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.
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.
Part 1 Foreword Part 2 Preface Part 3 Introduction: Diachronic Perspectives Part 4 Section I: Enforcement and Preservation Chapter 5 Chapter 1: Archaeology and the Law Chapter 6 Chapter 2: Cultural Property Law Theory: A Comparative Assessment of Contemporary Thought Chapter 7 Chapter 3: The Twilight of Treasure Trove Chapter 8 Chapter 4: Crimes and Punishment: Developing Sentencing Guidelines for Cultural Heritage Resource Crimes Part 9 Section II: International Issues Chapter 10 Chapter 5: Export Regulation and the Illicit Trade in Archaeological Material Chapter 11 Chapter 6: From Steinhardt to Schultz: The McClain Doctrine and the Protection of Archaeological Sites Chapter 12 Chapter 7: A Comprehensive Regime for the Protection of Underwater Cultural Heritage Chapter 13 Chapter 8: The UNESCO Convention on Underwater Cultural Heritage: Panacea or Peril for Resource Managers? Part 14 Section III: Repatriation Chapter 15 Chapter 9: Archaeological Perspectives on NAGPRA: Underlying Principles Chapter 16 Chapter 10: NAGPRA, Dialogue, and the Politics of Historical Authority Chapter 17 Chapter 11: The Three Million Dollar Man Chapter 18 Chapter 12: NAGPRA: Constitutionally Adequate? Chapter 19 Chapter 13: Using the Courts to Enforce Repatriation Rights: A Case Study Under NAGPRA Part 20 Appendix A Part 21 Appendix B Part 22 Appendix C Part 23 Appendix D Part 24 Appendix E Part 25 Appendix F Part 26 About the Authors