on the state and federal levels.