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Articles 961 - 990 of 990
Full-Text Articles in Cultural Heritage Law
Introduction, Joseph L. Sax
Introduction, Joseph L. Sax
University of Michigan Journal of Law Reform
Reading through the articles in this Symposium is like walking deep into a dense forest. The experience is exhilarating but edged by a concern that the farther you go, the less sure you are of where you are. The articles here reveal the problem of cultural preservation in all its complexity and many-sidedness. This is not one of those symposia where the authors seek to outdo each other in self-condemnation for the wrongs perpetrated by colonial invaders on hapless indigenous people. Neither is it a lament for the assault on science by advocates of modish multiculturalism. The essays here are …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Heritage Preservation As A Public Duty: The Abbé Grégoire And The Origins Of An Idea, Joseph L. Sax
Heritage Preservation As A Public Duty: The Abbé Grégoire And The Origins Of An Idea, Joseph L. Sax
Michigan Law Review
Public responsibility for the conservation of artifacts of historic or aesthetic value is now acknowledged everywhere. One way or another the state will ensure preservation of a Stonehenge or a Grand Canyon as well as a great many lesser cultural icons. We have names for such things - "heritage" and "cultural property" are two of them; "patrimony" is a European counterpart - but these words have no very specific meaning. Many, but by no means all, of the objects we feel constrained to protect are old. They include human artifacts as well as natural objects or places. Though it is …
African Americans, Cultural Pluralism And The Politics Of Culture, Frederick Hord
African Americans, Cultural Pluralism And The Politics Of Culture, Frederick Hord
West Virginia Law Review
No abstract provided.
Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana
Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana
Other Publications
No abstract provided.
American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen
American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen
Michigan Law Review
For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …
The Trampas File, Joseph L. Sax
The Trampas File, Joseph L. Sax
Michigan Law Review
The Las Trampas reports are a refreshing dose of unsentimental discussion about community, culture, and tradition - subjects that are all too often submerged in bathetic wishful thinking.
Thinking About The Elgin Marbles, John Henry Merryman
Thinking About The Elgin Marbles, John Henry Merryman
Michigan Law Review
In the early nineteenth century, a British Lord removed much of the sculpture from the Parthenon and shipped it to England. Housed in the British Museum and named after their exporter, the Elgin Marbles have become a source of international controversy. The Greeks wish to see the Marbles returned to the Acropolis and their position is supported by a growing movement seeking the repatriation of cultural property. The Elgin Marbles are representative of the many works of art in the world's museums and private collections that could be subject to repatriation. Rejecting the emotional appeal of the Greek position, Professor …
United States V. Dann, Lewis F. Powell Jr.
United States V. Dann, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein
Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein
Faculty Publications
No abstract provided.
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis
Michigan Law Review
This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …
Native Americans Versus Archaeologists: The Legal Issues, C. Dean Higginbotham
Native Americans Versus Archaeologists: The Legal Issues, C. Dean Higginbotham
American Indian Law Review
No abstract provided.
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Preservation Lawyers - Untie, Robert E. Stipe
Preservation Lawyers - Untie, Robert E. Stipe
North Carolina Central Law Review
No abstract provided.
A Tribute To Robert Stipe, James Biddle
A Tribute To Robert Stipe, James Biddle
North Carolina Central Law Review
No abstract provided.
Why Preserve, Robert E. Stipe
A Decade Of Preservation And Preservation Law, Robert E. Stipe
A Decade Of Preservation And Preservation Law, Robert E. Stipe
North Carolina Central Law Review
No abstract provided.
Large-Scale Commercial Adaptive Use: Preservation Revitalizes Old Buildings - And New Ones Too, Arthur P. Ziegler Jr.
Large-Scale Commercial Adaptive Use: Preservation Revitalizes Old Buildings - And New Ones Too, Arthur P. Ziegler Jr.
North Carolina Central Law Review
No abstract provided.
Reaffirmation Of Local Initiative: North Carolina's 1979 Historic Preservation Legislation, Keith N. Morgan
Reaffirmation Of Local Initiative: North Carolina's 1979 Historic Preservation Legislation, Keith N. Morgan
North Carolina Central Law Review
No abstract provided.
Revolving Funds: In The Vanguard Of The Preservation Movement, J. Myrick Howard
Revolving Funds: In The Vanguard Of The Preservation Movement, J. Myrick Howard
North Carolina Central Law Review
No abstract provided.
Preservation Law 1979-1980: Faction, Property Rights, And Ideology, James P. Beckwith Jr.
Preservation Law 1979-1980: Faction, Property Rights, And Ideology, James P. Beckwith Jr.
North Carolina Central Law Review
No abstract provided.
An Annotated List Of Major Historic Preservation Court Decisions, Stephen N. Dennis
An Annotated List Of Major Historic Preservation Court Decisions, Stephen N. Dennis
North Carolina Central Law Review
No abstract provided.
The North Carolina Historic Preservation And Conservation Agreements Act: Assessment And Implications For Historic Preservation, Michelle Rippon
The North Carolina Historic Preservation And Conservation Agreements Act: Assessment And Implications For Historic Preservation, Michelle Rippon
North Carolina Central Law Review
No abstract provided.
Andus V. Allard, Lewis F. Powell Jr.
Historic Preservation--An Individual's Perspective, Mark Macdonald, Richard D. Simms
Historic Preservation--An Individual's Perspective, Mark Macdonald, Richard D. Simms
Kentucky Law Journal
No abstract provided.
A Challenge To Historic Preservation In Kentucky, Dale Deborah Brodkey
A Challenge To Historic Preservation In Kentucky, Dale Deborah Brodkey
Kentucky Law Journal
No abstract provided.
Moe V. Confederated Salish And Kootenai Tribes Of Flathead Reservation, Lewis F. Powell Jr.
Moe V. Confederated Salish And Kootenai Tribes Of Flathead Reservation, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Preservation Of Historical Areas, Wilfrid A. Schroder
The Preservation Of Historical Areas, Wilfrid A. Schroder
Kentucky Law Journal
No abstract provided.
Morton V. Ruiz, Lewis F. Powell Jr.
An Open Letter Proposing A School Of Cultural Legal Studies, Jerome Hall
An Open Letter Proposing A School Of Cultural Legal Studies, Jerome Hall
Journal of Legal Education
No abstract provided.