Cultural Heritage Law Commons^™

Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson

International Journal of Aquatic Research and Education

This is the introductory editorial leading off the special issue, "Diversity in Aquatics."

Around Campus

DePaul Magazine

Reburying the Dead: Returning control of ancient remains to Native American tribes; Communicating Climate Change: DePaul professor discusses effective ways to connect with skeptical and disengaged audiences; The Great Mind of Michael Shannon

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder

Northwestern Journal of Law & Social Policy

In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas

Fordham Environmental Law Review

No abstract provided.

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

The Charitable Deduction And Looting Of Antiquities: A Comparative Approach, Sabrina Y. Hsieh

Cornell International Law Journal

The tax incentive structure for charitable giving in the United States, as in many other countries, is imperfect. The structure over-incentivizes donations from wealthy individuals, whether those donations are made up of cash or of property. This structure has negative impacts not only domestically, but abroad as well.

By providing an incentive for donations of antiquities to museums— an incentive that was perhaps largely necessitated by the state of American museums in the 19th century— the charitable deduction has not only created a market for antiquities of questionable provenance, but has also created what is potentially a get-out-of-jail free card …

Kebijakan Pertanahan Bagi Wni Keturunan Tionghoa Di Yogyakarta: Diskrimasi Atau Diskriminasi Positif, Ratih Lestarini

Jurnal Hukum & Pembangunan

This paper intends to examine the enforcement of land policy related land rights for Indonesian citizens of Chinese descent in the Territory Special Region of Yogyakarta. In this context, they can only be granted land rights in the form of HGB, not allowed to obtain property rights to land in Yogyakarta. This restriction is considered as a different treatment of citizens of Chinese descent. This issue becomes important to be discussed considering the Law No. 5 of 1960 on Agrarian Principles ensuring the arrangement of land tenure is directed to be utilized for all Indonesian citizens without exception in a …

Dilema Komersialisasi Pengetahuan Tradisional Dalam Sistem Hukum Indonesia: Antara Perlindungan Dan Pembagian Manfaat, Miqdad Abdullah Siddiq

Jurnal Hukum & Pembangunan

The commercial utilization of Traditional Knowledge is intended for the benefit of the national economy, especially for the welfare of indigenous peoples as the owners of Traditional Knowledge. Indonesia, which has many indigenous peoples, also has a widevariation of Traditional Knowledge. With the opening of opportunities for parties other than the owners of Traditional Knowledge to utilize the Traditional Knowledge, setting the regulatory governing the commercialization of Traditional Knowledge becomes increasingly strategic. So that the management of the protectionfor Traditional Knowledge in Indonesia has become a very urgent need. In the absence of adequate Traditional Knowledge protection regulations, Traditional Knowledge-related …

Korematsu Overruled? Far From It: The Supreme Court Reloads The Loaded Weapon, Lorraine Bannai

Seattle Journal for Social Justice

No abstract provided.

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.

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, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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 …

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming

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 …

"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 …