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Description

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.

Table of Contents

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

Product details

Published Dec 27 2003
Format Ebook (PDF)
Edition 1st
Extent 216
ISBN 9798216324058
Imprint AltaMira Press
Series Heritage Resource Management Series
Publisher Bloomsbury Publishing

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