Cultural Heritage Law Commons^™

The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry

Seattle University Law Review

If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …

“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark

Seattle University Law Review

When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …

A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, Peter B. Janci, Stephen F. Crew, Zachary Pangares

Seattle University Law Review

In 1855, representatives for the United States traveled to the Great Plains with orders to seek peace with Blackfoot Nation so the westward expansion of “civilized” white settlers could continue without interruption. After weeks of negotiations, the United States plan materialized. The terms of these promises were memorialized on October 17, 1855, in a treaty between the United States government and Blackfoot Nation.

One hundred and sixty-seven years later, representatives for the United States and the Blackfoot Nation convened in Rapid City, South Dakota to discuss the U.S. government’s breach of the treaty’s terms. Eight Native men, including three from …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Blood On The Tracks, Thomas D. Russell

Seattle University Law Review

Streetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.

This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.

Professor Gary Schwartz and Judge Richard Posner …

Towards Better Sharing Of Cultural Heritage — An Agenda For Copyright Reform: A Creative Commons Policy Paper, Brigitte Vézina, Susanna Ånäs, Carys Craig, Rebecca Giblin, Shanna Hollich, Revekka Kefalea, Paul Keller, Thomas Margoni, Ariadna Matas, Kristina Petrasova, Jonathan Poritz, Matthew Rimmer, Melissa Terras, Harry Thomass, Maarten Zeinstra

Commissioned Reports, Studies and Public Policy Documents

This paper is intended to act as a pillar and reference point for CC’s advocacy work in copyright reform in the cultural heritage context, with a focus on issues arising in the digital environment. It may serve to support members of the CC community in their own advocacy efforts, guide policymakers in their legislative processes, and inform anyone interested in the policy issues gravitating around access and reuse of culture and cultural heritage. It will likely be adapted into a GLAM Guide for Policymakers and will be augmented with real-life examples, case studies and practical advice. It starts with an …

Strategies Used In Translating The Fantastic Events In Venus Dari Kota Ille, Ria Rizkya, Arif Budiman

International Review of Humanities Studies

The fantastic (le fantastique) is a literary genre that originated from France, which has a specific characteristic of an ambiguous event that cannot be found in other literary works from other countries that introduce similar genres. This study discusses the translation strategies used to translate these fantastic events in Venus dari Kota Ille, the Indonesian translation version of the fantastic story of La Vénus d'Ille by Mérimée (1837). The objective of this research is to see what strategies the translator use in translating the fantastic events that are present in the French version that contained uncanny elements and whether these …

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.

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. …

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 …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo

South Carolina Law Review

No abstract provided.

Signs Of Ghost Appearance In Short Stories In Bataviaasch Nieuwsblad (1936-1939): Semiotic Analisys, Rufaida Rufaida, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018-2019 the production of the Indonesian ghost story is much in demand and favored, even in 2020 the ghost content on YouTube is still lively and salable in the Indonesian market. The existence of ghosts cannot be separated from the daily lives of Indonesians.The author is interested in exploring further how the signs of the emergence of a ghostly figure believed by the people in the colonial era. This study uses a descriptive qualitative method with an approach using the analysis of language semiotics from the perspective of Charles Sanders Peirce's semiotics theory. 5 ghost stories published by the …

Regional Disputation Between North Halmahera And West Halmahera Regencies, 2003-2010, Liliane Mojau

International Review of Humanities Studies

Ideally, the proliferation of the administrative region is aimed at improving the welfare of society. In reality, the proliferation of the administrative region often triggers the regional disputation. The regional disputation between the North Halmahera and the West Halmahera regencies is one of the cases that took a long time. There are six villages that contested in this regional disputation, namely Dum-Dum, Gamsungi/Akesahu, Akelamo Kao, Tetewang, Bobane Igo, and Pasir Putih. At first, the government of the North Halmahera and the West Halmahera regencies coordinated to settle their region boundaries. But it develops to the status issue of the six …

The Origin Of Beach Names In Tanjungsari: Toponymy Studies, Netiasa Adab, Frans Asisi Datang

International Review of Humanities Studies

This toponymy study discusses the origin names of beaches in Tanjungsari Subdistrict, Gunungkidul Regency, Yogyakarta which are spread in three villages, namely Kemadang, Ngestirejo, and Banjarejo. This research aims to documents the naming of beaches in the area and classifies the naming into three presuppositions meaning based on Nyström’s theory, which are categorical, associative, and emotive meaning. This study used a qualitative research method. Research data were collected by means of observation and interviews with Village Hall officials and the community. The results of this study can be used to add information that can be conveyed to tourists. The results …

Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman

International Review of Humanities Studies

The writing of public history has become one of the methods of history that have developed and are in great demand. The difference between history in general and public history is the selection of groups that are used as research sources. Through this research, the author find that public history can be used as a way to raise historical consciousness in Indonesia. Historical Consciousness relates to thinking of ourself in time as historical beings and being aware of belonging to a specific group with a particular history and identity. The current global pandemic presents a challenge for historians. Documenting the …

Schizophrenic Auditory And Visual Hallucinations In The Poem “Du Pyeon-Eui Jugeum”, Nadira Istirahmah, Lovelyta Panggabean, Eva Latifah

International Review of Humanities Studies

Although the mental health issue is often brought up as an interesting discussion topic for these past few years, negative stigmas towards people with psychological disorders, especially schizophrenia, still exist within society. However, by expressing self-acceptance and innermost thoughts in her poetry, Choi Seung-Ja succeeded in breaking the stigmas and lived her life as a schizophrenic poet. Based on this fact, this research aims to unfold the meaning of the auditory and visual hallucinations shown in Choi Seung-Ja’s poem entitled “Du Pyeon-eui Jugeum” and to explain the motives behind the creation of the schizophrenic aspects. In order to achieve these …

Using Portfolio As A Source Of Information About Learning Process, Rifa Andhini, Sisilia Setiawati Halimi Dr.

International Review of Humanities Studies

Alternative assessments are said to be suitable for young language learners, but are rarely used by language teachers from all educational levels. One of the causes is teachers’ lack of knowledge regarding the best ways to utilize alternative assessments. This research explores how an English teacher for young learners can use portfolio, an alternative assessment, as a source of information about learning process. Data from journal entries and stimulated recall sessions that focus on the participant’s lesson plans were collected every week to reveal how portfolio was used, while initial and final interviews were done to reveal the participant’s perception …

French Neologisms In Larousse Dictionary Of 2018 And 2019, Amelia Wahyu Julisdianti, Danny Susanto

International Review of Humanities Studies

Larousse is one of the most important and widely used French-language dictionaries. Larousse dictionary annually releases its new edition with the addition of on average 150 new words due to the appearance of new words, known as the phenomenon of neologism. The aim of this study is to identify how new words or neologisms in the Larousse dictionary edition of 2018 and 2019 were formed using a morphological approach. The analysis essentially uses the combination of theories of Lehmann & Martin-Berthet (1999) and Grevisse, M., & Goosse, A. (2007) on four types of word formation: derivation, composition, siglaison (acronym), and …

Rural Poverty And Its Impact In Shen Congwen’S Short Story The Husband, Ekawati Tyas Wahyuningsih, Nurni Wahyu Wuryandari

International Review of Humanities Studies

Shen Congwen (1902-1988) is a modern Chinese author and poet who is known for his native-soil literature (xiangtu wenxue). The short story The Husband (Zhangfu, 1930) is one of his works in native-soil literature. It tells a story about the character “Husband” who lived as a peasant in the barren and poor Huang Village. Like other husbands in the village, he sent his wife to work in the city to improve the family finances. At the end of the story, the character “Husband” decided to take his wife home to the village after he witnessed firsthand the life in the …

The JāTakamāLā Reliefs Of Borobudur: Beneficial And Insightful Acts In Adverse Times, So Tju Shinta Lee

International Review of Humanities Studies

This study is aimed to examine seven selected allegories of Āryaśūra’s Jātakamālā engraved in Candi Borobudur, to analyze the multiple aspects of the six perfections (pāramitās) exemplified in them and how these perfections are applied in day-to-day life. The literature study involved data collection triangulation to determine the extant Jātakamālā and pāramitā texts closest to the sources. Content analysis on the Jātakamālā texts and observation of its corresponding reliefs were carried out to identify the message and substantial points of each allegory. Both the actions and the motivation driving the character to perform such actions are considered. Using thematic analysis, …