Cultural Heritage Law Commons^™

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.

Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Decommodifying Cultural Heritage: A Linguistic Unpacking Of "Cultural Property", Zoe Creamer

William & Mary Law Review

The complex history of cultural property regulation in the United States, discussed below, suggests a lack of consensus regarding the definition of the legislation’s target. However, as this Note argues, it is futile to attempt crafting a precise definition of the objects qualifying for protection under such legislation without first addressing the dueling interests inherent in the operative words. An examination of the various aims of cultural property legislation reveals two competing goals. On one side exists the desire to protect cultural heritage for the world’s enrichment, and on the other is the desire to protect private ownership rights. These …

When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh

William & Mary Law Review

This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.

Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III …

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Arizona V. Navajo Nation, Sarah K. Yarlott

Public Land & Resources Law Review

Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.

A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain

Wyoming Law Review

During Colonization, American Indian tribes lost homes, language, and culture. The Native American Grave Protection and Repatriation Act (NAGPRA) was passed to help rebuild the relationship with American Indian tribes after it had been destroyed during colonization. NAGPRA sets forth laws regarding the repatriation of remains and cultural objects which are being held in museums and by federal agencies. The legislative history behind this act shows Congress worked hard to find the best device to help with repatriation. However, NAGPRA’s language left holes in the law which led to different issues argued in litigation. Many American Indians began feeling that …

Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi

International Review of Humanities Studies

Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …

The Semantic Field Of “Love” In Javanese Language, Larasati Mauli Amane Hendryanto, Widhyasmaramurti Widhyasmaramurti

International Review of Humanities Studies

This research delves into the extensive lexicon of the Javanese language, specifically focusing on expressions related to feelings of love. The presence of multiple Javanese lexicons denoting love poses a significant challenge, prompting the central question: What are the semantic nuances that distinguish each lexicon, given the absence of absolute synonyms? The research aims to elucidate the semantic fields that differentiate each love-related lexicon in Javanese. Data for this research is drawn from four distinct Javanese dictionaries, spanning various publication periods. Additionally, the study incorporates diverse data sources, including a book titled "Antologi Cerita Pendek Bahasa Jawa di Yogyakarta …

The Manifestation Of Misogyny In The Pick Me Boy Trend On Tiktok Indonesia, Ying Wang, Mina Elfira

International Review of Humanities Studies

Misogyny is hatred, contempt, or prejudice against women or girls. It is a form of sexism used to keep women in a lower social status than men, thereby maintaining patriarchal social roles. Hegemonic masculinity is the most exalted configuration of gender practices that legitimizes patriarchy. This article draws on the framework of Raewyn Connell's theory of masculinity and Kate Manne's concept of misogyny to discuss the phenomenon of Indonesian TikTok videos with the hashtag “Pick Me Boy” or #Pick Me Boy. Pick Me Boy challenge traditional masculinity to gain women's attention, and then demean women if rejected. This article uses …

Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D

International Review of Humanities Studies

The concept of multiculturalism has become a keyword of contemporary Korean society. The influx of migrants has made Korea could not escape becoming an ethnically diverse nation and a multicultural society. This study aims to understand the concept of Korean multiculturalism through migrant workers and marriage migrants by examining their life in Korea including what kind of issues the migrants have been encountered and how was the effort of Korean government in tackling those issues. It found that the government occupied an important position in leading multiculturalism in Korea as it was the one who promoted Korea's moving towards multiculturalism …

Absent But Present: Propaganda Strategies Of The Japanese Occupation In Indonesia As Narrated In Kamishibai In Djawa Baroe Magazine, Rouli Esther Pasaribu

International Review of Humanities Studies

This paper investigated the propaganda strategies in kamishibai (a paper play) story telling in Djawa Baroe Magazine. This study employed text analysis methods and propaganda theories from Jowett and Donnell on the seven kamishibai and found the following propaganda strategies. First, Western powers were portrayed negatively. Second, Japan was not explicitly featured in kamishibai stories. Third, local cultural elements in Javanese culture were used to convey propaganda messages. These findings indicate that entertainment media, such as kamishibai, can be used as propaganda media and subtly inserted using specific trivial strategies.