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Citations: The Latest from LCCHP is a blog for the voices and stories of the people who make up the Lawyers' Committee for Cultural Heritage Preservation (LCCHP), a not-for-profit organization that fosters the stewardship of cultural resources through legal advocacy and education. 

The opinions expressed in Citations do not necessarily represent the views of the Lawyers' Committee, its Board of Directors, members, or donors.
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  • 11 Nov 2013 12:42 PM | Anonymous
    The International Court of Justice has ruled in the Cambodia v. Thailand case concerning the Preah Vihear promontory, deciding that Cambodia should have sovereignty over most of the land in dispute and ordering Thai troops to withdraw from the area. Fifty years ago, the ICJ declared the 900-year-old Preah Vihear Temple, which stands on a cliff at the Cambodia-Thailand border, to belong to Cambodia; today's ruling addresses the long-standing disagreement over ownership of the land surrounding the temple.

    The ICJ's Press Release can be read here.

    Read the BBC's article on the history of the dispute and today's outcome here.
  • 22 Oct 2013 10:45 AM | Anonymous
    "Red Arch Cultural Heritage Law & Policy Research is a new nonprofit think tank tasked with spearheading cultural law and policy research. To foster innovation and develop results across disciplines, Red Arch anticipates partnering with Plymouth State University (PSU), a comprehensive university possessing strengths in cultural heritage-related fields such as the social sciences, historic preservation, archaeology, art history, criminal justice, the physical sciences, and the performing arts."

    Read the full press release here.

    Red Arch's founder, Rick St. Hilaire, currently serves on LCCHP's Board of Directors and is the author of the popular Cultural Heritage Lawyer blog.
  • 11 Sep 2013 5:12 PM | Anonymous
    LCCHP has joined other prominent cultural heritage organizations in signing the letter from the U.S. Committee of the Blue Shield to the White House concerning the possibility of military intervention in Syria.

    The letter urges President Obama to:

    1) Issue an Executive Order requiring all federal agencies to enter into agreements with allies and rebel forces with which it coordinates, including the Free Syrian Army, to ensure the protection of Syria's cultural heritage;

    2) Issue an Executive Order requiring all federal agencies to ensure that looted and stolen cultural artifacts do not enter the U.S. from Syria; and

    3) Remind the U.S. of its obligations under the 1954 Hague Convention to protect Syria's cultural heritage.

    Read USCBS's full letter to the White House, signed by LCCHP and others: http://uscbs.org/documents/Syria%20Cultural%20Heritage%20USCBS.pdf
  • 22 Mar 2013 11:47 AM | Anonymous
    Trafficking Culture, a research program based at the University of Glasgow and funded by the European Research Council, will be guest-editing the European Journal on Criminal Policy and Research 2014 special issue on trafficking cultural objects and is seeking papers for publication:

    Call For Papers: Special Issue on Trafficking in Cultural Objects for the EJCP

    European Journal on Criminal Policy and Research is a peer-reviewed international criminology journal with a special interest in transnational organized crime. It is run by Editor-in-Chief Ernesto U. Savona (Professor of Criminology, Università Cattolica del S. Cuore- Milan Director of TRANSCRIME (Joint Research Centre on Transnational Crime) and Managing Editor Dr. Stefano Caneppele (stefano.caneppele@unicatt.it).

    Each year thematic special issues of the EJCPR are published. These special issues are devoted to innovative topics in the field of criminology and criminal justice, and in 2014 the Trafficking Culture team at the University of Glasgow will be guest editing one with a focus on ‘trafficking cultural objects’. For criminologists, this is something of a niche area of study, and more attention has tended to be paid to other types of transnational criminal trade. The Trafficking Culture research programme has been established to advance the evidence base in this area, as well as to undertake theoretical work and comparative study of the trafficking of cultural objects as contrasted with other types of transnational illicit commodity trade. The guest editors’ aim for this special issue is to gather together a collection of papers which inform this topic. The field of ‘illicit antiquities’ studies has been built around contributions which cross disciplines. Lawyers, archaeologists, art world professionals, anthropologists and criminologists have all played a part in explicating the issues and debating the solutions. We therefore welcome contributions to this special issue from writers in any discipline, although papers should consider the parameters of EJCPR as a criminal policy and research publication.

    Original evidence-based research and/or analytical manuscripts are invited on any aspect of crime in relation to the problem of trafficking in cultural objects, and the topic is widely framed for the purposes of this publication to include all aspects of the trade in illicit antiquities, including socio- economic, cultural and criminological contexts, and beyond these core topics, comparable crime policy problems which may offer transferable solutions to these fields of illicit entrepreneurial activity.We would also be pleased to hear from those with expertise in this field who would be prepared to act as peer reviewers for the special issue.

    The deadline for first draft submissions is Friday 28 June 2013.

    Decisions about the outcome of the submission accompanied with detailed reviews will be sent out to authors by Friday 4 October 2013.

    Should the submissions require revisions these should be completed and submitted by Friday 31 January 2014.

    It would be helpful if the manuscripts do not exceed 7,000 words including Figures, Tables and References. For information on other aspects of the EJCPR manuscript format please see the Instructions for Authors on the journal’s website above.Submission Process

    Manuscripts should be submitted through an electronic system. In order to complete the review process, authors are asked to submit their articles online at http://www.editorialmanager.com/crim, following the Instructions for Authors.

    Please circulate this call to anyone who might be interested. For formal or informal inquiries about any aspect of the process please contact the guest editor Prof Simon Mackenzie.

  • 01 Mar 2013 2:37 PM | Anonymous
    This conference was proudly presented by the New Orleans Chapter of the Federal Bar Association and was very appropriately hosted by The Historic New Orleans Collection , Williams Research Center in the French Quarter on January 25, 2013. The Lawyers' Committee for Cultural Heritage Preservation (LCCHP), Executive Director, Tess Davis, organized and chaired a panel with a broad spectrum of experience and expertise from local law in New Orleans arising from Katrina, to State, Federal and international law and practice that has developed over the past few decades.

    John Stubbs, Director of Preservation Studies, Tulane University, provided an overview of the framework of preservation law applicable to cultural heritage in natural disasters.

    Robert Collins
    ,General Counsel, Office of Louisiana Inspector General, gave a presentation entitled “Random Reflections: Section 106 and Hurricane Katrina” that provided a fascinating overview of the disaster and how Louisiana addressed the concerns of cultural heritage through Section 106 of the National Historic Preservation Act, including Programmatic Agreements.

    Marsh Davis, President, Indiana Landmarks, provided an overview of how the State and preservation community have been dealing with harm to their landmarks from natural disasters like tornadoes. He also invited all to the “Preservation at the Crossroads” National Preservation Conference, Indianapolis Oct 29-Nov 2, 2013.

    Ole Varmer, Attorney-Advisor, International Section of the General Counsel, National Oceanic and Atmospheric Administration (NOAA) did a presentation on international and United States Federal legal framework for protecting cultural heritage from natural disasters with a particular emphasis on underwater cultural heritage. In sum, the take away was that an important part of protecting cultural heritage is to integrate the concerns into measures that address the protection of life, property and the natural heritage. After disasters like Katrina and Sandy where large amounts of federal funds will be sent for disaster relief, the concerns for cultural heritage may be integrated into the process through NEPA as well as NHPA 106 Programmatic Agreements (e.g., the rebuilding of sand dunes and artificial reefs).

    John Norris, Property Manager, Felicity Redevelopment, did a presentation on “Disaster Tours in Post-Katrina New Orleans” discussing the legal and moral issues involved as some local businesses tapped into the public interest in seeing the disaster ridden neighborhoods through tour buses. While there are questions about the constitutionality of the ordinance banning the tours, proposals to have some of the tax revenues be used to help those disaster ridden neighborhoods may be worth considering.

    James Reap
    , Associate Professor, University of Georgia and LCCHP board member, did a presentation on “Risk and Cultural Heritage: An International Perspective.” He provided a number of lessons learned from the international community, including these basic principles: the integration of cultural heritage assets into existing disaster management plans is critical, and the use of preventative approaches that improve or maintain the condition of heritage assets to ensure survival of the heritage and its significant messages after natural disasters.

    He also identified four recognized steps to using a risk management approach to preservation issues: 1) Identifying all risks to heritage, 2) Assessing the magnitude of each risk, 3) Identifying possible mitigation strategies and 4) Evaluating the costs and benefits associated with each strategy. He also explained the Blue Shield program that has been developed by the international community to implement the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, which is a very good model for how to protect cultural heritage threatened by natural disasters.

    The program was very well received and there was a very interactive question and answer session, including a woman who flew in from Dallas because of her interest in conserving the heritage in New Orleans where she was born and raised. Also in attendance was Judge Mary Ann Vial Lemmon, district court judge for the USDC, Eastern District of Louisiana in New Orleans. Judge Lemmon is a member of the board of the Federal Bar Association and also a longtime supporter of The Collection. It is our hope that LCCHP will be able to partner again with the NOLA Chapter of the Federal Bar Association and THNOC on another program in the future.
  • 07 Feb 2013 3:34 PM | Anonymous
    The University of Geneva is pleased to announce a new summer school in cultural heritage law!  

    Cultural Heritage Law
    Past, Present, and Future 
    June 24 - July 5, 2013 
    Art-Law Centre, Faculty of Law 
    University of Geneva, Switzerland
    Course Directors: Professor Marc-André Renold (UNIGE) and Dr. Alessandro Chechi (UNIGE) 

    The summer school offers an overview of the international and comparative law for the protection of cultural heritage and of several of the legal and ethical issues related to it. The program is designed for students from law faculties, but it is also open to students of other disciplines, including art, art history, archaeology and anthropology, as well as to practitioners, non-specialists and art enthusiasts. The faculty brings together brilliant young scholars and renowned professors from various prestigious universities. The University of Geneva staff comprises the team of the Art-Law Centre and of the newly established UNESCO Chair in the International Law of the Protection of Cultural Heritage.

    Classroom lectures will be complemented with field trips to nearby UNESCO sites, visits to local museums and guest speakers from one or more of the international organizations located in Geneva.

    The course is taught in English. 3 ECTS credits. 
    Target audience: Upper year undergraduates, Master's degree students, PhD students.

    All information about the course and enrollment can be found on our the course website. For any questions, please email chl@unige.ch.

    We encourage you to enroll soon, as admission for the course is on a rolling basis. 

    We look forward to receiving your application! 


    Cultural Heritage Law Team
    Geneva Summer Schools   
    University of Geneva

    chl@unige.ch
  • 07 Feb 2013 3:15 PM | Anonymous
    The following courses are offered annually at the University of New Hampshire School of Law (formerly Franklin Pierce Law School) through the Franklin Pierce Center for Intellectual Property.

    Art & Entertainment Law:

    Art Law

    Entertainment Law

    Theater Law

    Music Law

    Publishing Law

    Rights of Publicity and Privacy

    Museum Law:


    Museum Law


  • 07 Feb 2013 2:56 PM | Anonymous
    LCCHP is pleased to post the following notice, originally published in the Chicago Daily Law Bulletin:

    January 18, 2013
    By Jerry Crimmins, Law Bulletin staff writer
     
    A third-year student at DePaul University College of Law who won a contest sponsored by the Lawyers' Committee for Cultural Heritage Preservation said she hopes it will help her get a job.
     
    Salome Kiwara-Wilson, 29, who is from Kenya, wrote a 40-page study entitled, "Restituting Colonial Plunder: The Case for Benin Bronzes and Ivories."
     
    The Lawyers' Committee for Cultural Heritage Preservation, headquartered in Washington, D.C., chose her paper as the winner among 32 entries submitted from 22 law schools in the 2012 Student Writing Competition.
     
    "Our judges, all experts in the field, found that Ms. Kiwara-Wilson's research and writing represented a great scholarly achievement and believe she has a great future in cultural heritage law," said Tess Davis, executive director of the organization. The winner was announced in October.
     
    A clerk at the Cook County state's attorney's office, Kiwara-Wilson has permanent resident status in the U.S. and said she hopes to be hired as a prosecutor, although she said she knows there are many applicants.
     
    "When I got exposed to criminal law, I ended up thinking it was very fascinating," she said.
     
    "I plan to practice criminal law after graduation," she said. "I don't think it is a departure from my cultural heritage interests. In my opinion, some of the most interesting cases in the cultural heritage field are criminal cases."
     
    William A. Chamberlain <http://search.chicagolawbulletin.com/attorney/gettoctext.cfm?t=oetLkkSLdYk=> , director of Law Career Services at DePaul University College of Law, said in today's tough job market for graduating law students, they "really need to be aggressive about doing whatever they can to take advantage of these opportunities" presented by contests.
     
    "A lot of students don't do them because it takes time," Chamberlain said. But Chamberlain said if they have to write a paper for a class, "they might as well go the extra mile and, on a break, work with a professor on a contest entry."
     
    If a student wins, "it does show they go above and beyond," Chamberlain said, and shows that they can be passionate about their work, which can impress a potential employer.
     
    Kiwara-Wilson's paper is a study of what is known as the British Punitive Expedition of 1897 in the Kingdom of Benin in West Africa, which is today part of Nigeria.
     
    The British stole by rough estimate "maybe a thousand" works of art from the royal family of Benin, she said, including works in bronze, ivory and brass.
     
    She said Britain later auctioned off much of the art to other countries to help pay the cost of the expedition. Today, those works are in "many museums in Europe and in the states," she said.
     
    Locally, the Art Institute of Chicago has some, Kiwara-Wilson said. The Field Museum also has some of the Benin art works. The Field Museum "actually does a good job of explaining that there was a Benin punitive expedition" and how the art works came to the Field, she said.
     
    "Other museums for the most part say, 'from the collection of so and so.'"
     
    The origin of the British expedition, Kiwara-Wilson said, is that "the British decided to go to see the king. The king told them not to come," that the time was wrong for religious reasons. The British sent a delegation in 1897 anyway and it was attacked.
     
    Ten out of the 12 British members of the delegation were killed as were most of the 200 African couriers who accompanied them, she said.
     
    The second expedition, called the Punitive Expedition, followed in the same year "to get revenge and as an excuse to take over the kingdom," Kiwara-Wilson said.
     
    A 2003 story in the British newspaper The Guardian said the British "set fire to the queen mother's house and those of several chiefs; the fire spread uncontrollably and destroyed a large part of the city. The royal palace was also burnt, although we claimed this was accidental. The royal palace of Benin was one of the great cultural complexes of Africa."
     
    The stolen art works "show Benin court life, images of the king," the queen mother, "Portuguese soldiers the kingdom came into contact with before the British came" and animals.
     
    "Lots of leopards," Kiwara-Wilson said.
     
    She said she chose this subject because "it's such a big injustice to the Benin people." She has seen some of the art in the British Museum in London and in the Field Museum in Chicago. The Benin works are "pretty obvious, mainly because of the style. It's very distinct," she said.
     
    "Most Nigerian people won't be able to go to Paris or Chicago" to see these works, she said.
     
    She concluded in her study that lawsuits for restitution of the works to Nigeria probably would not work.
     
    "If most museums feel they have a valid and clear title, they don't have any incentive to sit down with the Nigerian government and make a deal," she said.
     
    Instead, she argued in her paper that "the colonial treatment of African people was similar to the Nazi treatment of Jewish people during the Holocaust. Because of these similarities, the principles that justify the restitution of Nazi-looted art may similarly justify the restitution of cultural property to former colonized states."
     
    Kiwara-Wilson learned English in Kenya.
     
    "In Kenya, you pretty much go to school in English," she said.
     
    She is a painter and came to the U.S. first in 2004 for an artist in residence program at the University of Kentucky.
     
    She stayed here to get an undergraduate degree in French and art history from Berea College in Berea, Ky.
     
    There she did part of the research that led to her paper. She also had a fellowship in 2009 to study cultural heritage practices in Africa and Asia.
     
    In Kenya, she said her father is a retired police administrator and her mother is a professor who teaches "entrepreneurship and business."
     



  • 07 Feb 2013 2:51 PM | Anonymous

    Lily McManus joined LCCHP in January, 2013, as a William & Mary Post-Graduate Public Service Fellow. She obtained her J.D. from William & Mary Law School in May 2012 and is admitted to practice law in Virginia.

    While in law school, Lily served as Editor-in-Chief of the William & Mary Journal of Women and the Law, and was awarded the Dean’s Certificate in recognition of her leadership. Her student note, “The Anatomy of a Helping Hand: Women-Owned Small Businesses and Federal Contract Procurement,” was chosen for publication in the eighteenth issue of the Journal of Women and the Law. She spent her two law school summers conducting research for, respectively, her contracts professor and the National Center for State Courts; during her first year, she also assisted in legal research pertaining to an ownership dispute over the Lorton Meteorite, which now resides at the Smithsonian Museum of Natural History.

    Lily gained more than three years of paralegal experience before law school as Senior Legal Assistant to the International Trade Practice Group of the law firm Arnold & Porter LLP. She obtained her B.A. in Classical & Medieval Studies from Bates College in 2005, having spent her junior year abroad in Florence, Italy, studying Italian language, history, and art. She has also cultivated a lifelong passion for studio art and continues to pursue her hobbies of drawing and oil painting. As an artist, attorney, and former student of history, Lily has a deep appreciation for cultural heritage and the necessity for its legal protection; she is thrilled to have the opportunity to work with LCCHP.

  • 18 Dec 2012 10:19 AM | Tess Davis (Administrator)

    Dear Friends,

    Thank you so much for your support of the Lawyers’ Committee for Cultural Heritage Preservation during this past year. I write to enlist your continued support of the Committee for the coming year, including your financial support.

    It has been a busy year for the Committee. Following 2011’s successful conference, Keeping the Lid on Davy Jones' Locker: The Protection of Underwater Cultural Heritage from Titanic to Today, 2012 was an equally active year, if not moreso. 

    Highlights of 2012 included:

    Advocacy

    •  We campaigned against the broadcasting of Spike TV’s American Diggers series and National Geographic Channel’s Diggers series.

    • We lobbied Congress against premature consideration of S. 2212, the United States Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, a bill that would allow foreign governments to immunize themselves from U.S. lawsuits when loaning art and antiquities to American museums, until it has addressed concerns with this bill through open hearings.
    • We joined other amici in the successful filing of a motion to file an amicus brief on appeal to the New York Court of Appeals in Matter of Flamenbaum, a case involving the “spoils of war” doctrine.

    Education

    • We judged a record 32 submissions from 22 law schools for the annual Student Writing Competition submission on any aspect of cultural heritage law, including art, cultural property, historic preservation, indigenous peoples, and intangible cultural heritage.

    In the Media and Other Venues

    • We continued to maintain a website, blog, and Facebook page with the latest developments in cultural heritage protection.
    • Our Executive Director, Tess Davis, was interviewed by The New York Times, Bangkok Post, ABC Radio, and other international and national media about the looting of Cambodian antiquities, and contributed op-eds to CNN and the Los Angeles Times on the subject.

    • Tess promoted the November LCCHP Conference on the widely-read blog, IntLawGrrls, which also featured her Cambodian research.

    • Board Member Ricardo St. Hilaire was interviewed by Public Radio International and ABC Radio on the U.S. v. 10th Century Cambodian Sandstone Statue case, quoted on ArtsHub Australia, and maintained an award winning blog on cultural heritage law.

    • Board Members Tom Kline and Lucille Roussin prominently appeared in the documentary Portrait of Wally, released in 2012, about the celebrated repatriation of Egon Schiele’s famous portrait that had been seized by the Nazis.

    • We promoted the protection of cultural heritage at national and international conferences and educational settings.

    As you know, it takes a lot of effort, as well as funding, to support the Committee’s work. For the past two years, we have had the invaluable assistance of our part-time Executive Director, Tess Davis, who has tirelessly supported our efforts and activities. During the coming months, we will face the challenges of hiring Tess’s successor, and trying to grow that position into a full-time one. We cannot do so without having a prominent and successful fundraising campaign.

    Toward this goal, I am writing to ask you to contribute to the Lawyers’ Committee in a variety of ways. 

    Some of the ways that you can support the Committee include:

    • Encouraging colleagues and friends with an interest in cultural heritage preservation to join the Committee, either individually or as part of an institution . . . or both!

    • Joining one of our Board committees –
    o   Advocacy & Litigation
    o   Budget & Finance
    o   Conferences & Other Events
    o   Education & Outreach
    o   Membership & Development
    • Suggesting topics for Committee programs.

    • Donating “in kind” contributions to the Committee, such as video services or photography at Committee programs, offering venues for programs, printing programs or brochures, or other services or goods that you or your organization can offer.

    • Letting us know whether you, your institution, or others you know are capable of making a transformational donation to the Committee.

    Whether you feel comfortable contributing $25 or $2500, every contribution makes a difference.  Toward this end, I ask that you consider making a tax-deductible contribution to the Committee before the end of 2012 by clicking on “Donate” on the Committee’s webpage.

    It’s as simple as that.

    So, I thank you again for your support as we begin 2013.


    Best wishes for a happy and healthy holiday season,

    Diane

    Diane Penneys Edelman

    President, Lawyers’ Committee for Cultural Heritage Preservation

    info@culturalheritagelaw.org

    www.culturalheritagelaw.org


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