Sherry Hutt - Yearbook of Cultural Property Law 2006

2006

Sherry Hutt
Editor

David Tarler
Assistant Editor

First published 2007 by Left Coast Press, Inc.

Published 2016 by Routledge
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Copyright 2006 Taylor & Francis

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Library of Congress Control Number : [TO FOLLOW]

ISBN 13: 978-1-59874-072-1 (hbk)

W ELCOME to the inaugural edition of the Yearbook of Cultural Property Law. The Yearbook seeks to inform cultural property practitioners of the previous years developments in cultural property law with respect to legislation, regulation, casework, publication, education, and policy. It covers a broad spectrum: federal land management, state and local matters, tribal management and matters affecting tribes, management of the marine environment, museum matters and concerns, the art market, the international arena, and enforcement. In addition to the Practice Area sections, the Yearbook includes a law school update, which deals with cultural property law in our nations law schools; a review of books, articles, and resources dealing with scholarship and websites of interest to the field; and articles and items on noteworthy events.

Although it is decidedly legal in form and content, the Yearbook is intended for nonlegal professionals, too. Others who will find the Yearbook of practical use include public land managers; archaeologists; private cultural resource management consultants; city planners; construction and transportation planners and developers; law enforcement agents; museum professionals; art dealers; military and national security agents; educators; students; and the many volunteers who give their time to serve on historic preservation, site stewardship, zoning, and archaeological advisory commissions.

Each Practice Area section was written by one or more cultural property lawyers with expertise in that area. These reporters come from private law firms, public agencies, academia, and nonprofit associations. All of them are personally and professionally dedicated to the responsible stewardship, use, and transfer of cultural property.

The Yearbook is a project of the Lawyers Committee for Cultural Heritage Preservation (LCCHP), and LCCHP benefits from the proceeds derived from the sale of this and future volumes. LCCHP was founded in 2003 in Washington, D.C., as a nonprofit organization dedicated to furthering scholarship, education, and cultural heritage preservation. (E-mail LCCHP at LCCHP@yahoogroups.com, or visit www.culturalheritagelaw.org.) All the regular contributors to the Yearbook are members of LCCHP, and most of them are members of its board of directors.

Each Yearbook will include articles and short items by guest contributors. To mark the centennial of the Antiquities Act of 1906, Richard Waldbauer, an anthropologist and the assistant director of the National Park Services Federal Preservation Institute, joins Sherry Hutt as coauthor of Cultural Property Begins: The Centennial of the Antiquities Act. This article provides insight into the history of the development of the law, its impact on the last century of cultural property lawincluding the staple of historic preservation, the Secretary of the Interiors Standards for National Register eligibilityand its future value. The Yearbook is fortunate to also publish the first installment of research by Tobias Halvarson, an attorney-advisor in the Division of Indian Affairs of the Solicitors office at the Department of the Interior, in Using Common Law Principles to Recover Cultural Property in the United States. As the baseline for understanding cultural property law, the common law will always be called upon to resolve the myriad issues faced by cultural property practitioners when specific statutory law is absent.

The Yearbook not only strives to keep its readers informed of the most recent court decisions, issues, and events in law, legislation, and regulation, it also presents the ideas of leading thinkers in the field and features interviews with leading lawyers, jurists, and others who shape the law. In this edition, Professor Patty Gerstenblith, who teaches cultural property law at DePaul University College of Law and serves as president of LCCHP, interviews Dr. Martin Sullivan, with whom she served on the Cultural Property Implementation Act Committee at the Department of State. Dr. Sullivan formerly was director of the Heard Museum in Phoenix, which became the site of efforts to draft language that became the Native American Graves Protection and Repatriation Act (NAGPRA). He later became the chair of the NAGPRA Review Committee.

In 2005, two beacons in the cultural property field passed away. Stephen E. Weil, the father of museum law and deputy director of the Smithsonian Institutions Hirshhorn Museum and Sculpture Garden for 25 years, is remembered by Stephen Urice, a leading museum-law scholar and practitioner. Vine Deloria Jr., Native American lawyer, scholar, activist, and inspiration to a generation, is remembered by his dear friend Rosita Worl (Tlingit), a board member of the Sealaska Corporation and chair of the Native American Graves Protection and Repatriation Act Review Committee. Dr. Worl credits Deloria with fostering her desire to obtain a Ph.D. in archaeology. Today she is a professor of anthropology at the University of Alaska, Juneau.