The Spirit Of Nagpra: The Native American Graves Protection And Repatriation Act And The Regulation Of Culturally Unidentifiable Remains, 2011 Chicago-Kent College of Law
The Spirit Of Nagpra: The Native American Graves Protection And Repatriation Act And The Regulation Of Culturally Unidentifiable Remains, Aaron H. Midler
Chicago-Kent Law Review
In March 2010, the U.S. Department of the Interior issued a final rule regarding the disposition of culturally unidentifiable human remains under the Native American Graves Protection and Repatriation Act (NAGPRA). The rule is controversial, as some commentators argue that the Secretary of the Interior lacks the authority under the statute to regulate these remains. This Note analyzes the legitimacy of the final rule in light of federal administrative law precedent as well as the origin and purpose of NAGPRA. It also discusses two well-known cases arising under the statute and the effect that the final rule will have on …
Who Are The Beneficiaries Of Fisk University's Stieglitz Collection?, 2011 Boston Univeristy School of Law
Who Are The Beneficiaries Of Fisk University's Stieglitz Collection?, Alan L. Feld
Faculty Scholarship
Most fiduciary relationships determine with specificity the beneficiaries of the fiduciary's activities. Not-for-profit entities, however, serve a class of unspecified beneficiaries and can exercise discretion in determining who to serve and how to serve them. This paper explores the limits of discretion that recent litigation established for Fisk University in balancing its educational mission and its administration of a valuable art collection donated decades earlier. The paper analyzes the case as it addresses respect for donor conditions, changes in circumstance, standing issues, the doctrine of cy pres and the designation of the appropriate class of public beneficiaries. Race and geography …
The Legal Process Of Cultural Genocide: Chinese Destruction Of Tibetan Culture V. U.S. Destruction Of Native American Culture, 2011 University of the District of Columbia School of Law
The Legal Process Of Cultural Genocide: Chinese Destruction Of Tibetan Culture V. U.S. Destruction Of Native American Culture, Evan Mascagni
University of the District of Columbia Law Review
No abstract provided.
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, 2011 University of Oklahoma College of Law
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth
American Indian Law Review
No abstract provided.
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, 2011 University of Miami School of Law
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Articles
No abstract provided.
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, 2011 American University Washington College of Law
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean
American University International Law Review
No abstract provided.
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, 2011 West Virginia University College of Law
Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green
West Virginia Law Review
No abstract provided.
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, 2011 University of Miami School of Law
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice
Articles
Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.
We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French automobile …
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, 2010 Chicago-Kent College of Law
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski
Chicago-Kent Law Review
This article explores the interaction between current intellectual property regimes and traditional knowledge and concludes that national laws currently in place inadequately protect traditional knowledge holders. When property rights are granted on traditional knowledge, the effects can extend not only to the indigenous communities, but to the surrounding ecosystems and the global market. Commercialization and increased demand leads to shortages in natural resources and increased prices. Therefore, in order to ensure that patent applicants are deterred from acquiring property rights in traditional knowledge, as well that traditional knowledge holders receive proper benefits for their labor and knowledge, this article advocates …
Justice As Play, 2010 Mercer University School of Law
Justice As Play, Jack L. Sammons
Mercer Law Review
I am interested here in using Johannes Huizinga's work on play, Homo Ludens, to explore a strange, yet civilizing, phenomenon. Why do we take those social disputes in our ordinary lives that often seem most serious and therefore most divisive, turn them over to playful participants in a legal game, and then choose, more or less, to call the outcome of this game justice and to trust it as such even to the point of preferring it to the political? Why, that is, do we think that it is justice that arises from this play?
This inquiry is not …
Historic Signs, Commercial Speech, And The Limits Of Preservation, 2010 University of Idaho College of Law
Historic Signs, Commercial Speech, And The Limits Of Preservation, Stephen R. Miller
Articles
No abstract provided.
Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, 2010 University of Miami School of Law
Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice
Articles
No abstract provided.
Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), 2010 John Marshall Law School
Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins
UIC Review of Intellectual Property Law
Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection …