Presenting Archaeology in Court: Legal Strategies for Protecting Cultural Resources

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Sherry Hutt, Marion Forsyth, David Tarler
Rowman Altamira, 2006 - Law - 245 pages
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The passage of the Archaeological Resources Protection Act (ARPA) in 1979 was a watershed moment in the movement to protect cultural objects against looting. This brief volume provides practical help to those who wish to use the provisions of ARPA_archaeologists, government land managers, preservation groups, and attorneys_to maximize its protective net. The distinguished group of authors, all veterans of ARPA enforcement efforts, first provides a comprehensive history of passage of the law and highlights some key cases that shaped its impact. Other chapters offer concrete instructions on establishing archaeological valuation and assessing damage to cultural sites. A final section provides a menu of legal strategies now available for use to strengthen and extend the provisions of the law. For cultural resource professionals working under ARPA's provisions, this book will be an invaluable, guide for daily practice.
 

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Contents

Interagency
27
Protecting
39
The GE Mound Case
47
at Ocmulgee National Monument
57
Valuing Archaeological Resources
65
The Archaeological Damage Assessment Report
85
Addressing Additional
107
Appraisal Evidence as Proof of Commercial Value
115
The Acceptance of Archaeological Value
143
The Civil Side of Archaeological Resource
153
Using the Forfeiture Laws to Protect
169
Legal Approaches to International Trafficking
191
Recent International Cases and Prognosis
205
Appendix Archaeological Resources Protection Act
225
About the Contributors
241
Copyright

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About the author (2006)

Sherry Hutt is the Program Manager, National NAGPRA Program, a retired Superior Court judge and a former Assistant US Attorney assigned to prosecute ARPA cases. Marion Forsyth is an attorney in private practice, specializing in cultural resources matters. David Tarler is an attorney and archaeologist working as a contractor to the National Park Service Archeology Program.

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