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Cultural Heritage Law Commons

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Articles 961 - 990 of 990

Full-Text Articles in Cultural Heritage Law

Introduction, Joseph L. Sax Jun 1992

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 Apr 1992

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 Apr 1990

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 Jun 1989

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 Jan 1988

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 Feb 1987

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 Jun 1986

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 Aug 1985

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. Oct 1984

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 Apr 1982

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 Jan 1982

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 Jan 1982

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 Oct 1981

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Preservation Lawyers - Untie, Robert E. Stipe Apr 1980

Preservation Lawyers - Untie, Robert E. Stipe

North Carolina Central Law Review

No abstract provided.


A Tribute To Robert Stipe, James Biddle Apr 1980

A Tribute To Robert Stipe, James Biddle

North Carolina Central Law Review

No abstract provided.


Why Preserve, Robert E. Stipe Apr 1980

Why Preserve, Robert E. Stipe

North Carolina Central Law Review

No abstract provided.


A Decade Of Preservation And Preservation Law, Robert E. Stipe Apr 1980

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. Apr 1980

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 Apr 1980

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 Apr 1980

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. Apr 1980

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 Apr 1980

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 Apr 1980

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. Oct 1979

Andus V. Allard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Historic Preservation--An Individual's Perspective, Mark Macdonald, Richard D. Simms Jan 1979

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 Jan 1977

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. Oct 1975

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 Jan 1974

The Preservation Of Historical Areas, Wilfrid A. Schroder

Kentucky Law Journal

No abstract provided.


Morton V. Ruiz, Lewis F. Powell Jr. Oct 1973

Morton V. Ruiz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


An Open Letter Proposing A School Of Cultural Legal Studies, Jerome Hall Dec 1951

An Open Letter Proposing A School Of Cultural Legal Studies, Jerome Hall

Journal of Legal Education

No abstract provided.