Law Commons^™

Children's Character Education Through Bondhan Payung Dance, Ari Prasetiyo

International Review of Humanities Studies

Education, especially children's character education, is very important. Education can be carried out in formal and non-formal educational institutions. One of the learning media that can be used is through traditional cultural arts.The traditional Javanese cultural art that is the object of this research is the Bondhan Payung dance, which is taught at Sanggar Ayodya Pala Cibinong and PPKB FIB UI. The selection of Bondhan Payung dance as the object of research with the consideration that in Bondhan Payung dance contained teaching values that are important for teaching children's character.This research uses a qualitative approach by applying the concept of …

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. …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

Post-War Culture And Reconciliation: From Optimism To Resilience, Michel Abou Khalil

BAU Journal - Society, Culture and Human Behavior

Culture and Post-War Reconciliation: from Optimism to Resilience. At the end of the civil war, Lebanon tried to rebuild itself but fairly quickly wars, assassinations, repeated political crises and an influx of refugees weakened it. From 2019, it is downright descent into hell with an aborted popular revolt and a whole series of financial, economic and health disasters culminating in the explosion of August 4, 2020, which transformed it into a true martyr nation. Once again, the Land of the Cedars falls back into the cycle of the absurd, even into the circularity of the myth of Sisyphus, going so …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

L’Art Post-Catastrophe : Un Témoin Activiste, Michel Abou Khalil

BAU Journal - Society, Culture and Human Behavior

Le Liban, un pays riche artistiquement et intellectuellement, est la scène par excellence d’un enchainement de catastrophes depuis sa naissance jusqu’à nos jours. L’explosion du port de Beyrouth le 4 Août 2020 en constitue l’ultime épisode et peut-être le plus dramatique de tous. Un phénomène inédit s’est révélé suite à cette tragédie sans précédent : la scène culturelle s’est immédiatement mobilisée sans passer par une étape mnésique post catastrophe comme c’est en général le cas après un désastre. Que s’est-il passé ? Pourquoi une telle urgence ? Comment les artistes ont-ils utilisé leur créativité pour exprimer l’indicible, le penser, en …

The Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson

Geifman Prize in Holocaust Studies

How art museums approach NLA is important today because much of the public relies on museums for their education. NLA cases are especially controversial because they are not only legal battles, but ethical ones so museums have to be extra careful approaching them. Even if the museum has won the legal battle the public may not see them as winning the ethical one therefore they might want to avoid displaying this information to the public. However, as we can see with the previous websites, it actually looks worse for museums not to be open and honest about their NLA pieces …

Seventeen Pieces: Displacement, Misplacement, And Conservation, Yasmin Merali, Kevork Mourad, Manas Ghanem

New England Journal of Public Policy

This article explores the systemic importance of art in the conservation of images, historical reference, and cultural meaning as displaced victims of humanitarian crises make the transition from the land of their birth to a new country with a different history and cultural landscape. In presenting the work of Kevork Mourad, an artist of Armenian descent displaced from Syria, we show the essential, layered interplay of visceral, lived individual experiences and the historic collective memory of real and imagined pasts that survive the destruction of physical artifacts.

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles

Jeffrey John Miles

This paper evaluates the interordinal web of international cultural property law as applied in the United States. The work explores problematic areas where law fails to adequately protect against illicit trade in cultural property from art to artifacts. The complexity in this area stems from the often opaque movements of cultural property and the overlapping legal regimes of foreign nation states and domestic federal and state laws. After evaluating the structure of these laws as applied in the United States, I propose solutions to improve coverage where lacunas exist.

Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard

Faculty of Law, Humanities and the Arts - Papers (Archive)

There is madness in species extinction. The horn has been removed from the last male northern white rhino on earth and he has two armed guards 24 hours a day. The huia in New Zealand were killed off by the desire for white-tipped tail feathers in Victorian hats. We fear the extinction of rhinos, we mourn the extinction of the huia, yet we might need reminding to also show concern for the extinction of the dung beetle. This paper looks at the ways that artists are engaging with these difficult events. By placing Gayatri Spivak's call for a planetarity of …

Old Sites, New Visions: Art And Archaeology Collide In Cyrus, Christopher J. Barker, Diana Wood Conroy

Faculty of Law, Humanities and the Arts - Papers (Archive)

Over the past two decades Australian archaeologists have been slowly uncovering the World Heritagelisted ancient theatre site at Paphos in Cyprus. The Hellenistic-Roman period theatre was used for performance for over six centuries from around 300 BC to the late fourth century AD. There is also considerable evidence of activity on the site after the theatre was destroyed, particularly during the Crusader era.

Reflections On Motion Picture Evidence, Brian L. Frye

Law Faculty Scholarly Articles

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.

Reframing Pictures: Reading The Art Of Appropriation, Liz Linden

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter

Law Faculty Scholarship

The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the majority …

The Art Looting Investigation Unit: Finding Their Place In World War Two History, Marykate Farber

Honors Theses

This thesis examines the work done by the Art Looting Investigation Unit (ALIU) during World War Two. The ALIU was created as a subdivision of the Office of Strategic Services (OSS), an American intelligence unit created during the war that was the predecessor of the Central Intelligence Agency. The ALIU men sought to collect and build on information regarding the Nazi “art looting machine”. As such, they bore a strong resemblance to the activities of the Museum and Fine Arts and Archives (MFAA) commission (known as the “Monuments Men”). Thanks to a recent movie starring Matt Damon and George Clooney, …

Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi

Copyright, Fair Use, Scholarly Communication, etc.

The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …

Trace 2015: Biennial Exhibition And Art Auction In The Streets Of 4101 (Broken Memories), Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

Her art explores the materiality of images – in particular painting, as an earthen testimony figured from the ground that speaks of the primal frontiers of art, such as material transformation, as well as environmental contingencies. In this context, her work avoids dogmatism by depicting protean and rubric worlds.

Book Review: Constructing An Avant Garde: Art In Brazil, 1949-1979 By S. Martins, Michael Leggett

Faculty of Law, Humanities and the Arts - Papers (Archive)

To anyone unfamiliar with the interventions made by avant-garde artists into the art world and occasionally wider society during the middle of the 20th century, this volume delivers a very readable account. The artists, the objects they made and the discussions they generated are selected here in relation to the particular practices and contexts emergent in Brazil following the chaos of World War II (during which the country remained neutral). In keeping with a historiographical approach—rather than an art historical account—the author introduces an initial group of Brazilian artists attracted to ideas concerned with the nature of the object in …

Travels With My Art: Moya Dyring And Margaret Olley, Melissa J. Boyde

Faculty of Law, Humanities and the Arts - Papers (Archive)

Moya Dyring (1909–1967) was born in Melbourne where she studied at the National Art School. After a successful solo show of her early experimental cubist paintings, she travelled to France where she remained for most of her life. From 1949 Dyring lived in an apartment/studio on the Ile Saint-Louis, a small island on the Seine behind Notre Dame. The apartment became widely known as Chez Moya - an Australian salon in the heart of Paris. Over the next two decades Dyring hosted a transient coterie of Australian artists at Chez Moya. Margaret Olley was one of the young artists who …

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …

Feminism And Art: Unexpected Encounters, Susan (Su) Ballard, Agnieszka Golda

Faculty of Law, Humanities and the Arts - Papers (Archive)

Since the revolutions of the 1960s, feminism and art have created spaces for thinking and rethinking the links between gender and creativity. Art has been challenged both within and without the frame, as artists and feminists disrupt and complicate pre-established modes of production and representation.

Signal Eight Times: Nature, Catastrophic Extinction Events And Contemporary Art, Su Ballard

Faculty of Law, Humanities and the Arts - Papers (Archive)

Human animals bought up in the Western tradition tend to describe their encounters with other species as exchanges of power, and when confronted with extinction rush to the defence of the species at risk. This essay documents a different approach to the defence of nature. Basing itself on the work of six contemporary artists and drawing on the thought of Donna Haraway and Gregory Bateson I show how it is possible to comprehend the catastrophic extinction of birds in New Zealand by thinking about ecology. I argue that rather than defend nature, these artworks stage small moments of encounter, which …

Contemporary Indigenous Art, Ian A. Mclean

Faculty of Law, Humanities and the Arts - Papers (Archive)

A new exhibition of the NGV's collection of Indigenous and Torres Strait Islander art explores Indigenous art history and culture from the early nineteenth century to now. Situating this display within broader contemporary art issues, Professor Ian McLean sheds light on the art market's recent past and potential future.

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Book Review: The Art Of Censorship In Postwar Japan. Studies Of The Weatherhead East Asian Institute. By Kirsten Cather, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

The practice of censorship is a divisive issue that is often justified on moral reasons rather than aesthetic or legalistic ones. It is perhaps because of the claims to morality rather than to the law that it is relatively rare for censorship (or more accurately in Japan’s case, obscenity) to be the subject of criminal trials. Yet, in Japan, from the occupation years through to the present day, there has been on average one high profile censorship trial per decade. In The Art of Censorship in Postwar Japan, Kirsten Cather considers seven such censorship trials held between the 1950s and …

From Camp To Gay To Queer: David Mcdiarmid And Hiv/Aids Art, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers (Archive)

At the end of July, Melbourne hosted the 20th International AIDS Conference. A huge red AIDS 2014 sign perched on the Swanston Street Bridge between Flinders Street Station and the Melbourne Concert Hall.

The Global AIDS Village was in action at the other end of Southbank with a variety of displays from HIV/AIDS organisations from all over the world. One of the many associated events was the marvellous exhibition of gay artist David McDiarmid’s work, When This You See Remember Me. It is still on display at the National Gallery of Victoria (NGV).

For a brief moment the HIV/AIDS epidemic …