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Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice 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 …


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 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.


Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice 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.


Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth 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.


"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski 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, Jack L. Sammons 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 …


Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins 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 …


Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley 2010 University of Colorado Law School

Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …


Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan 2010 National University of Singapore

Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice 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.


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