Cultural Heritage Law Commons^™

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current ...

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados

DePaul Journal of Art, Technology & Intellectual Property Law

The COVID-19 pandemic gave a boost to illegal excavations, thefts and illicit trafficking of cultural objects. The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects answers this problem by providing for the return of stolen and illegally exported cultural objects. The COVID-19 pandemic has created a new era of art trade. Due to the lockdown measures, art trade has been compelled to move to online platforms and this seems to be an irreversible change. UNIDROIT and its partner organisations have to consider the global health crisis as an opportunity to find adequate legal answers to the challenges of the ...

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Washington Law Review

This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their ...

Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn

University of St. Thomas Law Journal

No abstract provided.

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi

Faculty Scholarship

The deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to ...

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge ...

Legal Framework Of Cultural Landscape As A Listed Cultural Heritage In Taiwan, Chun-Hsi Wang

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

The cultural landscape has been protected as a cultural heritage in Taiwan since the amendment of the law in 2005. The definition in the law of 2005 was “the spaces and related environment of myths, legends, circumstances, historical events, community life, or ceremony”. However, the 2005 definition was ambiguous, which resulted in several unclear registered cases. For instance, some cases may have been registered as cultural landscapes but have buildings as their major attributes. This reflects the fact that the preservation of cultural heritage in Taiwan still focuses on the preservation of buildings, which highlights the difference between the concept ...

Significance, Opportunities And Challenges Of Cultural Landscape Conservation And Bhutan Heritage Bill – Unesco’S Experiences Of Bhutan, Roland Chih-Hung Lin

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

UNESCO was the first United Nations agency to deal with landscapes at a global scale, notably through the 1962 UNESCO Recommendation on the Beauty and Character of Landscapes and Sites and the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage. This article shares the knowledge and experience garnered by UNESCO through its conservation and management activities at Cultural Landscapes in Bhutan and highlights the urgent need for a cultural-historical-natural territory approach to address the pressing challenges for the conservation of Cultural Landscapes in Bhutan, and for a strong focus on the peoples and communities that inhabit ...

Evolution Of Landscape Scale Protection In Australia Since 1974, Jane Lennon

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

Australia ICOMOS found the Venice Charter principles to be universally sound but not applicable to an ancient landscape encompassing 60,000 years of Aboriginal occupation and modified by only 200 years of European settlement. In response, Australia ICOMOS members created the Burra Charter to deal with conservation of places of cultural significance, and in the years since 1981, it has been updated to reflect contemporary practice and improved understanding of intangible values. Although its principles and planning steps have been followed for large publicly-owned conservation landscapes such as national parks or for urban historic parks, the challenge is to apply ...

Cultural Landscapes In Aotearoa New Zealand – Decolonisation And Challenges, Nicola Short, Carolyn Hill

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

The first place to be inscribed on the UNESCO World Heritage list as a cultural landscape was Tongariro National Park in Aotearoa New Zealand. Despite this early acknowledgement in the international arena there is a weak theoretical understanding of cultural landscapes in Aotearoa, both in the legislative environment and management regimes (Short 2020). The current state of cultural landscapes in Aotearoa can be seen as an expression of the colonial systems and perspectives which dominate environmental and heritage planning.

The identification and application of heritage status and associated protections in Aotearoa with respect to cultural landscapes has a number of ...

When You Can't See The Trees For The Forest: An Analysis Of Heritage Tree Protection And The Implications For Nature Culture Integration, Elizabeth Brabec

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

Heritage trees provide a sense of permanency and sense of place, spiritual connections, and also a critical repository of a gene pool, climate adaptation history and future human resources. Characterized as the oldest and/or largest tree of a species, heritage or "champion" trees as they are often termed, contain a "library" of climate changes that have taken place over hundreds and in some cases thousands of years. But in the designation and protection of heritage trees, the criteria of ecosystem services and economic values are mentioned much more frequently in the legislation and research, than cultural or heritage values ...

Policy Challenges To Recognizing And Conserving Cultural Landscapes In The United States, Brenda Barrett

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

Cultural Landscapes have come late to the game in the US government’s historic preservation policy schemes. While the US National Park Service (NPS) established a documentation program - the Historic American Landscapes, landscapes are not specifically identified as a historic resource type to be recognized and protected by any of the existing statutory frameworks. In 2013 the NPS cultural resource leadership sought to remedy this deficiency by undertaking an extensive study, the National Register Landscape Initiative, with the goal of proposing legislative changes to the National Historic Preservation Act. Cultural landscapes would be added as a distinct property type to ...

A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray

FIU Law Review

The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate ...

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review ...

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by ...

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian ...