Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag,
2020
University of Miami School of Law
A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger
University of Miami Race & Social Justice Law Review
Are the red bars found on Florida’s state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.
The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights,
2020
William & Mary Law School
The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad
William & Mary Journal of Race, Gender, and Social Justice
The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and social transformation. The convention, however, has been critiqued for the manner in which it attempts to manage intangible cultural heritage, with critics charging that the convention fosters a power structure that favors states and thereby threatens to marginalize indigenous peoples from control over their own cultures. Such criticism raises a question …
We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws,
2020
William & Mary Law School
We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws, Zachary Bray
William & Mary Law Review
Monuments and the laws that protect them divide Americans today as never before. American attitudes toward monuments have always been a blend of affection, insecurity, and suspicion. But Americans are now more invested in the built and natural monuments that surround us: to be for, or against, protecting certain monuments has now become a shorthand for one’s stance on a host of cultural and political issues. These changing attitudes have thrown American monument-protection laws into sharp relief. And many local, state, and federal legislators and executive officials have taken advantage of this opportunity to exploit America’s patchwork of monument-protection laws, …
Pills And Picasso: Evaluating The Proposed Liquidation Of The Detroit Institute Of Arts During The Detroit Bankruptcy,
2020
University of Michigan Law School
Pills And Picasso: Evaluating The Proposed Liquidation Of The Detroit Institute Of Arts During The Detroit Bankruptcy, Kevin Deutsch
Michigan Business & Entrepreneurial Law Review
Part I of this Note provides background information that is helpful for understanding the Detroit bankruptcy, the role of the DIA in the bankruptcy, and municipal bankruptcies in general. Part II evaluates equitable arguments against a sale of the DIA’s collection. Part III provides a rationale for a partial sale of the DIA’s collection.
Navajo Nation V. United States Department Of The Interior,
2020
Alexander Blewett III School of Law at the University of Montana
Navajo Nation V. United States Department Of The Interior, Adam W. Johnson
Public Land & Resources Law Review
The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.
Customary Law Of Indigenous Communities: Making Space On The Global Environmental Stage,
2020
University of Arizona James E. Rogers College of Law
Customary Law Of Indigenous Communities: Making Space On The Global Environmental Stage, Melissa L. Tatum
Michigan Journal of Environmental & Administrative Law
The high stakes often involved in controversies regarding who owns valuable natural resources and who has the authority to regulate environmental contaminants have resulted in fierce legal battles and struggles to establish and define international principles of law. Grand theoretical debates have played out on the international stage regarding the principle of free, prior, and informed consent and the legal contours of corporate social responsibility. Meanwhile, often under the radar, Indigenous people around the world have worked to create a sustained niche for their community and culture in the face of exploitation and environmental devastation at the hands of the …
Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?,
2020
University of Montana
Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.
From 'Wonderful Grandeur' To 'Awful Things': What The Antiquitiesact And National Monuments Reveal About The Statue Statutes And Confederate Monuments,
2020
University of Kentucky
From 'Wonderful Grandeur' To 'Awful Things': What The Antiquitiesact And National Monuments Reveal About The Statue Statutes And Confederate Monuments, Zachary A. Bray
Law Faculty Scholarly Articles
It may be easy, at least for some people who do not live near Confederate monuments in public spaces, to assume that these monuments represent little more than links to a shameful and long-ago past. From this assumption one might then view these monuments as a sort of last stand; the atavistic echo of a country that was, but is no longer, cemented into the present by their monumental form though ultimately doomed to erode in the undefined future. But, unpleasant though it may be to consider or admit, the truth is that many remaining Confederate monuments embody aspects of …
What Is "Government" "Speech"? The Case Of Confederate Monuments,
2020
University of Virginia
What Is "Government" "Speech"? The Case Of Confederate Monuments, Richard C. Schragger
Kentucky Law Journal
No abstract provided.
Collectors Beware: A Glimpse Into The High-Risk, High-Reward World Of Antiquities And Its Dark Underbelly,
2020
Sotheby's Institute of Art
Collectors Beware: A Glimpse Into The High-Risk, High-Reward World Of Antiquities And Its Dark Underbelly, Claire M. Purcell
MA Theses
The market for Antiquities often sparks fierce moral and legal debates amongst the public and professionals. What most do not concern themselves with is the unusually high level of risk the market functions under. From cultural heritage concerns, to the surprising abundance of fake Antiquities available for purchase, and the dark market entwined with legitimate business, the market is saturated with danger and yet continues to operate. This thesis will investigate how the market forces come together, considering the differing roles preformed by collectors, museums, auction houses, galleries, and Antiquities dealers. In an attempt to answer the question, how does …
Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through The Right Of Publicity, 20 Uic Rev. Intell. Prop. L. 31 (2020),
2020
UIC School of Law
Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through The Right Of Publicity, 20 Uic Rev. Intell. Prop. L. 31 (2020), Shannon Price
UIC Review of Intellectual Property Law
No abstract provided.
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process,
2020
New York University - Washington, D.C.
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd
Indiana Journal of Law and Social Equality
No abstract provided.
Legal Frameworks For Protecting Cultural Heritage In Conflict Zones,
2020
CUNY City College
Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat
Dissertations and Theses
Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement,
2020
Dalhousie University Schulich School of Law
Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
As cities redevelop and previously less desirable or marginalized portions of the city space are “retaken” by a city, areas that have provided affordable performance, rehearsal, and live/work space for the arts and culture sector are becoming increasingly less available for these uses. Focusing predominantly on the Canadian Civil Law and Common Law context with passing reference to other jurisdictions such as the US, Scotland, and the UK, this article explores techniques for managing the increased pressure on and increasingly rapid displacement of spaces of arts, culture, and community cultural wealth that is taking place in cities. To this end, …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Diagnosing The Ills Of American Monument-Protection Laws: A Response To Phelps And Owley's Etched In Stone,
2020
University of Kentucky
Diagnosing The Ills Of American Monument-Protection Laws: A Response To Phelps And Owley's Etched In Stone, Zachary A. Bray
Law Faculty Scholarly Articles
Like many other places in the United States, the town of Springfield, Kentucky, was repeatedly ravaged in the nineteenth century by cholera, a disease that is easily and swiftly communicable through feces-contaminated drinking water or food.Today, cholera is little thought of in this country—or at least it was little thought of until very recently, although it has persisted in many parts of the world through the present. But in the nineteenth century cholera outbreaks were a recurring disaster in American life, fueled by poor sanitation, medical ignorance, and racist, nativist, and religious prejudice.
Monumental Questions And How We Honor Them,
2020
University of Kentucky
Monumental Questions And How We Honor Them, Melynda J. Price J.D., Ph.D.
Law Faculty Scholarly Articles
We are in another moment where who and how we memorialize is being reconsidered in communities small and large. My colleague, Zachary Bray, and I proposed this symposium to the Kentucky Law Journal because the topic reflected our shared interests in the debate over memorials and which historical narrative should triumph in the public square. We arrive at the question from different intellectual paths, but the common concern is over when and how stakeholders can and will revise that narrative through the regulation of monuments. These revisions often come in the form of calls for, it not outright, removal outhouse …
We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws,
2020
University of Kentucky
We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws, Zachary A. Bray
Law Faculty Scholarly Articles
Monuments and the laws that protect them divide Americans today as never before. American attitudes toward monuments have always been a blend of affection, insecurity, and suspicion. But Americans are now more invested in the built and natural monuments that surround us: to be for, or against, protecting certain monuments has now become a shorthand for one’s stance on a host of cultural and political issues. These changing attitudes have thrown American monument-protection laws into sharp relief. And many local, state, and federal legislators and executive officials have taken advantage of this opportunity to exploit America’s patchwork of monument-protection laws, …
