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Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.

Protecting Cultural Property Through Provenance, Christopher D. Cutting

Seattle University Law Review

This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …

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In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …