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Cultural Heritage Law Commons

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Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


International Art And Cultural Heritage Law, Kathleen Nandan, David Bright, Haley S. Anderson, Alexandra Harrington 2022 Southern Methodist University

International Art And Cultural Heritage Law, Kathleen Nandan, David Bright, Haley S. Anderson, Alexandra Harrington

The Year in Review

No abstract provided.


Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit 2022 Alexander Blewett III School of Law at the University of Montana

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current ...


Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp 2022 DePaul University College of Law

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price 2022 DePaul University College of Law

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados 2022 ELTE Eötvös Loránd University, Budapest

The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados

DePaul Journal of Art, Technology & Intellectual Property Law

The COVID-19 pandemic gave a boost to illegal excavations, thefts and illicit trafficking of cultural objects. The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects answers this problem by providing for the return of stolen and illegally exported cultural objects. The COVID-19 pandemic has created a new era of art trade. Due to the lockdown measures, art trade has been compelled to move to online platforms and this seems to be an irreversible change. UNIDROIT and its partner organisations have to consider the global health crisis as an opportunity to find adequate legal answers to the challenges of the ...


Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson 2022 Penn State Dickinson Law

Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson

Dickinson Law Review

The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation ...


How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Washington School of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Washington Law Review

This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their ...


Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn 2022 University of St. Thomas School of Law

Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn

University of St. Thomas Law Journal

No abstract provided.


Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton III 2022 Alexander Blewett III School of Law at the University of Montana

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.


Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi 2022 California Western School of Law

Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi

Faculty Scholarship

The deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to ...


A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski 2022 CUNY Lehman College

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge ...


Legal Framework Of Cultural Landscape As A Listed Cultural Heritage In Taiwan, Chun-Hsi Wang 2022 National Taipei University, Taiwan

Legal Framework Of Cultural Landscape As A Listed Cultural Heritage In Taiwan, Chun-Hsi Wang

ISCCL Scientific Symposia // Symposiums scientifiques de l'ISCCL // Simposios científicos de ISCCL

The cultural landscape has been protected as a cultural heritage in Taiwan since the amendment of the law in 2005. The definition in the law of 2005 was “the spaces and related environment of myths, legends, circumstances, historical events, community life, or ceremony”. However, the 2005 definition was ambiguous, which resulted in several unclear registered cases. For instance, some cases may have been registered as cultural landscapes but have buildings as their major attributes. This reflects the fact that the preservation of cultural heritage in Taiwan still focuses on the preservation of buildings, which highlights the difference between the concept ...


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