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University of Miami Law School

Articles

2011

CCPIA

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Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice Jan 2011

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 …