Cultural Heritage Law Commons^™

Diamonds Are Forever, As Are Trademarks: Articulating The Twists Of Section 43(A) Trade Dress Protection For Jewelry Designs Through The Facts Of David Yurman V. Mejuri, Daphne Singer

Celebrating WCL Student Authors

Introduction: 

Jewelry is adornment--adornment that has “spawned cultural movements, launched political dynasties, and even started wars.”This Article will analyze the application of Section 43(a) of the Lanham Act,which covers trade dress, to jewelry design. Trade dress law is a powerful tool for designers because it regulates the protection of designs rather than words.Despite this strength, trade dress has not been analyzed in the context of the jewelry industry because legal academics have dismissed jewelry as an accessory to fashion law. Luxury jewelry and watches are often used to convey status via “recognizable, distinguished designs that consumers associate with the particular …

Poison! An Africana Legal Studies Investigation Into Enslaved Africans And Their Deadly Roots, Angi Porter

Scholarly Articles in Law Reviews & Journals

This article is a murder investigation.

And a strange one, as the victims might be the suspects, and the suspects might be the victims. Or, even stranger, who we are calling the victims might be the enforcers of an entirely different justice system we did not initially see.

This is a cold case: we are investigating African people enslaved in the Province of Maryland during the eighteenth century. It is really a collection of cases—all cases of poisoning. These enslaved Africans were poisoning their enslavers. The incidents are described in legal records and newspapers. But what do these poisonings really …

The Exceptional Dead: Human Remains As Property, Non-Property, And Cultural Property In Armed Conflict, Ronald Alcala

American University Law Review

International humanitarian law mandates that the dead must be respected and protected in armed conflict. Among other things, parties to an armed conflict must ensure that the dead are treated with dignity and that their bodies are not despoiled, pillaged, mutilated, or otherwise maltreated. Not all human remains located on the battlefield, however, will have a direct nexus to the fighting. Some, like those of Prince Grigory Potemkin, a historical figure whose bones were seized by Russian forces from a Ukrainian church in 2022, might even pre-exist an ongoing conflict. Whether rules applicable to the dead apply to such remains …

The Art Of International Law, Hilary Charlesworth

American University International Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.

A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Farley

Contributions to Books

Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …

Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter

Scholarly Articles in Law Reviews & Journals

Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …

Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean

American University International Law Review

No abstract provided.

Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley

Scholarly Articles in Law Reviews & Journals

What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410