Cultural Heritage Law Commons^™

Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim

Washington International Law Journal

Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …

Casting Light On Cultural Property, John J. Costonis

Michigan Law Review

Theorists of private property invite comparison to theorists of light. For centuries, the latter have debated whether light is best understood as a wave or as a photon. The rivalry has been intense because each hypothesis explains some characteristics of light very well, but others very poorly. Wave theory outstrips photon theory in explaining such phenomena as light's frequencies and diffraction patterns. But photon theory, which reduces light to a succession of particles, more effectively explains such subatomic phenomena as changes in an atom's orbital shell produced by the interaction of photons and electrons. Property theorists too can be viewed …

Who "Owns" A Cultural Treasure?, Jason Y. Hall

Michigan Law Review

Because of the thoughtfulness of its arguments, the range and depth of its presentation of specific cases, and the fairness with which it reveals, thinks through, and allows some validity to opposing points of view, Playing Darts with a Rembrandt is a valuable contribution to understanding which parties have, and should have, rights in key objects that comprise our collective heritage. That I am not persuaded by some of the specific arguments in the book in no way reduces my admiration for what it accomplishes.

First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long

UIC Law Review

No abstract provided.

Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission

Maine Collection

LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.

Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.

Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials

Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White

Articles

My subject in this Essay is the relation between a text or other artifact and the tradition against which it acts. I want to begin by borrowing from a book that seems to me to represent a model-not the only model, of course, but a very good one-of a certain kind of cultural investigation. The book is Inventing Masks by Z.S. Strother, an art historian at Columbia University who specializes in African art. Its material subject is a set of face masks made by the Central Pende, an African people in what is now the Democratic Republic of Congo.

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

Monuments To The Past In A Leveling Wind, Benjamin Means

Michigan Law Review

Early in the twentieth century, the Emperor Franz Joseph sponsored a monument to Hungary's history - a Millennium Monument containing statues of the country's heroes, as well as statues of the proud sponsor and his family (p. 5). When the communists took over in 1919, the statues of Franz Joseph and the rest of the Hapsburgs were dragged out of the Millennium Monument and replaced with more politically correct statuary (p. 8). Counterrevolutionaries, though, retook the country and reinstated the Hapsburg Statues in the Millennium Monument - until a later regime once again reshuffled the millennial display (pp. 9-10). Professor …

Classic Films And Historic Landmarks: Protecting America's Film Heritage From Digital Alteration, 33 J. Marshall L. Rev. 185 (1999), Helen K. Gieb

UIC Law Review

No abstract provided.

Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs

Washington International Law Journal

Since the late 19th century, Japan has enacted a series of measures to protect its cultural heritage, most importantly the 1950 Law for the Protection of Cultural Properties. With subsequent amendments, the law today provides for the protection of both individual and groups of historical structures, landscapes, traditional crafts and skills, as well as national treasures. While these laws have saved many of the nation's foremost cultural resources, a substantial number of important historic structures, especially from the Meiji Period (1868) onward, have fallen through this legal safety net. This Article summarizes the evolution of Japan's cultural properties protection legislation, …

Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan

Washington International Law Journal

The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

Osgoode Hall Law Journal

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

This comment proposes adopting an internationally recognized standard of due diligence in reporting lost or stolen artworks utilizing the Internet. To insure that the proposed standard of due diligence is acceptable internationally, this Comment proposes the creation of a readily accessible database in which the theft of artworks is tracked utilizing the Internet. First this Comment briefly discusses the history of stolen artworks. Second, this Comment discusses the various legal standards the courts use in analyzing stolen art cases: statute of limitations, due diligence and adverse possession. To analyze the standards now used, four cases are discussed: O'Keeffe v. Snyder, …

International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers

Washington International Law Journal

In-situ and intra-national preservation of cultural property is threatened by a highly remunerative international black market. Despite the existing nexus of both domestic and international laws drafted to halt illicit trafficking in cultural property, black markets, such as ones in Southeast Asian art and artifacts, are thriving. This Comment examines whether the existing web of laws and regulations serve, in fact, to foster, rather than discourage, the continuance and growth of the art black market. Likening the destruction of rare cultural resources to the destruction of scarce natural resources, this Comment uses Garrett Hardin's game theory tragedy of the commons …

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Preserving A Place For The Past In Our Future: A Survey Of Historic Preservation In West Virginia, Megan M. Carpenter

West Virginia Law Review

No abstract provided.

At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission

Maine Collection

At Loggerheads : The State of Maine and the Wabanaki : Final Report of the Task Force on Tribal-State Relations.

Maine Indian Tribal-State Commission. Task Force on Tribal-State Relations.

Hallowell, Me., 1997.

Contents: Prologue / Task Force on Tribal-State Relations / Executive Summary / A.Overview / B.Recommendations / C.The Maine Indian Claims Settlement / D.The Maine Indian Tribal-State Commission / E.Findings and Analysis / Appendices

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

When It’S Ok To Sell The Monet: A Trustee-Fiduciary-Duty Framework For Analyzing The Deaccessioning Of Art To Meet Museum Operating Expenses, Jennifer L. White

Michigan Law Review

Contrary to the view adopted by current codes of ethics, this Note argues that courts should approve a museum director's use of proceeds from the sale of deaccessioned art to meet operating expenses if the director's conduct comports with the duties of trustees under the law of trusts. Part I explores possible organizational structures for museums, including the charitable trust and the nonprofit corporation. Part I also compares the fiduciary duties of museum managers under trust and corporate law. Part II argues that courts should apply trust-law principles both to trustees of charitable trusts and directors of charitable corporations26 because …

Large Binocular Telescopes, Red Squirrel Pinatas, And Apache Sacred Mountains: Decolonizing Environmental Law In A Multicultural World, Robert A. Williams Jr.

West Virginia Law Review

No abstract provided.

The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya

Publications

No abstract provided.

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.

Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson

Washington International Law Journal

The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …

The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin

Washington Law Review

Traditional legal mechanisms have failed to protect minority cultural integrity rights for the Tibetan people. Modem human rights law, however, offers a mechanism to protect cultural integrity through group autonomy. This Comment argues that the right to development can protect Tibetan cultural rights through such a claim for group autonomy over development.

Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee

University of Michigan Journal of Law Reform

In addition to challenging readers to help make the principle of self-determination a reality for indigenous peoples, this Article challenges indigenous leaders, especially those in the United States, to help formulate our collective vision of a sustainable future and to provide leadership in making that vision a reality. The United Nations has designated 1993 the International Year for the World's Indigenous Peoples, and this event will provide tribal leaders with opportunities to have their voices heard. Tribal leaders in the United States should take full advantage of these opportunities and step to the forefront of the movement to hasten the …

Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers

University of Michigan Journal of Law Reform

Part I describes the historical development of the Jewish kehilah, its subsequent evolution, and eventual dissolution. Part II surveys recent trends in legal scholarship which reflect a growing consciousness of the tension between the demands of self-conscious cultural groups and liberal legal principles.

Minority Cultures And The Cosmopolitan Alternative, Jeremy Waldron

University of Michigan Journal of Law Reform

I have chosen not to talk in this Article about the warning that Rushdie is sounding in his essay In Good Faith, but to discuss more affirmatively the image of the modern self that he conveys. Still, I hope that we do not lose sight of the warning. The communitarianism that can sound cozy and attractive in a book by Robert Bellah or Michael Sandel can be blinding, dangerous, and disruptive in the real world, where communities do not come ready-packaged and where communal allegiances are as much ancient hatreds of one's neighbors as immemorial traditions of culture.

Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh

University of Michigan Journal of Law Reform

Parts I and II discuss the preservation idea itself and the history of museums' participation in cultural preservation efforts. Parts III and IV then look specifically at the repatriation issue, providing some background on initiatives that have influenced peoples' thoughts and actions. Finally, Part V outlines and discusses some of the issues that have made resolution of the repatriation issue particularly complex.

Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens

University of Michigan Journal of Law Reform

In what follows, I will first offer a capsule history of Fiji. I then will identify some of the moral questions that emerge, both for the inhabitants of Fiji and for us as observers. I will present some tentative answers to these moral questions, reflecting as I go on what this tells us about the possibilities and limits of normative theory, but also trying to note where my normative judgments rest upon features of the story that I think others would want to contest and trying to indicate how alternative readings of the history would affect the normative judgments, if …