The GE Mound: An ARPA Case Study

1995 ◽  
Vol 60 (1) ◽  
pp. 131-159 ◽  
Author(s):  
Cheryl Ann Munson ◽  
Marjorie Melvin Jones ◽  
Robert E. Fry
Keyword(s):  
Native Americans ◽  
Private Property ◽  
Legal Rights ◽  
Legal Proceedings ◽  
Indian Land ◽  
Conflicting Interests ◽  
The Law ◽  
The U.S

Prosecutions of looters under the U.S. Government's Archeological Resources Protection Act (ARPA) have heretofore come in cases involving federal or Indian land, thus limiting applications of the law and questions about both the law and the legal rights of artifact collectors. In this essay we examine the GE Mound case, the first prosecution and conviction of a group of looters under ARPA for interstate transport of artifacts illegally removed from private property. The GE Mound case serves as a textbook on issues that currently confront archaeology. The conflicting interests of archaeologists, looters, other artifact collectors, and Native Americans are illustrated in the legal proceedings and the controversies surrounding the prosecution. We review the proceedings and controversies to establish a factual record for this precedent-setting and politically sensitive case.

Unfulfilled Justice

2021 ◽  
Vol 16 (2) ◽  
pp. 30-59
Author(s):  
Tu Phuong Nguyen
Keyword(s):  
Moral Responsibility ◽  
Dispute Resolution ◽  
Social Insurance ◽  
Legal Rights ◽  
Labor Dispute ◽  
Insurance Benefits ◽  
Legal Challenges ◽  
The Law

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.

scholarly journals Conservation Techniques of Architectural Heritage and Private Property Legal Rights – Case Study Alexandria, Egypt

2020 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Khaled El-Daghar
Keyword(s):  
Private Property ◽  
Evaluation Criteria ◽  
Legal Rights ◽  
Architectural Heritage ◽  
Architectural Style ◽  
Cultural Character ◽  
Conservation Projects ◽  
The City

Conservation projects of architectural heritage primarily aim at preserving the cultural character and protecting the historical and value buildings through a set of techniques/approaches and concepts that deal with valuable urban heritage. These concepts and approaches are sometimes a major obstacle to community development. Thus, for a better understanding of the debate over conservation versus development in terms of ownership and private property legal rights, the study will review the classification of different techniques by applying them at the level of architecture, urban and society. Hence, these have been classified into three basic levels: building, urban and community, whereby  policies for each type will be reviewed. These arguments will be discussed within the Alexandrian experience in architectural heritage listing and management. Moreover, the study also explores evaluation criteria of historical and value buildings, clarifying the attempts to conserve the architectural heritage in Alexandria. The study focuses mainly on the conflict between conservation techniques and concept of private property legal rights, and hence, proposing some future measure to address the conflict of interests between conservation on one hand and private property ownership legal rights on the other. In addition, it will present some recommendations for preserving the unique architectural style of the Mediterranean Sea that distinguishes the city of Alexandria. It will also adhere to the remains of this heritage by taking into consideration the legal rights of private property, which can contribute to the conservation techniques of architectural heritage for Alexandria.

Rape, the Law, and Private Property

1982 ◽  
Vol 28 (2) ◽  
pp. 271-291 ◽  
Author(s):  
Julia R. Schwendinger ◽  
Herman Schwendinger
Keyword(s):  
United States ◽  
Property Rights ◽  
Private Property ◽  
General Trend ◽  
The United States ◽  
Legal Rights ◽  
The Law ◽  
Dependency Relations ◽  
Historical Developments

Historical developments in rape laws argue against the now-popular notion that the law, which originally protected property, continues to protect male property rights. Also, these developments have been strongly influenced by modes of production, but the law cannot be adequately understood by reducing the property relationships in volved simply to the possession of women by men. While this restrict ed use of the term property may be somewhat meaningful when refer ring to slave societies, it is not very useful when dealing with kinship societies, emerging feudal class distinctions, colonial relationships, or personal dependency relations in the modern American home. Ex amples of rape laws in a variety of contemporary and historical social formations are given, and especially noted is the general trend toward recognition of women's legal rights in the United States.

Oil and the Marshall Plan

1984 ◽  
Vol 58 (3) ◽  
pp. 359-383 ◽  
Author(s):  
David S. Painter
Keyword(s):  
Western Europe ◽  
Oil Industry ◽  
Marshall Plan ◽  
Private Interests ◽  
Private Power ◽  
Conflicting Interests ◽  
Relationship Of ◽  
European Markets ◽  
The U.S

One of the most difficult problems United States policymakers faced during the Marshall Plan years was balancing the national interest in European recovery with the private interests of U.S. companies with European markets. In this article, Dr. Painter describes how policymakers grappled with the often conflicting interests of the U.S. oil industry and war-ravaged Western Europe. In so doing, he provides a case study of the complex relationship of public policy and private power.

scholarly journals Chattel or Child: The Liminal Status of Companion Animals in Society and Law

2019 ◽  
Vol 8 (5) ◽  
pp. 158 ◽  
Author(s):  
Nicole R. Pallotta
Keyword(s):  
Family Member ◽  
Interpersonal Relationships ◽  
Legal Status ◽  
Companion Animals ◽  
Legal Rights ◽  
Animal Protection ◽  
New Family ◽  
Cultural Status ◽  
The Law ◽  
The U.S

Companion animals in the U.S. are increasingly regarded as members of the family with whom one may share a strong emotional bond. However, despite an evolving social construction that has elevated their status in the dominant culture, companion animals lack meaningful legal rights, and “family member” is a provisional status that can be dissolved at will based on the discretion of the sole rights-holder in the relationship: the human owner. Because they are still defined within the U.S. legal system as property, it is a common lament within the animal protection movement that the law has not kept pace with the emergent cultural perception of companion animals as family or best friends who may occupy a significant place in one’s constellation of interpersonal relationships. But how divergent are the laws that govern our treatment of companion animals from prevailing social norms? This article examines current trends in animal law and society to shed light on this question. I find that while a new family member cultural status is emerging for companion animals in the U.S., their legal status as property is a countervailing force, enabling contradictory practices and beliefs that construct animals as expendable. The fact that their cultural status is in flux in turn reinforces their status under the law. I conclude with proposed policy reforms that will facilitate the integration of companion animals into society as true rather than rhetorical family members.

Gardening as More than Urban Agriculture: Perspectives from Smaller Midwestern Cities on Urban Gardening Policies and Practices

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Christopher Strunk ◽  
Ursula Lang
Keyword(s):  
Urban Agriculture ◽  
Green Space ◽  
Private Property ◽  
Community Gardens ◽  
Public Land ◽  
Vacant Lots ◽  
Urban Gardening ◽  
Privately Owned ◽  
Policies And Practices

For the most part, research and policymaking on urban gardening have focused on community gardens, whether in parks, vacant lots, or other public land. This emphasis, while important for many Midwestern cities, can obscure the significance of privately owned land such as front yard and back yard and their crucial connections with gardening on public land. In this case study, we examine how policies and practices related to gardening and the management of green space in two Midwestern cities exceed narrow visions of urban agriculture. The article explores the cultivation of vacant lot gardens and private yards as two modes of property in similar Midwestern contexts and argues that the management of green space is about more than urban agriculture. Instead, we show how urban gardening occurs across public/private property distinctions and involves a broader set of actors than those typically included in sustainability policies. Gardening also provides a key set of connections through which neighbors understand and practice sustainability in Midwestern cities.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

The Internet is a Semicommons

2018 ◽  
Author(s):  
James Grimmelmann
Keyword(s):  
Open Field ◽  
Online Communities ◽  
Strategic Behavior ◽  
Private Property ◽  
The Internet ◽  
Field System ◽  
Technical Features ◽  
Dynamic Interplay ◽  
Enormous Success

78 Fordham Law Review 2799 (2010)The Internet is a semicommons. Private property in servers and network links coexists with a shared communications platform. This distinctive combination both explains the Internet's enormous success and illustrates some of its recurring problems.Building on Henry Smith's theory of the semicommons in the medieval open-field system, this essay explains how the dynamic interplay between private and common uses on the Internet enables it to facilitate worldwide sharing and collaboration without collapsing under the strain of misuse. It shows that key technical features of the Internet, such as its layering of protocols and the Web's division into distinct "sites," respond to the characteristic threats of strategic behavior in a semicommons. An extended case study of the Usenet distributed messaging system shows that not all semicommons on the Internet succeed; the continued success of the Internet depends on our ability to create strong online communities that can manage and defend the infrastructure on which they rely. Private and common both have essential roles to play in that task, a lesson recognized in David Post's and Jonathan Zittrain's recent books on the Internet.

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