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Articles 1 - 5 of 5
Full-Text Articles in Cultural Heritage Law
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 …
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 …
The Spirit Of Nagpra: The Native American Graves Protection And Repatriation Act And The Regulation Of Culturally Unidentifiable Remains, Aaron H. Midler
The Spirit Of Nagpra: The Native American Graves Protection And Repatriation Act And The Regulation Of Culturally Unidentifiable Remains, Aaron H. Midler
Chicago-Kent Law Review
In March 2010, the U.S. Department of the Interior issued a final rule regarding the disposition of culturally unidentifiable human remains under the Native American Graves Protection and Repatriation Act (NAGPRA). The rule is controversial, as some commentators argue that the Secretary of the Interior lacks the authority under the statute to regulate these remains. This Note analyzes the legitimacy of the final rule in light of federal administrative law precedent as well as the origin and purpose of NAGPRA. It also discusses two well-known cases arising under the statute and the effect that the final rule will have on …
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski
Chicago-Kent Law Review
This article explores the interaction between current intellectual property regimes and traditional knowledge and concludes that national laws currently in place inadequately protect traditional knowledge holders. When property rights are granted on traditional knowledge, the effects can extend not only to the indigenous communities, but to the surrounding ecosystems and the global market. Commercialization and increased demand leads to shortages in natural resources and increased prices. Therefore, in order to ensure that patent applicants are deterred from acquiring property rights in traditional knowledge, as well that traditional knowledge holders receive proper benefits for their labor and knowledge, this article advocates …
It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament
It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament
Chicago-Kent Law Review
History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …