Cultural Property Law: A Practitioner's Guide to the Management, Protection, and Preservation of Heritage Resources |
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Crossing into many disciplines, cultural property law is rapidly becoming an established area of practice and study. Cultural Property Law: A Practitioner's Guide to the Management, Protection, and Preservation of Heritage Resources is a comprehensive, user-friendly overview of all major components of an interdisciplinary legal practice that extends from government and tribal management of land to federal underwater resource management to the national and international laws governing museums and the arts marketplace.
Cultural property can be defined as the tangible and intangible effects of an individual or group of people that defines their existence. Cultural property not only fills art museums, but is also in private homes, places of worship, and within the natural landscape of public lands. Cultural property law has evolved from the common law of property to encompass a broad array of statutes and codes that direct the management, protection, and preservation of cultural resources in their many public and private manifestations.
Important statutes have been used to preserve heritage, including the National Historic Preservation Act, the Archeological Resources Protection Act, Native American Graves Protection and Repatriation Act, and others. Cultural Property Law is a practical guide to how these laws and other state, tribal, and international statutes and policies intended to protect and administer these resources are applied and how they can be interpreted. Chapters focus on the key areas of practice in protecting and administering cultural property:- Federal management, including compliance and enforcement
- State, local, and private management, including both civil and criminal law enforcement
- Indian law and tribal management
- Federal management of underwater resources
- Museum administration and collections management
- International management
The laws and controlling cases that apply are identified in each chapter, and the authors discuss issues which can arise in handling a case involving cultural property. Chapters conclude with frequently asked questions that further explain the laws and their practical application. The issues that come within the area of cultural property and heritage resources law can often be highly charged, but the discussions in this book are phrased in a neutral manner, leaving advocacy to the practitioner.
An annotated bibliography by chapter is designed to assist practitioners in reaching the rich body of resources that support the practice in this area and add depth to the discussion of topics beyond the text. Also includes extensive chapter notes, table of authorities, listing of key websites, and index.
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