Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Articles
This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these federal, state, and local laws. The examination raises significant questions about the permanency of preservation laws generally. This Article considers how historic significance is evaluated and valued, noting the lack of flexibility and absence of mechanisms for reevaluating past protection decisions. This Article uses the Confederate …
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice
Articles
Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.
We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French automobile …
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Articles
No abstract provided.
Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice
Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice
Articles
No abstract provided.