Cultural Heritage Law Commons^™

Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry

Journal of Maya Heritage

Archaeologists Without Borders of the Maya World (AWBMW) is a Mexican non-profit organization focused on promoting and preserving Mayan history, particularly archaeological sites and tangible culture. To assist its mission, AWBMW wants to be able to solicit donations from U.S. entities to assist in spreading awareness of Maya culture worldwide. Using the U.S. tax code and laws from state of Georgia, this article outlines the legal steps and strategies a foreign non-profit organization must consider when desiring to start a non-profit organization in the United States. Strategies on opening a U.S. branch of an existing foreign non-profit, linking a new …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski

Tribal Law Journal

The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …

“Subsistence Is Cultural Survival”: Examining The Legal Framework For The Recognition And Incorporation Of Traditional Cultural Landscapes Within The National Historic Preservation Act, Wesley James Furlong

Tribal Law Journal

Over the past thirty years, Tribes have exercised growing influence in federal land management and permitting decisions, precipitated, in part, by amendments to the National Historic Preservation Act (“NHPA”) and evolving perspectives in cultural resource management and historic preservation. Despite the increased influence Tribes have gained in federal decision-making processes with the NHPA, it is often an ineffective tool to protect tribal cultural resources. Indigenous cultural resources and perspectives on cultural resource stewardship often do not fit easily within the NHPA’s framework. Nevertheless, until federal law is changed to actually protect Indigenous cultural resources, Tribes must operate within this existing …

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …

Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.

Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart

Catholic University Law Review

The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …

Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson

University of Cincinnati Law Review

No abstract provided.

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Making Waves: How Mandated Arbitration Could Better Address Cultural Heritage And Bring Treasure Salvage Law Into The Twenty-First Century, Megan C. Bodenhamer

William & Mary Law Review

This Note argues that American treasure salvage law should implement the modern legal techniques of Alternative Dispute Resolution—specifically arbitration—to address the modern problems surrounding treasure salvage law. Part I of this Note provides an overview of the law governing treasure salvage law. This includes common law principles called the law of finds and the law of salvage as well as the governing United States law and international treaties. Part II will outline the problems with the current standing of treasure salvage law, particularly how it fails to address modern cultural heritage considerations such as scientific advancement and the proliferation of …

Rescaling City Property, Amnon Lehavi

Arkansas Law Review

This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.

Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.

Quantum Copyright Law: Schrödinger’S Cat, Banksy’S Shredder, And Art On The Edge, Richard Chused

Northwestern Journal of Technology and Intellectual Property

An object has been assembled by artists I know that presents a fascinating set of conundrums about the relationships between quantum physics, shredders, random surprises, the value of art, and copyright law. Seems fantastical, right? And so it is. The object of concern is a metal box a little under four feet tall, about eighteen inches deep, and a bit less than three feet wide. The box is welded together along all twelve of its edges. It has an opening across one side. And there is a small control panel on top.

Before the box was welded shut, a set …

Mining And The Protection Of Aboriginal Heritage In South Australia, Alex Wawryk

William & Mary Environmental Law and Policy Review

In 2020, the multinational mining company Rio Tinto destroyed 46,000-year-old Aboriginal rock paintings in Juukan Gorge, Western Australia, to national and international outrage. The incident led to an explosion of concern in Australia regarding the adequacy of domestic laws that aim to protect Aboriginal cultural heritage from the impacts of resource exploitation. This Article explains and critically analyzes the legislative and regulatory framework for the protection of Aboriginal heritage in relation to mining in South Australia. It demonstrates the complexity of the legal and regulatory regime, identifies a number of significant flaws in the key act designed to protect Aboriginal …

His Ship Has Sailed--Expelling Columbus From Cultural Heritage Law, Emily Behzadi

Vanderbilt Journal of Transnational Law

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “Pre- Columbian.” “Pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean islands. In fact, this definition …

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.

Solenex, Llc V. Haaland, Jennifer Kieffer Jensen

Public Land & Resources Law Review

In 1982, BLM issued an oil and gas lease in the Badger-Two Medicine to Solenex’s predecessor. The Badger-Two Medicine, located in the Lewis and Clark National Forest, is an area of cultural and spiritual importance to the Blackfeet Tribe. After four decades of disagreement as to whether the lease was validly issued, the Secretary of the Interior found that the lease violated the National Historic Preservation Act. Accordingly, she canceled Solenex’s lease and revoked Solenex’s Application for Permit to Drill. The District Court for the District of Columbia held the Secretary did not possess the authority to cancel Solenex’s lease. …