Law’s Disaster: Heritage at Risk

Large-scale meteorological and geological events—including hurricanes, tropical storms, tornadoes, floods, blizzards, wildfires, earthquakes, extreme heat, and drought—have many consequences: loss of life, economic catastrophe, and destruction of homes among them. Perhaps less well-known are the threats to the historic and cultural sites that speak to human identity and create a sense of connection across generations. These sites are designated spaces of value, given their historical or cultural significance, and they are preserved to commemorate important moments in the story of the lived human experience. Yet hurricanes can destroy old buildings, especially ones that have not been structurally reinforced. Extreme heat and intense precipitation can reduce the lifespan of historic material through weakened joints, eroded paint and other surface protections, and mold. Climate change has made many of these large-scale events more frequent and more intense. Further, the physical vulnerability of these places is deeply tied to social vulnerability of the populations they serve. Given the climate’s increasing risks to historic sites, one might assume that disaster-related planning, mitigation, and recovery efforts are being undertaken with increased urgency. Unfortunately, this is not the case. This Article argues that historic places desperately need the protection of legal reforms at the intersection of disaster law and historic preservation law before they succumb to flame, water, wind, or the earth itself. It starts by explaining what is at stake: archaeological sites, vulnerable buildings, and even national landmarks like Mesa Verde and the Statue of Liberty. It then establishes the three stages where disaster-related legal protection of historic resources is needed: before, during, and after disaster. The Article next critiques the multi-governmental, federalist framework for heritage-related disaster law, and highlights two states and four local governments starting to make necessary reforms. While no physical or legal intervention will ever make historic sites last forever, we should change laws and policies to ensure these sites are more resilient in the face of obvious threats.

Religion as Cultural Resource

This chapter explores what results when Native peoples articulate religious claims in the language of culture and cultural resources under environmental and historic preservation law. It argues that cultural resource laws have become more fruitful in two respects. First, there is more emphatic insistence on government-to-government consultation between federal agencies and tribes. Second, in 1990, National Historic Preservation Act regulations were clarified by designating “Traditional Cultural Properties” as eligible for listing on the National Register of Historic Places and in 1992, that law was amended to formally engage tribal governments in the review process. In light of these developments, protection under the categories of culture and cultural resource have proved more capacious for distinctive Native practices and beliefs about sacred lands, but it has come at the expense of the clearer edge of religious freedom protections, while still being haunted, and arguably bedraggled, by the category of religion from which these categories ostensibly have been formally disentangled.

Defend the Sacred

From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. This book explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. This book casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.

Conserving geo-heritage ---Practical and application at Taiwan geoparks

<p><span><span>Conserving geo-heritage ---Practical and application at Taiwan geoparks </span></span></p><p><span><span> </span></span></p><p><span><span>Lin, Jiun-Chuan, Department of Geography, National Taiwan University</span></span></p><p><span><span>Su, Shew-Jiunn, Department of Geography, National Taiwan Normal University</span></span></p><p><span><span>Wang, Wen-Cheng, Department of Geography, National Taiwan Normal University</span></span></p><p><span><span>Liu, Ying-San, Department Natural Resource and Environment, Tongh-Hua University</span></span></p><p><span><span>Jon-Yuan Wang, Forestry Bureau, Council of Agriculture</span></span></p><p><span><span> </span></span></p><p><span><span>Abstract</span></span></p><p><span><span>Geo-heritage is the combination of geology and physical processes as well as the cultural characters. The awareness of the value of geo-heritage is getting more and more important in Taiwan after designation of geoparks.</span></span></p><p><span><span>The methodology to conserve the geo-heritage is rather unclear before 1985 in Taiwan. However, through designation of geoparks, the conserving geo-heritage in terms of landscape conservation, it became clearer for local people to practice.</span></span></p><p><span><span>This study demonstrates some typical ways of conserving landscapes in Taiwan geoparks. First of all, through environmental education; second, through legislation; third, through local participation on geopark affairs; Fourth, through guided tour by local interpreters.</span></span></p><p><span><span>By Environmental Education Law, everyone including all departments of different level of government works and schools have to take 4 hours’ environmental education course every year. It helps to enhance the awareness of environment conservation including conservation of geo-heritage. By Cultural Heritage Preservation Law, the designation of geoparks and natural monuments are the tools to conserve the landscapes. Local participation as a local guard on geoparks are also the ways to prevent further damages. Through interpretation on the aesthetic/ scientific value by local licensed guides for visitors,</span></span></p><p><span><span>This study demonstrates the such progresses at Taiwan Geoparks.</span></span></p><p><span><span> </span></span></p><p><span><span>Key words: geo-heritage, geo-conservation, environmental education, Taiwan geoparks</span></span></p><p> </p>

Murayama, Tomoyoshi (1901–1977)

Tomoyoshi Murayama was a multi-disciplinary Japanese artist associated with the interwar avant-garde and leftwing theater movements. After briefly attending Tokyo Imperial University, Murayama moved to Berlin in 1922, where he met Herwarth Walden and participated in The Great Futurist Exhibition at the Galerie Der Sturm. Upon returning to Japan, Murayama held his first solo exhibition in Tokyo in 1923, where he developed a theory of ‘conscious constructivism’ that called for the incorporation of everyday life into aesthetic practice. As the founding member and spokesman of the art collective Mavo, Murayama challenged prevailing notions of pure art—his mixed media assemblages included references to popular culture and industrial materials. In addition to his mixed media pieces, Murayama produced work across a range of media including children’s illustration, commercial design, theater, and film. Murayama’s theater affiliations included the Kokoro-za Theatre and the New Cooperative Theatre, and he designed the constructivist-style set for the Tsukiji Little Theatre production of From Morning Till Midnight (1924). An active member of proletarian art associations, Murayama was detained multiple times under the Peace Preservation Law, and was forced to renounce his political affiliations in 1933. In 1940, the New Cooperative Theatre and New Tsukiji Little Theatre were disbanded, and Murayama imprisoned. Following his sentence, Murayama spent the remainder of the war in Korea and Manchuria, returning to Japan after the war in 1945. His late novel Shinobi no mono (1960–1962) was adapted as a film series, play, and television program. Prior to his death, he completed a four-volume autobiography.

Disrupting the Growth Machine: Evidence from Hawai‘i

For much of its modern history, growth machine dynamics in Hawai‘i prevailed on a regional scale. Strikingly, recent events suggest that the hegemony of Hawai‘i’s growth machine has been disrupted. This article offers an in-depth case study of a major luxury development project on the island of Hawai‘i where development interests were thwarted despite the support of growth interests and local government officials. I show how local protesters made use of state-level historic preservation law, Native Hawaiian burial protections, state-level agricultural boundaries, and frames and meanings of land promulgated by the Native Hawaiian movement. Viewing this stalled housing project as an extended case study reveals how regional institutions and flexible social movement frames can be leveraged to promote alternatives to growth machines. I also highlight how distinctive regional institutions—that have evolved over time through institutional layering—may be prompting growth machine disruption in Hawai‘i, an understudied tourism and real-estate dependent economy. Finally, the case study suggests specific ways that local mobilization interacts with global economic downturns to shape spatial outcomes.

III Trust Arbitration as a Matter of National Law, 14 Arbitration of Trust Disputes in the Cayman Islands

This chapter analyzes the Cayman Islands’ view of internal trust arbitration and discusses the unique aspects of Cayman law as they relate to trust arbitration. Topics covered include the Cayman Islands Trusts Law; the Confidential Relationships (Preservation) Law (2015 Revision) which governs confidentiality of business transactions in the Cayman Islands, specifically disclosure to third parties outside of a trust; trust industry regulation; the arbitrability of disputes involving STAR trusts, a uniquely flexible type of trust that is available only in the Caymans; and the Arbitration Law (2012 Revision) which applies to all arbitration proceedings commenced in the Cayman Islands after 2 July 2012.