Cultural Heritage Law Commons^™

Introduction: The Power Of Stories: Gloucester Tales, Susan Ayres

Faculty Scholarship

For a second year, scholars made a pilgrimage to Gloucester for a three-day academic conference sponsored by Texas Wesleyan Law School, the University of Gloucestershire, and the Central Gloucester Initiative. This year's conference theme, "The Power of Stories: Intersections of Law, Culture and Literature," was inspired by the medieval folktale about Dick Whittington and his cat. While the City of Gloucester planned various events to celebrate the 400th anniversary of the folktale, such as a re-enactment of Dick Whittington's pilgrimage from Gloucester to London, conference organizers in both the United States and England planned a thought-provoking conference.

They did not …

"Straight Stealing": Towards An Indigenous System Of Cultural Property Protection, Angela R. Riley

Washington Law Review

Incidents involving theft of indigenous peoples' traditional knowledge and the blatant appropriation of culture have become more widely acknowledged in recent decades. It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups. However, tribal law, which provides vital cultural context, must serve as the foundation. Unlike top-down legal systems, tribal laws reflect tribal economic systems, cultural beliefs, and sensitive sacred knowledge in nuanced ways that national and international regimes simply cannot. Accordingly, this Article offers two central reasons why the development of tribal law is critical for indigenous peoples …

How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, 5 J. Marshall Rev. Intell. Prop. L. 1 (2005), Susan P. Liemer

UIC Review of Intellectual Property Law

The Visual Artists Rights Act (“VARA”) is a piece of modern legislation preceded by a rich history, with a significant gap. As early as the 1400’s, patents were offered as economic incentive to develop new processes in the trades and applied arts. By the 1700’s, the Statute of Anne became the first statute to protect the literary work of individual creators. The Engravers’ Act of 1735 soon followed, expanding this protection to include the first works of visual art and providing the precursor to the modern right of integrity. Millar v. Taylor was the landmark case that alluded to moral …

The Choice Between Civil And Criminal Remedies In Stolen Art Litigation, Jennifer A. Kreder

Vanderbilt Journal of Transnational Law

This Article analyzes the patchwork of legal remedies available to persons claiming ownership of Nazi-looted art. This Article demonstrates that the use of the NSPA via criminal prosecutions or civil forfeiture proceedings provides a claimant with great advantages over the present-day possessors of the art. Part II analyzes the criminal remedies used to punish thieves and restore the art to its original owners or their heirs. Part III analyzes the use of the civil forfeiture mechanism--a hybrid of criminal and civil remedies--in pursuit of restoring art to claimants.

Part IV concludes that criminal prosecutions or civil forfeiture proceedings premised on …

Globalization And National Culture: Recent Trends Toward A Liberal Exchange Of Cultural Objects, Kurt G. Siehr

Vanderbilt Journal of Transnational Law

In discussing trends toward liberal exchange of cultural objects, it must be stressed that the exchange should be a legal exchange. This, however, is not easy to define because legal systems differ with respect to the qualifications of legality of art trade. Since United States v. Schultz, there is less of a disparity between Europe and the United States as to the characterization of illegal excavations as a kind of theft in countries claiming that archaeological finds are state property. Also, with respect to export prohibitions, there is not much disagreement so far: in all countries, foreign export prohibitions are …

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

Book Review, S. James Anaya

Publications

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