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Full-Text Articles in Law

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann Jan 2013

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.


How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann Jan 2013

How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.


Places Worth Saving: A Legal Guide To The Protection Of Historic Cemeteries In Louisiana And Recommendations For Additional Protection, Ryan M. Seidemann, Rachel L. Moss Jun 2009

Places Worth Saving: A Legal Guide To The Protection Of Historic Cemeteries In Louisiana And Recommendations For Additional Protection, Ryan M. Seidemann, Rachel L. Moss

Ryan M Seidemann

Cemeteries are considered by most cultures to be sacred spaces. These spaces contain the physical remains of human beings - generally the ancestors of a community - and are held to be inviolate in nature by many. Admittedly, this inviolate nature of cemeteries may be a belief of fairly recent antiquity in the Western world and human remains do not always win out in the “march of progress” when their final resting places are in the way of the expansion plans of the living. It is precisely this “march of progress” that now threatens these sacred and historically important sites …


Curious Corners Of Louisiana Mineral Law: Cemeteries, School Lands, Erosion, Accretion, And Other Oddities, Ryan M. Seidemann May 2009

Curious Corners Of Louisiana Mineral Law: Cemeteries, School Lands, Erosion, Accretion, And Other Oddities, Ryan M. Seidemann

Ryan M Seidemann

Although the legal issues discussed herein are varied, they can be reduced to a few cautionary principles. Do not disturb the dead. Make sure that any mineral activities that might impact cemeteries comply fully with Title 8 of Louisiana’s Revised Statutes. Watch out for school lands. Sixteenth section lands, generally, are not that confusing, but be aware of them when conducting title searches to ensure that leases are taken from and royalties are paid to proper parties. Be aware of water movements. The impact of natural and anthropogenic changes in waterways can affect ownership of mineral rights. Know who can …


Altered Meanings: The Department Of The Interior’S Rewriting Of The Native American Graves Protection And Repatriation Act To Regulate Culturally Unidentifiable Human Remains, Ryan M. Seidemann Oct 2008

Altered Meanings: The Department Of The Interior’S Rewriting Of The Native American Graves Protection And Repatriation Act To Regulate Culturally Unidentifiable Human Remains, Ryan M. Seidemann

Ryan M Seidemann

Since 1990, there has been much debate - within the governmental, scientific, Native American, and legal arenas - as to the applicability of the Native American Graves Protection and Repatriation Act (NAGPRA) to culturally unidentifiable human remains. This article concludes that there is no statutory authorization to apply NAGPRA to such remains by analyzing the history of NAGPRA, the Department of the Interior's (DOI) recent attempt to promulgate draft regulations on this topic and the years' worth of consideration of this topic by the NAGPRA Review Committee. These draft regulations, which would, if given effect, mandate the repatriation of virtually …


Blanco V. Burton: What Did We Learn From Louisiana's Recent Ocs Challenge?, Ryan M. Seidemann, James G. Wilkins Oct 2007

Blanco V. Burton: What Did We Learn From Louisiana's Recent Ocs Challenge?, Ryan M. Seidemann, James G. Wilkins

Ryan M Seidemann

In the aftermath of Hurricanes Katrina and Rita, the State of Louisiana set out to ensure greater protection of its coast. Among the approaches taken by the State was an ambitious law suit against the federal government that aimed to force more meaningful scientific studies of the impacts of Outer Continental Shelf oil and gas activities in federal waters. For years, the State had decried the damaging impacts of these activities on its coast, from oil spills to increased vessel wakes to the cutting of navigation canals through the wetlands. The State believed that the federal government could, and indeed …