Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory,
2018
University of Washington
Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Edwin G. Lindo, Brenda Williams, Marc-Tizoc Gonzalez
Seattle Journal for Social Justice
No abstract provided.
Korematsu Overruled? Far From It: The Supreme Court Reloads The Loaded Weapon,
2018
Seattle University School of Law
Korematsu Overruled? Far From It: The Supreme Court Reloads The Loaded Weapon, Lorraine Bannai
Seattle Journal for Social Justice
No abstract provided.
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018,
2018
Roger Williams University School of Law
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: A Painful History 1-19-2018,
2018
Roger Williams University
Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Dismantling Monuments,
2018
University of Idaho College of Law
Dismantling Monuments, Richard Henry Seamon
Articles
The Antiquities Act of 1906 authorizes the President to "declare" certain objects "to be national monuments," and to "reserve parcels of land" to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President Donald Trump raise the question whether the Act impliedly authorizes such reductions or rescissions. The majority of legal scholars who have studied this question have said no, the Act does not grant such implied authority. This Article takes the contrary position. The President's authority under the …
Revisiting Seminole Rock,
2018
Notre Dame Law School
Revisiting Seminole Rock, Jeffrey A. Pojanowski
Journal Articles
The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at Seminole Rock …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates,
2018
St. Mary's University School of Law
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors,
2017
University of Washington School of Law
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
Washington International Law Journal
In September of 2016, Ahmad Al Faqi Al Mahdi was convicted in the International Criminal Court (“ICC”) for the intentional destruction of several World Heritage sites during the 2012 conflict in Timbuktu, Mali. This conviction was hailed as a breakthrough after years of frustration with the lack of enforcement of international laws prohibiting the destruction of cultural property. It was also the first conviction of its kind, and advocates of cultural preservation have celebrated it as a much-needed general deterrent in North Africa and the Middle East, where iconoclasm has become a favorite tactic of various state and non-state actors …
Historic Districts: Preserving The Old With The Compatible New,
2017
William & Mary Law School
Historic Districts: Preserving The Old With The Compatible New, Emma Brandt Vignali
William & Mary Law Review
No abstract provided.
Prosecuting Members Of Isis For Destruction Of Cultural Property,
2017
Office of the Prosecutor, United Nations Mechanism for International Criminal Tribunals
Prosecuting Members Of Isis For Destruction Of Cultural Property, Cody Corliss
Florida State University Law Review
This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of …
Blood Antiquities: Preserving Syria’S Heritage,
2017
IIT Chicago-Kent College of Law
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Chicago-Kent Law Review
The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …
Killing A Culture: The Intentional Destruction Of Cultural Heritage In Iraq And Syria Under International Law,
2017
University of Georgia School of Law
Killing A Culture: The Intentional Destruction Of Cultural Heritage In Iraq And Syria Under International Law, Caitlin V. Hill
Georgia Journal of International & Comparative Law
No abstract provided.
The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel,
2017
University of Georgia School of Law
The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke
Georgia Journal of International & Comparative Law
No abstract provided.
Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies,
2017
University of Washington School of Law
Traditional Ecological Disclosure: How The Freedom Of Information Act Frustrates Tribal Natural Resource Consultation With Federal Agencies, Sophia E. Amberson
Washington Law Review
When a federal or state agency administers environmental laws, such as the Endangered Species Act, the agency often consults with tribes. During these consultations, tribes often disseminate traditional ecological knowledge (TEK)—knowledge acquired by a tribe that is a mix of environmental ethics and scientific knowledge about tribal use. However, these consultations may be susceptible to disclosure under the Freedom of Information Act (FOIA). The purpose of FOIA is to inform the public. Because TEK often contains sensitive information about tribal social, cultural, psychological, and economic factors, tribes do not want this information available to those who are not members of …
Tribal Jurisdiction—A Historical Bargain,
2017
University of Maryland Francis King Carey School of Law
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence,
2017
University of Maryland Francis King Carey School of Law
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects,
2017
Seattle University School of Law
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross
American Indian Law Journal
No abstract provided.
How Photographs Infringe,
2017
S.J. Quinney College of Law
How Photographs Infringe, Terry S. Kogan
Utah Law Faculty Scholarship
Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such cases, the …
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016),
2017
Selected Works
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017),
2017
UIC School of Law
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru
UIC Review of Intellectual Property Law
The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would …
