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Cultural Heritage Law Commons

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Full-Text Articles in Cultural Heritage Law

Monuments Without Faces?, Shelby D. Green Jan 2023

Monuments Without Faces?, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Monuments take many forms and can serve several purposes. Typically associated with honor and a need to commemorate significant events, monuments seem to represent the ideas of the communities which house them. However, it remains to be seen whether all monuments represent a “good” memory. In this essay, the author seeks to comment on the concept of collective memory, specifically in the context of the history and experiences of marginalized groups in the United States. The author argues that monuments are a tool of promoting a collective memory: monuments are not part of history but rather part of the creation …


Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman May 2021

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 …


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla Jan 2021

Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla

Touro Law Review

No abstract provided.


The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter Aug 2019

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.


Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi Jul 2006

Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi

University of Michigan Journal of Law Reform

Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.


Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.