Today's archaeologists and law practitioners must have an increased awareness of legal issues pertaining to historic preservation and cultural resource management (CRM). Archaeological sites and finds are non-renewable resources inciting numerous legal debates based upon claims of legitimacy and ownership. In this edited volume of original articles, law professionals and legal scholars offer their perspectives on current debates for the heritage community, giving multiple viewpoints and injecting historical depth...
Today's archaeologists and law practitioners must have an increased awareness of legal issues pertaining to historic preservation and cultural resource management (CRM). Archaeological sites and finds are non-renewable resources inciting numerous legal debates based upon claims of legitimacy and ownership. In this edited volume of original articles, law professionals and legal scholars offer their perspectives on current debates for the heritage community, giving multiple viewpoints and injecting historical depth to contemporary legal controversies. The contributions focus on three key issues: Enforcement and Preservation; International Issues; and Repatriation—in which insights are given on topics such as underwater cultural heritage, global trade and export, illegal trafficking of antiquities, domestic law enforcement, and indigenous people's legal rights. Famous cases such as the Elgin Marbles and the Kennewick Man, as well as laws such as NAGPRA and McClain doctrine are discussed at length. This book will be an indispensable resource to CRM practitioners, cultural property attorneys, archaeologists, community heritage groups, tribes, museums and galleries, or anyone interested in the preservation of American and global cultural heritage.
The premises [of this book] are that cultural property is property, is valued, and is owned. Who the owners are becomes the legal question of interest...An implicit concern with and advocacy for the physical preservation of cultural property underlies much of the discussion, as well as the need to balance the interests of stakeholders in the ownership debates. Of interest to anyone involved in heritage resource protection.
David Hurst Thomas
In Legal Perspectives, Jennifer Richman and Marion Forsyth have corralled an extraordinarily diversified collection of papers, prepared by an equally diversified cast of legal experts and working archaeologists. Written at a time when issues of cultural heritage are capturing headlines around the globe, these powerful presentations address legalistic nuance and offer broader perspectives on numerous case studies (both historical and contemporary). Readers will find plenty of room for disagreement, dialogue, and debate. This benchmark publication defines the field, and should be required reading for everyone involved with cultural heritage resources.
Jennifer R. Richman is Assistant Division Counsel for the Northwestern Division of the U.S. Army Corps of Engineers, working primarily in the fields of environmental and cultural resources law. She received her J.D. from George Washington University School of Law. While in law school, Ms. Richman worked for the U.S. Department of Justice, the National Trust for Historic Preservation, and the California Attorney General's Office. She also holds a M.A. in Archaeology from LaTrobe University in Melbourne, Australia, where her research focused on coastal subsistence economies and a B.A. in Anthropology from the University of California at Davis. / Marion Forsyth is an associate in the Washington D.C. office of the international law firm of Baker&Daniels. Ms. Forsyth received her J.D. from Harvard Law School where she was a member of the Board of Student Advisers and member of the Women's Law Journal. She received a bachelor's degree in political science and classical civilization with an emphasis in art and archaeology from Indiana University, where she was elected Phi Beta Kappa. While in law school, Ms. Forsyth worked in the office of U.S. Senator Evan Bayh, and in the office of the Massachusetts Attorney General's Environmental Strike Force and the National Trust for Historic Preservation. Ms. Forsyth has written on the topic of the illicit trade in classical antiquities and presented a paper on the subject at the Fifth World Archaeological Congress.
Chapter 1 Foreword
Chapter 2 Preface
Chapter 3 Introduction: Diachronic Perspectives
Chapter 4 Section I: Enforcement and Preservation
Chapter 1: Archaeology and the Law
Chapter 2: Cultural Property Law Theory: A Comparative Assessment of Contemporary Thought
Chapter 3: The Twilight of Treasure Trove
Chapter 4: Crimes and Punishment: Developing Sentencing Guidelines for Cultural Heritage Resource Crimes
Chapter 9 Section II: International Issues
Chapter 5: Export Regulation and the Illicit Trade in Archaeological Material
Chapter 6: From Steinhardt to Schultz: The McClain Doctrine and the Protection of Archaeological Sites
Chapter 7: A Comprehensive Regime for the Protection of Underwater Cultural Heritage
Chapter 8: The UNESCO Convention on Underwater Cultural Heritage: Panacea or Peril for Resource Managers?
Chapter 14 Section III: Repatriation
Chapter 9: Archaeological Perspectives on NAGPRA: Underlying Principles
Chapter 10: NAGPRA, Dialogue, and the Politics of Historical Authority
Chapter 11: The Three Million Dollar Man
Chapter 12: NAGPRA: Constitutionally Adequate?
Chapter 13: Using the Courts to Enforce Repatriation Rights: A Case Study Under NAGPRA
Chapter 20 Appendix A
Chapter 21 Appendix B
Chapter 22 Appendix C
Chapter 23 Appendix D
Chapter 24 Appendix E
Chapter 25 Appendix F
Chapter 26 About the Authors