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We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws, Zachary A. Bray 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, …


Diagnosing The Ills Of American Monument-Protection Laws: A Response To Phelps And Owley's Etched In Stone, Zachary A. Bray 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.


Written In Stone: The Meaning Of Public Monuments And Whether They Remain Or Go, Sanford Levinson 2020 University of Kentucky

Written In Stone: The Meaning Of Public Monuments And Whether They Remain Or Go, Sanford Levinson

Kentucky Law Journal

No abstract provided.


Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear 2020 New York Law School

Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear

Articles & Chapters

The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, …


In Memory Of Professor James E. Bond, Janet Ainsworth 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.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross 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, …


Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. McCulloch 2019 Alexander Blewett III School of Law at the University of Montana

Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.


Wildearth Guardians V. Zinke, Emily M. McCulloch 2019 Alexander Blewett III School of Law at the University of Montana

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.


Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson 2019 Alexander Blewett III School of Law at the University of Montana

Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson

Public Land & Resources Law Review

The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.


American Legion V. American Humanist Association, Seth T. Bonilla 2019 Alexander Blewett III School of Law at the University of Montana

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


Who Cares About The Modern Creator?, Jacqueline Malzone 2019 University of Virginia Law School

Who Cares About The Modern Creator?, Jacqueline Malzone

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Ex Situ Preservation Of Historic Monuments In The Era Of Climate Change, Shelby D. Green 2019 Elisabeth Haub School of Law at Pace University

Ex Situ Preservation Of Historic Monuments In The Era Of Climate Change, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Cultural heritage (historic buildings, landscapes, and natural monuments) is being threatened by all manner of evils--attacks by belligerents seeking military advantages, increased consumptive uses, and significantly, the idiosyncratic effects of climate change. Climate change portends sea level rise and coastal erosion threats that will inundate coastal areas and the historic structures located there. Melting permafrost and changes in soil composition threaten the loss of buried archaeological evidence and compromise the integrity of ancient buildings designed for a less malevolent climate.

State and local governments have been undertaking measures to build sustainable communities to mitigate the coming changes in the climate, …


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston 2019 DePaul University

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern 2019 DePaul University

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes 2019 DePaul University

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha 2019 DePaul University

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh 2019 DePaul University

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents, 2019 DePaul University

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


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