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Articles 1 - 4 of 4
Full-Text Articles in Cultural Heritage Law
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
Notre Dame Journal of International & Comparative Law
Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …
Cultural Heritage Law Between Truth And Power: Law's Evolution And Our Collective Cultural Interest In An Informational Economy, Felicia Caponigri Jd, Phd
Cultural Heritage Law Between Truth And Power: Law's Evolution And Our Collective Cultural Interest In An Informational Economy, Felicia Caponigri Jd, Phd
Notre Dame Law Review Reflection
Julie Cohen’s book, Between Truth and Power, analyzes our shift to an informational economy, the increasing presence of networked infrastructures that contest our traditional rule-of-law framework, and the important role transnational governance institutions play in this context. As subject-matter examples of the shift to an informational economy, Cohen spotlights labor, land, and money and inspires us to think about how tangible goods have become dematerialized and intangible and then reified again as information and how legal entitlements shape our complex interactions with these newly complex properties. Taking inspiration from Cohen’s spotlight on labor, land, and money, this Essay proposes …
Fashion's Brand Heritage, Cultural Heritage, And The Piracy Paradox, Felicia Caponigri
Fashion's Brand Heritage, Cultural Heritage, And The Piracy Paradox, Felicia Caponigri
Journal Articles
This Article explores the role that heritage has on our understanding of the appropriateness of intellectual property protection for fashion designs in light of Christopher Sprigman and Kal Raustiala’s seminal work in The Piracy Paradox. At times, heritage seems to both reinforce Sprigman and Raustiala’s argument that fashion thrives in a low-IP regime and, at other times, heritage challenges that argument. Taking Italian fashion design as a case study, this Article considers the intersection of brand heritage, cultural heritage, and intellectual property law and makes three central observations. First, that fashion designs reflecting brand heritage thrive in a low-IP regime. …
Revisiting Seminole Rock, Jeffrey A. Pojanowski
Revisiting Seminole Rock, Jeffrey A. Pojanowski
Journal Articles
The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
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/="/">This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at …