Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (13)
- Cultural Heritage Law (8)
- Architecture (5)
- Arts and Humanities (5)
- Historic Preservation and Conservation (5)
-
- History (5)
- Land Use Law (5)
- Social and Behavioral Sciences (5)
- Commercial Law (4)
- Entertainment, Arts, and Sports Law (4)
- Indigenous, Indian, and Aboriginal Law (4)
- Comparative and Foreign Law (3)
- Criminal Law (3)
- Human Rights Law (3)
- Indigenous Studies (3)
- Property Law and Real Estate (3)
- Race, Ethnicity and Post-Colonial Studies (3)
- United States History (3)
- Anthropology (2)
- Civil Procedure (2)
- Cultural History (2)
- Insurance Law (2)
- International Trade Law (2)
- Internet Law (2)
- Legal Studies (2)
- Legal Writing and Research (2)
- Litigation (2)
- Native American Studies (2)
- Political Science (2)
- Institution
-
- William & Mary Law School (3)
- Case Western Reserve University School of Law (2)
- Chicago-Kent College of Law (2)
- Duke Law (2)
- Fordham Law School (2)
-
- Selected Works (2)
- The University of Akron (2)
- University of Michigan Law School (2)
- American University Washington College of Law (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Ouachita Baptist University (1)
- Pace University (1)
- Pepperdine University (1)
- Syracuse University (1)
- University of Miami Law School (1)
- University of North Dakota (1)
- University of Pittsburgh School of Law (1)
- University of San Diego (1)
- University of Southern Maine (1)
- University of Wollongong (1)
- Western Kentucky University (1)
- Publication Year
- Publication
-
- Articles (2)
- Case Western Reserve Journal of International Law (2)
- Chicago-Kent Law Review (2)
- Faculty Publications (2)
- Michigan Law Review (2)
-
- Ronald H. Rosenberg (2)
- Akron Law Faculty Publications (1)
- American University Criminal Law Brief (1)
- Cornell Law Faculty Working Papers (1)
- Duke Journal of Comparative & International Law (1)
- Duke Law Journal (1)
- Faculty of Law - Papers (Archive) (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Fordham Law Review (1)
- Law Faculty Articles and Essays (1)
- MSS Finding Aids (1)
- Maine Collection (1)
- Pace International Law Review (1)
- Pepperdine Law Review (1)
- Robert L Tucker (1)
- San Diego International Law Journal (1)
- Syracuse Journal of International Law and Commerce (1)
- US Government Documents related to Indigenous Nations (1)
- University of Miami Business Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
Looted Cultural Objects, Elena Baylis
Looted Cultural Objects, Elena Baylis
Articles
In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Chicago-Kent Law Review
The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …
Talking Foreign Policy: Art, Diplomacy And Accountability, Milena Sterio, Mark Ellis, Shannon French, Bill Schabas, Paul R. Williams, Michael P. Scharf
Talking Foreign Policy: Art, Diplomacy And Accountability, Milena Sterio, Mark Ellis, Shannon French, Bill Schabas, Paul R. Williams, Michael P. Scharf
Law Faculty Articles and Essays
Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.
This broadcast featured:
- Paul R. Williams, President and cofounder of the Public International Law & Policy Group, who has advised parties to treaty negotiations around the world
- Mark Ellis, Executive Director of the International Bar Association
- Bill Schabas, a professor at Middlesex University …
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Case Western Reserve Journal of International Law
For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The "blood antiquities" excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive. A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …
An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart
Chicago-Kent Law Review
Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
Pace International Law Review
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …
Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh
Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh
Fordham Intellectual Property, Media and Entertainment Law Journal
There are many ways to protect cultural heritage as a valuable commodity. Although heightened security measures and extensive surveillance methods can deter theft, a more effective means for reducing theft is the elimination of the demand for black market art items. Trade in unprovenanced antiquities is a demand-driven crime; the market for illegal or undocumented items is driven by buyers’ wants. The most effective method of protection for cultural heritage is to eliminate the demand for black market for these precious objects, thereby reducing the market, a method known as the “market reduction approach.” There is a well-documented link between …
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk
Pepperdine Law Review
No abstract provided.
Black Beauty - How Schultz And The Trial Of Marion True Changed Museum Acquistions, Michael Murali
Black Beauty - How Schultz And The Trial Of Marion True Changed Museum Acquistions, Michael Murali
American University Criminal Law Brief
No abstract provided.
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Akron Law Faculty Publications
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Robert L Tucker
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …
Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug
Case Western Reserve Journal of International Law
No abstract provided.
Repatriating Cultural Property: The Dispute Between Yale And Peru Over The Treasures Of Machu Picchu, Stephanie Swanson
Repatriating Cultural Property: The Dispute Between Yale And Peru Over The Treasures Of Machu Picchu, Stephanie Swanson
San Diego International Law Journal
The repatriation of cultural property is a controversial issue throughout the world, creating a sharp divide between states with a wealth of antiquities, such as Greece or Peru, and states which, lacking such extensive cultural property, have nonetheless built international museums housing the patrimony of other nations. The conflict surrounding the proper ownership of the Elgin marbles, probably the most famous dispute over cultural property, is but one example of many. In recent years, calls for the repatriation of cultural property have become increasingly common, involving world famous museums such as the Metropolitan Museum of Art and the J. Paul …
Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat
Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat
Cornell Law Faculty Working Papers
In 1970 UNESCO adopted a convention intended to stem the flow of looted antiquities from developing countries to collections in art-importing countries. The majority of art-importing countries, including Britain, Germany, and Japan, refused to join the Convention. Contrary to other art-importing countries, and reversing its own traditionally-liberal policy, the United States accepted the international regulation of antiquities and joined the UNESCO Convention. The article seeks to explain why the United States chose to establish controls on antiquities, to the benefit of foreign countries facing archaeological plunder and to the detriment of the US art market. I argue that the concern …
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Perspectives On The Organisation And Control Of The Illicit Traffic In Antiquities In South East Asia, Christine Adler, Duncan Chappell, Kenneth Polk
Faculty of Law - Papers (Archive)
We intend addressing three issues in till paper. First we will describe in detail not available elsewhere the patterns that are found in the illicit traffic in antiquities that flow out of Southeast Asia in particular from Cambodia, China, Laos, Myanmar Thailand and Vietnam. Second, we shall examine the focus of organized crime that have emerged in order to support that traffic. Third, we will propose initiatives that are both focused on the demand end of the market chain (rather than on the supply end), and on tho e approaches than give emphasis to persuasion' rather than punishment and prohibition.
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel
Fordham Law Review
Newly discovered antiquities are “mixed goods.” They have a physical component (the object itself) and an intangible component (the archeological and historical information associated with the discovery). This dual nature justifies government intervention into the market, not to capture the positive externalities associated with the antiquity, but to minimize the negative externalities associated with the law of finders. When the typical finder excavates an antiquity, its historical and archeological information is severely damaged, if not destroyed. In response to this problem, source countries have enacted state ownership/retention statutes. These laws, however, have their own negative externalities. They create incentives for …
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Duke Journal of Comparative & International Law
No abstract provided.
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Articles
Governmental efforts to protect antiquities can be found in the early twentieth century; however, the most significant policy efforts began in the late 1960s and early 1970s. This manuscript focuses on the properties/items protected under current statutes in Arkansas, Louisiana, and Texas and provides background on major federal policies. Moreover, it addresses the penalties imposed for violating these regulations. The efforts made to enforce these rules are also addressed along with suggestions for improving implementation of antiquities policies in all three states.
Hoarding History: A Survey Of Antiquity Looting And Black Market Trade, Alia Szopa
Hoarding History: A Survey Of Antiquity Looting And Black Market Trade, Alia Szopa
University of Miami Business Law Review
No abstract provided.
Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola
Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola
William & Mary Environmental Law and Policy Review
No abstract provided.
A Chaotic Palette: Conflict Of Laws In Litigation Between Original Owners And Good-Faith Purchasers Of Stolen Art, Patricia Youngblood Reyhan
A Chaotic Palette: Conflict Of Laws In Litigation Between Original Owners And Good-Faith Purchasers Of Stolen Art, Patricia Youngblood Reyhan
Duke Law Journal
The 1990s saw an exponential growth in the number and political sensitivities of claims by original owners of stolen art against good-faith purchasers of that art. These cases have challenged courts, threatened international relations, created public relations nightmares for museums, and generally shaken the art world. In defining whose claim should prevail as between original owners and good-faith purchasers, states and nations have adopted significantly varied rules to reach divergent resolutions of complicated issues of public policy and private right. In the relatively rare case in which the original owner/good-faith purchaser dispute is connected with a single state or nation, …
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Michigan Law Review
Because of the thoughtfulness of its arguments, the range and depth of its presentation of specific cases, and the fairness with which it reveals, thinks through, and allows some validity to opposing points of view, Playing Darts with a Rembrandt is a valuable contribution to understanding which parties have, and should have, rights in key objects that comprise our collective heritage. That I am not persuaded by some of the specific arguments in the book in no way reduces my admiration for what it accomplishes.
Casting Light On Cultural Property, John J. Costonis
Casting Light On Cultural Property, John J. Costonis
Michigan Law Review
Theorists of private property invite comparison to theorists of light. For centuries, the latter have debated whether light is best understood as a wave or as a photon. The rivalry has been intense because each hypothesis explains some characteristics of light very well, but others very poorly. Wave theory outstrips photon theory in explaining such phenomena as light's frequencies and diffraction patterns. But photon theory, which reduces light to a succession of particles, more effectively explains such subatomic phenomena as changes in an atom's orbital shell produced by the interaction of photons and electrons. Property theorists too can be viewed …
Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission
Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission
Maine Collection
LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.
Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.
Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
American Tools To Control The Illegal Movement Of Foreign Origin Archaeological Materials: Criminal And Civil Approaches, George W. Nowell
American Tools To Control The Illegal Movement Of Foreign Origin Archaeological Materials: Criminal And Civil Approaches, George W. Nowell
Syracuse Journal of International Law and Commerce
This article will focus on the merits of criminal sanctions, under the National Stolen Property Act (NSPA), as applied toward the control of the movement of foreign origin archaeological materials in the United States.