P Gerstenblith
Biographic Data
| ID | 981909 |
|---|---|
| NAME | P Gerstenblith |
| GIVEN NAMES | P |
| FAMILY NAME | Gerstenblith |
| SIGNATURE | GERSTENBLITH P |
| AFFILIATIONS | DePaul University |
| ORCID | 0000-0001-5515-948X |
| VERIFIED | Yes |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 41 |
| WORKS AS AUTHOR | 31 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1979 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Influenced, Influence
As I pass the 40-year mark of work in cultural heritage and cultural heritage law, I am grateful for the opportunity to reflect on how the field has evolved since the mid-1980s. This reflection acknowledges the contributions of those who influenced the early development of this field and the way their work continues today through the scholarship and activism of their successors. Evolution on the international level was matched with domestic legal…
An Introduction to Cultural Heritage Law
January 01 2024 An Introduction to Cultural Heritage Law1 Patty Gerstenblith Patty Gerstenblith Patty Gerstenblith, Ph.D, J.D., D.H.L. h.c., is Distinguished Research Professor of Law at DePaul University and Director of its Center for Art, Museum & Cultural Heritage Law. Her book, Cultural Objects and Reparative Justice: A Legal and Historical Analysis, was published by Oxford University Press in 2023. The fourth edition of her casebook, Art, Cu…
Setting the standard
Many archaeological organizations have adopted policies that prohibit being the place of first publication, or announcement, of archaeological artefacts that do not comply with the 1970 standard. Compliant objects are those documented outside their country of origin before 1970 or are documented as being legally exported. This paper argues that continued use of the 1970 standard fails to establish an ethical standard of conduct that exceeds that …
Cultural Objects and Reparative Justice
Deaccessioning art
Gerstenblith, Patty
Provenances
Provenance, the ownership history of an artifact or work of art, has become one of the primary mechanisms for determining the legal status and authenticity of a cultural object. Professional associations, including museum organizations, have adopted the "1970 standard" as a means to prevent the acquisition of an ancient object from promoting the looting of archaeological sites, which is driven by the economic gains realized through the internatio…
Gerstenblith, Patty
Unesco (1970) and Unidroit (1995) Conventions
For Better and For Worse
This article reviews the shift in cultural property litigation in the United States over the past twenty-five years from private replevin actions, in which the original owner sues the current possessor and must bear the costs as well as overcome procedural and logistical obstacles, in particular the statutes of limitation, to civil forfeiture actions instituted by the U.S. government to obtain restitution. The article then analyzes recent cases t…
The law as mediator between archaeology and collecting
The goal of the law is to encourage behaviour that is beneficial to society and to deter conduct that is detrimental, including conduct that imposes negative externalities (or costs) on others. One such detrimental activity is the looting of archaeological sites, which confers economic benefit on the individuals involved in the network of looters and smugglers, but which causes detriment to society through the loss of the knowledge that could oth…
The meaning of 1970 for the acquisition of archaeological objects
Many museum and professional associations, particularly in the United States, have adopted a 1970 standard for the acquisition of archaeological materials–that is, in recognition of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, archaeological objects should be documented has outside of their country of origin before 1970 or have been exported legall…
Cultural heritage legal summary
This article summarizes the legal developments during 2011 that affect archaeological heritage. Among the more significant developments were advances in and challenges to the use of international law in deterring the trade in undocumented antiquities and questions of whether artifacts on loan to U.S. institutions from Iran could be used to satisfy judgments against Iran awarded to victims of terrorist bombings. Finally, the article presents a pre…
Cultural Heritage Legal Summary
The year 2010 was a relatively quiet one for legal developments with respect to archaeological heritage. Some court decisions that were expected this year, such as that concerning foreign sovereign immunity for artifacts on loan from Iran to the Oriental Institute of the University of Chicago, did not materialize, while other disputes remain on appeal, such as that involving the disposition of 500,000 gold and silver coins taken from an early 19t…
Cultural Heritage Legal Summary
In 2009, nearly 55 years after the U.S. participated in the drafting of the first international convention to exclusively address the protection of cultural property, the U.S. ratified the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. New developments concerning the U.S.’ implementation of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of…
Archaeology in the Context of War
Cultural Heritage Legal Summary
In the past year acceptance of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict received significant impetus with the vote of the U. S. Senate to ratify the main Convention and the drafting of legislation by the United Kingdom and New Zealand that would implement the Convention and both Protocols. Efforts by the United States to continue implementation of the 1970 UNESCO Convention on the Means of Pr…
Cultural Heritage Legal Summary
During the past year there has been continuing progress in the ratification and implementation of the two most important international conventions that deal with tangible cultural heritage. This progress is, to some extent, surprising as it involves some of the more significant market countries, such as Germany and Switzerland. At the same time, Italy's efforts to recover its stolen cultural objects continued to meet with success as the Getty and…
Cultural Heritage Legal Summary
During the past year; there has been continued incremental progress in the ratification and implementation of international conventions, particularly the 1970 UNESCO Convention. Countries of origin, particularly Italy and Greece, have become even more active in seeking the restitution of looted antiquities, as with the ongoing trial of former Getty curator Marion True and agreements with several U. S. museums for the return of numerous artifacts.…
Response from Patty Gerstenblith
The author sets out an assumption—that the law in the area of cultural heritage is unsettled. He uses this faulty assumption as a basis for criticizing the use of and reference to legal rules within the cultural heritage field. In his introduction Audi states that he will apply a “theoretical apparatus” derived from “legal reasoning as it relates to gaps, ambiguities, or conflicts in laws” but admits that this methodology is less appropriate for …
Stealing History
Cultural Heritage Legal Summary
Chronicles (January 1, 2001 - June 30, 2001)
Conference report. Illicit Antiquities
Trade in Antiquities
Provenances
Provenance, the ownership history of an artifact or work of art, has become one of the primary mechanisms for determining the legal status and authenticity of a cultural object. Professional associations, including museum organizations, have adopted the "1970 standard" as a means to prevent the acquisition of an ancient object from promoting the looting of archaeological sites, which is driven by the economic gains realized through the internatio…
The meaning of 1970 for the acquisition of archaeological objects
Many museum and professional associations, particularly in the United States, have adopted a 1970 standard for the acquisition of archaeological materials–that is, in recognition of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, archaeological objects should be documented has outside of their country of origin before 1970 or have been exported legall…
Archaeology in the Context of War
Cultural Heritage Legal Summary
During the past year there has been continuing progress in the ratification and implementation of the two most important international conventions that deal with tangible cultural heritage. This progress is, to some extent, surprising as it involves some of the more significant market countries, such as Germany and Switzerland. At the same time, Italy's efforts to recover its stolen cultural objects continued to meet with success as the Getty and…
Cultural Heritage Legal Summary
In the past year acceptance of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict received significant impetus with the vote of the U. S. Senate to ratify the main Convention and the drafting of legislation by the United Kingdom and New Zealand that would implement the Convention and both Protocols. Efforts by the United States to continue implementation of the 1970 UNESCO Convention on the Means of Pr…
Cultural Heritage Legal Summary
During the past year; there has been continued incremental progress in the ratification and implementation of international conventions, particularly the 1970 UNESCO Convention. Countries of origin, particularly Italy and Greece, have become even more active in seeking the restitution of looted antiquities, as with the ongoing trial of former Getty curator Marion True and agreements with several U. S. museums for the return of numerous artifacts.…
For Better and For Worse
This article reviews the shift in cultural property litigation in the United States over the past twenty-five years from private replevin actions, in which the original owner sues the current possessor and must bear the costs as well as overcome procedural and logistical obstacles, in particular the statutes of limitation, to civil forfeiture actions instituted by the U.S. government to obtain restitution. The article then analyzes recent cases t…
Cultural Heritage Legal Summary
In 2009, nearly 55 years after the U.S. participated in the drafting of the first international convention to exclusively address the protection of cultural property, the U.S. ratified the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. New developments concerning the U.S.’ implementation of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of…
Cultural Heritage Legal Summary
The year 2010 was a relatively quiet one for legal developments with respect to archaeological heritage. Some court decisions that were expected this year, such as that concerning foreign sovereign immunity for artifacts on loan from Iran to the Oriental Institute of the University of Chicago, did not materialize, while other disputes remain on appeal, such as that involving the disposition of 500,000 gold and silver coins taken from an early 19t…
The Court of the Palms
A Reassessment of the Beginning of the Middle Bronze Age in Syria-Palestine
Guggenheim v Lubell
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Recent Developments in the Law of Extinctive Prescription in the United States
Journal Article Recent Developments in the Law of Extinctive Prescription in the United States Get access Patty Gerstenblith Patty Gerstenblith 1Patty Gerstenblith is Associate Professor of Law, DePaul University College of Law; A.B., Bryn Mawr College, 1971; Ph.D., Harvard University, 1977; J.D., Northwestern University School of Law, 1983. I wish to thank Tamara Klein for her assistance in preparing this article. Search for other works by this …
United States News Notes
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Trade in Antiquities
Conference report. Art, antiquity, and the law
Conference report. Illicit Antiquities
Chronicles (January 1, 2001 - June 30, 2001)
Cultural Heritage Legal Summary
Stealing History
Cultural Heritage Legal Summary
During the past year; there has been continued incremental progress in the ratification and implementation of international conventions, particularly the 1970 UNESCO Convention. Countries of origin, particularly Italy and Greece, have become even more active in seeking the restitution of looted antiquities, as with the ongoing trial of former Getty curator Marion True and agreements with several U. S. museums for the return of numerous artifacts.…
Response from Patty Gerstenblith
The author sets out an assumption—that the law in the area of cultural heritage is unsettled. He uses this faulty assumption as a basis for criticizing the use of and reference to legal rules within the cultural heritage field. In his introduction Audi states that he will apply a “theoretical apparatus” derived from “legal reasoning as it relates to gaps, ambiguities, or conflicts in laws” but admits that this methodology is less appropriate for …
Cultural Heritage Legal Summary
During the past year there has been continuing progress in the ratification and implementation of the two most important international conventions that deal with tangible cultural heritage. This progress is, to some extent, surprising as it involves some of the more significant market countries, such as Germany and Switzerland. At the same time, Italy's efforts to recover its stolen cultural objects continued to meet with success as the Getty and…
Archaeology in the Context of War
Cultural Heritage Legal Summary
In the past year acceptance of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict received significant impetus with the vote of the U. S. Senate to ratify the main Convention and the drafting of legislation by the United Kingdom and New Zealand that would implement the Convention and both Protocols. Efforts by the United States to continue implementation of the 1970 UNESCO Convention on the Means of Pr…
Cultural Heritage Legal Summary
In 2009, nearly 55 years after the U.S. participated in the drafting of the first international convention to exclusively address the protection of cultural property, the U.S. ratified the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. New developments concerning the U.S.’ implementation of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of…
Cultural Heritage Legal Summary
The year 2010 was a relatively quiet one for legal developments with respect to archaeological heritage. Some court decisions that were expected this year, such as that concerning foreign sovereign immunity for artifacts on loan from Iran to the Oriental Institute of the University of Chicago, did not materialize, while other disputes remain on appeal, such as that involving the disposition of 500,000 gold and silver coins taken from an early 19t…
Cultural heritage legal summary
This article summarizes the legal developments during 2011 that affect archaeological heritage. Among the more significant developments were advances in and challenges to the use of international law in deterring the trade in undocumented antiquities and questions of whether artifacts on loan to U.S. institutions from Iran could be used to satisfy judgments against Iran awarded to victims of terrorist bombings. Finally, the article presents a pre…
The law as mediator between archaeology and collecting
The goal of the law is to encourage behaviour that is beneficial to society and to deter conduct that is detrimental, including conduct that imposes negative externalities (or costs) on others. One such detrimental activity is the looting of archaeological sites, which confers economic benefit on the individuals involved in the network of looters and smugglers, but which causes detriment to society through the loss of the knowledge that could oth…
The meaning of 1970 for the acquisition of archaeological objects
Many museum and professional associations, particularly in the United States, have adopted a 1970 standard for the acquisition of archaeological materials–that is, in recognition of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, archaeological objects should be documented has outside of their country of origin before 1970 or have been exported legall…
For Better and For Worse
This article reviews the shift in cultural property litigation in the United States over the past twenty-five years from private replevin actions, in which the original owner sues the current possessor and must bear the costs as well as overcome procedural and logistical obstacles, in particular the statutes of limitation, to civil forfeiture actions instituted by the U.S. government to obtain restitution. The article then analyzes recent cases t…
Gerstenblith, Patty
Unesco (1970) and Unidroit (1995) Conventions
Provenances
Provenance, the ownership history of an artifact or work of art, has become one of the primary mechanisms for determining the legal status and authenticity of a cultural object. Professional associations, including museum organizations, have adopted the "1970 standard" as a means to prevent the acquisition of an ancient object from promoting the looting of archaeological sites, which is driven by the economic gains realized through the internatio…
Archaeological Research and Protection (19 works) · History (19 works) · Political science (19 works) · History (17 works) · Law (17 works) · Archaeology (15 works) · Cultural heritage (15 works) · Law (14 works) · Cultural property (11 works) · Computer Science (8 works)