Legal Perspectives on Cultural 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.

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.

• Part 1 ForewordPart 2 PrefacePart 3 Introduction: Diachronic PerspectivesPart 4 Section I: Enforcement and PreservationChapter 5 Chapter 1: Archaeology and the LawChapter 6 Chapter 2: Cultural Property Law Theory: A Comparative Assessment of Contemporary ThoughtChapter 7 Chapter 3: The Twilight of Treasure TroveChapter 8 Chapter 4: Crimes and Punishment: Developing Sentencing Guidelines for Cultural Heritage Resource CrimesPart 9 Section II: International IssuesChapter 10 Chapter 5: Export Regulation and the Illicit Trade in Archaeological MaterialChapter 11 Chapter 6: From Steinhardt to Schultz: The McClain Doctrine and the Protection of Archaeological SitesChapter 12 Chapter 7: A Comprehensive Regime for the Protection of Underwater Cultural HeritageChapter 13 Chapter 8: The UNESCO Convention on Underwater Cultural Heritage: Panacea or Peril for Resource Managers?Part 14 Section III: RepatriationChapter 15 Chapter 9: Archaeological Perspectives on NAGPRA: Underlying PrinciplesChapter 16 Chapter 10: NAGPRA, Dialogue, and the Politics of Historical AuthorityChapter 17 Chapter 11: The Three Million Dollar ManChapter 18 Chapter 12: NAGPRA: Constitutionally Adequate?Chapter 19 Chapter 13: Using the Courts to Enforce Repatriation Rights: A Case Study Under NAGPRAPart 20 Appendix APart 21 Appendix BPart 22 Appendix CPart 23 Appendix DPart 24 Appendix EPart 25 Appendix FPart 26 About the Authors