Click on the film title to read our reviews.
Astrid:
New York, New York :
Comes A Horseman:
Nick:
Stardust Memories:
To Have And Have Not:
The Misfits:
Monday, October 31, 2011
We're 200 reviews old! Here's some personal favorites
To celebrate that My Lawyer Will Call Your Lawyer recently passed 200 posts, we decided to pick three of our favorite reviews so far.
Click on the film title to read our reviews.
Astrid:
New York, New York :
Brief Encounter:
Comes A Horseman:
Nick:
Stardust Memories:
To Have And Have Not:
The Misfits:
Click on the film title to read our reviews.
Astrid:
New York, New York :
Comes A Horseman:
Nick:
Stardust Memories:
To Have And Have Not:
The Misfits:
Sunday, October 30, 2011
VOA Report: Afghan Archeologists Race Against Time to Find Treasures
Voice of America has an interesting report titled "Afghan Archeologists Race Against Time to Find Treasures." Thanks go to the Archaeology News Network for bringing attention to this video.
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CONTACT INFORMATION: http://www.culturalheritagelawyer.com/.
DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Friday, October 28, 2011
Savedoff Pleads Guilty to Stealing Historical Documents from Museums and Archives
Jason Savedoff entered a guilty plea this week to charges of conspiracy to commit theft of major artwork and theft of major artwork for his role in the theft of historical documents from museums and archives along the east coast. Savedoff’s co-defendant, Barry Landau, is scheduled for trial. Landau is expected be sentenced to a prison term of 4-12 years in February 2012.
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The Washington Post reports: “The pair compiled lists of historical and famous figures, often noting the market value of documents signed by those figures, and Savedoff identified collections with valuable documents that they could target, according to the plea. They used different routines to distract librarians and would stash documents inside sport jackets and overcoats that had been altered to add large hidden pockets.
…
Searches of Landau’s apartment in July turned up thousands of documents. According to Savedoff’s plea, these included documents signed by historical figures from both sides of the Atlantic. They range from American presidents such as George Washington, Franklin D. Roosevelt, Abraham Lincoln and John Adams to French leaders such as Marie Antoinette and Napoleon Bonaparte, and German philosopher Karl Marx.”
Photo: President Lincoln taken on the balcony at the White House, March 6, 1865. Library of Congress, public domain.
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/.
Detectives Working to Save Art and Cultural Heritage
Tricia Bishop of the Baltimore Sun has a worthwhile piece titled Art investigators: Saving the country's cultural heritage, one recovered work at a time. Passion drives the overworked and underappreciated. You can read it at http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-history-thieves-20111007,0,443863,full.story.
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/.
DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/.
DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Thursday, October 27, 2011
Public Comments Submitted to the Cultural Property Advisory Committee (CPAC) in Support of US-Bulgaria MoU Protecting Cultural Property
Should the Committee agree that cultural patrimony located within Bulgaria is in jeopardy from pillage and that the CPIA’s other determinations have been meet, the Committee’s support for the MoU with Bulgaria would permit US authorities to more vigorously curb illegal international artifacts trafficking.
Enactment of the MoU would strengthen America's commitment to protect evidence of the past threatened by archaeological site looting and to protect cultural identity undermined by the theft of ethnological materials. The theft of artifacts from the ground permanently erases the archaeological record. Knowledge of history, culture, or identity is often eliminated when on-site scientific study of historical, pre-historical, or ethnographic evidence is marred by looters, smugglers, and unlawful receivers of trafficked antiquities.
Archaeologists, law enforcement officers, and others possessing first-hand experience with cultural objects originating from Bulgaria are in the best position to describe the situation; their observations should be afforded considerable weight. The Committee should be mindful too of the experiences of our international friends. Canada’s recent interdiction of a large volume of smuggled cultural material from Bulgaria is noteworthy.
Americans’ support for the protection of history, heritage, and cultural identity builds on a legacy exemplified by President Reagan’s adoption of the CPIA. More than three in five Americans believe that artifacts should not be removed from another nation without that country's assent. These were the findings of a 2000 Harris Interactive poll, and there is little reason to believe that sentiments have changed.
President Nixon remarked that the 1970 UNESCO Convention “is a significant effort … to help preserve the cultural resources of mankind.” These words resonate today, urging support for the MoU.
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Enactment of the MoU would strengthen America's commitment to protect evidence of the past threatened by archaeological site looting and to protect cultural identity undermined by the theft of ethnological materials. The theft of artifacts from the ground permanently erases the archaeological record. Knowledge of history, culture, or identity is often eliminated when on-site scientific study of historical, pre-historical, or ethnographic evidence is marred by looters, smugglers, and unlawful receivers of trafficked antiquities.
Archaeologists, law enforcement officers, and others possessing first-hand experience with cultural objects originating from Bulgaria are in the best position to describe the situation; their observations should be afforded considerable weight. The Committee should be mindful too of the experiences of our international friends. Canada’s recent interdiction of a large volume of smuggled cultural material from Bulgaria is noteworthy.
Americans’ support for the protection of history, heritage, and cultural identity builds on a legacy exemplified by President Reagan’s adoption of the CPIA. More than three in five Americans believe that artifacts should not be removed from another nation without that country's assent. These were the findings of a 2000 Harris Interactive poll, and there is little reason to believe that sentiments have changed.
President Nixon remarked that the 1970 UNESCO Convention “is a significant effort … to help preserve the cultural resources of mankind.” These words resonate today, urging support for the MoU.
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Wednesday, October 26, 2011
Keeping the Lid on Davy Jones' Locker: The Protection of Underwater Cultural Heritage from Titanic to Today
[UPDATE Nov. 15, 2011: The conference was very successful.]
CONTACT INFORMATION: http://www.culturalheritagelawyer.com/.
Falling in Love (1984) Directed by Ulu Grosbard
Astrid:
I went to the library last week and borrowed a pile of movies to watch while Nick was too busy to sit down with me. I have squirmed through Last Chance Harvey with the elderly Dustin Hoffman and Emma Thompson embarrassing themselves as new lovers. I knitted my way through Flash of Genius and was actually moved by The Great Debaters. One evening Nick was home and I had saved us the most romantic of my library choices, Falling in Love.
Falling in Love pictures Robert De Niro and Meryl Streep falling for each other in New York – or on the train going there actually. It describes the tangles and mess of being already married but falling for someone new...and not being able to recover from those feelings. This was a film I had seen a glimpse of many years ago on TV and had since dreamed of it as a great unattainable movie. Sure, had I seen Falling in Love in the 1990s I would have truly loved it. Now I could not help but notice that it was a little hollow here and there, the clothes on Meryl were 4 sizes too big and Robert's intensity was a misplaced leftover from Raging Bull or some other testosterone-role. After seeing him in all the aggressive and violent roles he was so brilliant at all through the 1970s, as a viewer I could not trust that he wasn't actually a psycho waiting to blow his fuse...not a good thing for a romantic drama with no intended edge.
Falling in Love casts the great Diane Wiest as Meryl's single girlfriend. Although her role is not big here, she is funny and deep even in the small supporting role. I have grown to love Diane Wiest over the last couple of years. Not the least because of her role in Hannah and Her Sisters and her version of a psychotherapist in the TV-series In Treatment. She is the New York woman.
Nick:
My life is a perpetual blur at this time. Flu has been a constant companion, I just cant shake it. I'm drowning in things to do, the in-tray permanently full. I'm waiting for a lull. It feels like it ain't coming. So this past Sunday finally arrives and palatable relief. I've not had a genuine day off in weeks. Here it is. Time with my family, nice. Unwind, relax. Falling In Love, let the blandness wash over you. It's an easy option when my brain won't engage. Powerhouses of American acting share the screen, New Hollywood graduate behind the camera, it's a sure fire wet dream! No? Why? Surely? Don't piss on my undemanding mode of operation. This film's actual stiffness becomes a problem that precludes me from merely just enjoying it.
Here's the problem: Grosbard has a history of average movies behind him, with a couple of alright efforts (True Confessions, Straight Time). He brings willful arty pointlessness to Falling in Love. This could be OK in some faux-European-Art-House-movie sense, but Falling In Love has the flat feel of a US TV movie from 1981. Falling In Love also takes an age to get going. So, in my tried impatience, I don't want anymore scenes of the main protagonists Meryl Streep and Robert De Niro nearly meeting on their train into New York, nearly exchanging glances and so on ad-nauseum. It's shocking that De Niro and Streep accepted this slow slow slow build-up. Falling In Love is a picture about finding one's true love despite existing, established surroundings. The chance meeting. Is this a new Brief Encounter? If only.
I did catch this when it first came out. It was all the rage back in 1984 and I was seduced by Streep and De Niro. The pretension that so inflicts almost every frame of Falling In Love was somehow acceptable in those hollow times. When eventually these confused lovers get it together in Falling In Love a sense of "thank god this is over" transpires. A wooden turkey from people who should know better.
State Department Clarifies US-Egypt MoU
The US State Department released this statement today, quoted in its entirety:
"Potential Memorandum of Understanding between U.S. Immigration and Customs Enforcement and Egypt's Ministry of State for Antiquities
The Department of State's Cultural Heritage Center has become aware that confusion exists concerning a potential MOU between U.S. Immigration and Customs Enforcement and Egypt's Ministry of State for Antiquities. Such an agreement would differ from the type of MOU made under Article 9 of the 1970 UNESCO Convention for import restrictions on certain categories of cultural materials. The Department understands that the MOU presently under discussion by U.S. Immigration and Customs Enforcement concerns information exchange and not import restrictions. If the Government of the Arab Republic of Egypt requests an agreement pursuant to Article 9 of the 1970 UNESCO Convention, the Department of State would announce receipt of such a request in the Federal Register. This procedure is the only means currently available to a country wishing U.S. import restrictions on its cultural property."
Source: http://exchanges.state.gov/heritage/whatsnew.html
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
"Potential Memorandum of Understanding between U.S. Immigration and Customs Enforcement and Egypt's Ministry of State for Antiquities
The Department of State's Cultural Heritage Center has become aware that confusion exists concerning a potential MOU between U.S. Immigration and Customs Enforcement and Egypt's Ministry of State for Antiquities. Such an agreement would differ from the type of MOU made under Article 9 of the 1970 UNESCO Convention for import restrictions on certain categories of cultural materials. The Department understands that the MOU presently under discussion by U.S. Immigration and Customs Enforcement concerns information exchange and not import restrictions. If the Government of the Arab Republic of Egypt requests an agreement pursuant to Article 9 of the 1970 UNESCO Convention, the Department of State would announce receipt of such a request in the Federal Register. This procedure is the only means currently available to a country wishing U.S. import restrictions on its cultural property."
Source: http://exchanges.state.gov/heritage/whatsnew.html
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Terms of the Panama-US Trade Promotion Agreement
The ratification by the US Congress of the Panama-US Trade Promotion Agreement ends a long 8-year negotiation process with several ups and downs. La Prensa provides a summary of the terms and history of the Agreement.
Enforcement of Intellectual Property Protection Between Mexico and the United States: A Precursor of Criminal Enforcement for Western Hemispheric Integration?
Panama: Central American Countries Aim for Free Trade Agreement
Reformas, TLC y realidades
Lawyers will submit legislation to protect themselves from FTA
Position of Bar Association regarding FTA
Enforcement of Intellectual Property Protection Between Mexico and the United States: A Precursor of Criminal Enforcement for Western Hemispheric Integration?
Panama: Central American Countries Aim for Free Trade Agreement
Reformas, TLC y realidades
Lawyers will submit legislation to protect themselves from FTA
Position of Bar Association regarding FTA
Tuesday, October 25, 2011
Cultural Heritage Looting in Bulgaria
The Bulgarian governments’ request to secure cultural heritage import protections under the Cultural Property Implementation Act spotlights the ancient history present in that country as well as modern day artifact looting.
A short 2009 documentary, produced by SBS and distributed by Journeyman Pictures, films antiquities looters in action in Bulgaria, follows archaeologists to ancient sites, and interviews some of those involved in collecting and in prosecuting crimes. It is worth watching in anticipation of the upcoming meeting of the Cultural Property Adivsory Committee (CPAC) on November 16. See the documentary in two parts below.
Additional information can be found in Organized Crime in Bulgaria: Markets and Trends (2007) by the Center for the Study of Democracy. The publication describes some of the challenges to cultural heritage protection in Bulgaria. Pertinent information begins at page 177 and can be found at http://www.csd.bg/artShow.php?id=9120.
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
A short 2009 documentary, produced by SBS and distributed by Journeyman Pictures, films antiquities looters in action in Bulgaria, follows archaeologists to ancient sites, and interviews some of those involved in collecting and in prosecuting crimes. It is worth watching in anticipation of the upcoming meeting of the Cultural Property Adivsory Committee (CPAC) on November 16. See the documentary in two parts below.
Additional information can be found in Organized Crime in Bulgaria: Markets and Trends (2007) by the Center for the Study of Democracy. The publication describes some of the challenges to cultural heritage protection in Bulgaria. Pertinent information begins at page 177 and can be found at http://www.csd.bg/artShow.php?id=9120.
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Monday, October 24, 2011
Winter is the perfect time to focus on professional development! - Cultural Property Law - Rural Cultural Environment
CULTURAL PROPERTY LAW – Compact Schedule
Archaeological site looting, transnational antiquities trafficking and armed conflicts threaten global cultural heritage. This course examines the international, national and state legal frameworks for the protection and movement of cultural property. Topics for discussion include the 1954 Hague Convention, the 1970 UNESCO Convention, the ICOM Code of Ethics, the National Stolen Property Act and the Cultural Property Implementation Act. The course also introduces students to important national heritage laws such as the Archaeological Resources Protection Act and the rules governing shipwrecks. State statutes and the common law regulating cultural property are also reviewed.
Taught in Concord by Ricardo A. St. Hilaire, Esq. 3 credits.
Friday, December 2: 4 – 10 p.m.
Saturday, December 3: 10 a.m. – 4 p.m.
Friday, December 9: 6 – 9 p.m.
Saturday, December 10: 10 a.m. – 4 p.m.
Friday, December 16: 4 – 10 p.m.
Saturday, December 17: all day (field trip to the Museum of Fine Arts, Boston)
Friday, December 23: 6 – 9 p.m.
THE RURAL CULTURAL ENVIRONMENT: ARCHITECTURE AND LANDSCAPE – Online Course
This course uses the rural countryside as a laboratory to examine the cultural landscape. It will trace the impact of natural, cultural, economic, and technological forces on the “built” environment. The course studies the evolution of buildings and their settings, with emphasis on settlement and rural industrialization. Subjects to be discussed include the evolution of architectural styles and construction techniques, town planning and land division, the evolution of transportation and the harnessing of water power. Although the course will use specific locales as examples, it is intended to instill general principles by which any human landscape can be examined and interpreted in relationship to natural resources and human culture.
Taught entirely online by Benoni Amsden, PhD, Center for Rural Partnerships, PSU. 3 credits.
Sessions being January 6 and end February 16, 2012. Two self-directed field trips are required.
***
To learn more about PSU’s Certificate in Historic Preservation, visit http://www.plymouth.edu/graduate/siteindex/#h and click on “Historic Preservation Certificate”
or contact Dr. Stacey Yap, program coordinator, at staceyy@plymouth.edu, (603) 535-2333.
**Please feel free to forward this information to your networks**
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Sunday, October 23, 2011
Antiquities Trafficking: A US-Egyptian Agreement in the Works?
Egypt is to sign an agreement with the United States to combat antiquities trafficking, according to a report in Ahram Online today. See the story at http://english.ahram.org.eg/NewsContent/9/40/24873/Heritage/Ancient-Egypt/New-strategy-to-prevent-illegal-trade-in-Egyptian-.aspx.
CONTACT INFORMATION: www.culturalheritagelawyer.com.
CONTACT INFORMATION: www.culturalheritagelawyer.com.
Friday, October 21, 2011
CPAC Public Comments Start to Pour In on Bulgaria's Request for Cultural Heritage Import Protections under the CPIA
The public comment period has begun regarding the Bulgarian government's request for cultural property protections by the United States. The Cultural Property Advisory Committee (CPAC) meets on November 16, 2011 to consider the matter—as well as a similar request by the government of Belize—for import protections pursuant to the Cultural Property Implementation Act (CPIA).
Ancient coin collectors this week actively have been submitting comments to CPAC, appearing to have responded to listserv calls to contact the committee in opposition to the Bulgarian request. Few electronic comments in support have been filed. Most comments thus far are from individuals as opposed to institutions.
As of this writing, 44 total public submissions have been made (UPDATE: 216 submissions as of October 26, 2011; 421 submissions as of midday November 2, 2011; 504 as of November 3, 2011 after the November 2 deadline), largely voicing opposition to protections covering ancient coins. Three sample comments in opposition and one sample comment in support appear below:
“Although assistance should be given to Bulgaria to restrict the import of specific types of antiquities that can only have originated in that country, coins should not be included. . . . There is no way to tell if a coin was found in Bulgaria or some other Mediterranean country, and the claim that all such coins are property of Bulgaria is not supported by law or common sense. . . . Yours sincerely, Jeffrey Spier Fellow, American Numismatic Society.”
“I am very passionate about: collecting Roman Imperial and Greek coins. I am very troubled by restrictions on collecting that would kill my hobby. This is much more than hobby. Yes I collect coins. I am also preserving history and sharing it with school children during classmate presentations. There are billions of pre - 1600 coins. These are not rare pieces. They are found in lots of 1000 . . . .”-David Hunt
“Bulgaria wants to restrict exporting antiquities (such as the coins?) that are already spread around the world and are not very valuable to begin with? Really?! Come on; don't go there! It's just silly...” –Col Dupont, C L Dupont Ancient Coin Jewelry
“I write in full support of Bulgaria's recent request that the US accepts the petition, to help the country protecting its great heritage. It is a mystery to me how one should officially legitimate cases like the one very recent, were (sic) 21,000 objects have left Bulgaria illegally, were shipped half across the world to end up in North America. Thousands of objects would have ended up on the market, sold by those who make private profit with the heritage of another country while not respecting Bulgarian laws as well as not respecting American laws relating to stolen property. In 1992, some 5,000 icons were disappearing in one single year from Bulgaria. Bulgaria's request should get full support. . . .” –Nagel Alexander, Smithsonian Institution
Mr. Alexander’s comment appears to reference the June 2011 return by Canada of 21,000 illegally imported ancient coins, jewelry, and cultural artifacts and seized by the Royal Canadian Mounted Police in November 2008. The Canadian government observed in a June 10, 2011 press release marking the repatriation of the cultural objects: “These objects, many of which were illegally excavated, cover more than 2600 years of the history of Bulgaria. This collection includes more than 18,000 coins, as well as a number of artifacts including bronze eagles, rings, pendants, belt buckles, arrows and spearheads, and bone sewing needles. They represent a mix of Hellenistic, Roman, Macedonian, Byzantine, Bulgarian, and Ottoman cultural heritage.” Access the full press release at http://www.pch.gc.ca/pc-ch/infoCntr/cdm-mc/index-eng.cfm?action=doc&DocIDCd=CR110217.
Recently, the Archaeological Institute of America issued a call to action on its web site, posting "Support the preservation of Belizean and Bulgarian archaeological heritage by writing a letter to the Cultural Property Advisory Committee urging them to create bilateral agreements with Belize and Bulgaria!" http://archaeological.org/CPAC
Those wishing to submit public comment can go to http://www.regulations.gov/#!submitComment;D=DOS-2011-0115-0001. Comments should address the so-called “four determinations” under the CPIA. Quoting the statute, the four determinations are:
(A) [whether] the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party;
(B) [whether] the State Party has taken measures consistent with the Convention to protect its cultural patrimony;
(C) [whether] --
(i) the application of the import restrictions . . . with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties [to the 1970 UNESCO Convention]) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and
(ii) remedies less drastic than the application of the restrictions set forth in such section are not available; and
(D) [whether] the application of the import restrictions . . . in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.
_____________
Photo of Thracian rhtyon used pursuant to Creative Commons permission: The Panagyurishte Treasure, October 2009, author http://www.flickr.com/photos/sitomon/.
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Thursday, October 20, 2011
Custer Battlefield Museum Lawsuit Against Federal Agents Dismissed in District Court
In a September 12, 2011 opinion, Judge Richard Cebull dismissed Kortlander’s claims saying they either violated the statute of limitations, were “implausible,” or “frivolous.” The court entered the dismissal with prejudice, meaning the matter could not be brought forward again. The reason given was “futility alone.”
The federal investigation began into Kortlander and the museum after “the Bureau of Land Management Office of Law Enforcement and Security began receiving complaints that Kortlander was selling artifacts on Ebay that he claimed were recovered from the Little Big Horn battlefield,” according to the district court opinion. The investigation broadened to include potential illegal activity involving eagle parts. Bureau of Land Management and US Fish and Wildlife took the lead in the investigation, and the agencies gathered information that led to the issuance of two court authorized search warrants in 2005 and 2008. The prosecution decided in 2009 not to pursue indictments.
See the district court’s full opinion at http://docs.justia.com/cases/federal/district-courts/montana/mtdce/1:2010cv00155/38767/34/.
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Ninth Circuit Sends Custer Battlefield Museum Case Back to Lower Court - Lawsuit Seeks Unfettered Public Access to Search Warrant Affidavits
With no charges filed in a case targeting the Custer Battlefield Museum in Montana, the Ninth Circuit Court of Appeals has ruled that sealed search warrants and affidavits may be accessible to the public. Law enforcement officers from the Bureau of Land Management and other agencies searched the museum in 2005 and 2008. Court records reveal that the investigation focused on attempts to sell migratory bird parts as well as misrepresentation of provenance surrounding the sale of cultural artifacts.
Christopher Kortlander, owner and operator of the museum, has complained in lawsuits and public statements that the law enforcement raids were excessive and that he was unfairly targeted. As a result, he made seven Freedom of Information Act requests for investigative information regarding himself, Historical Rarities, Inc., Elizabeth Custer Museum and Library, Inc., Custer Battlefield Museum, and local stores. In 2010, Kortlander requested copies of search warrant affidavits. These affidavits normally contain the details of a police investigation.
The US Attorney’s Office in Montana eventually assented to the release of the material, but prosecutors urged the court, as reported in the Ninth Circuit opinion, to “’limit dissemination of the material to Kortlander’s personal review and/or for inclusion in any future court filings,” citing privacy interests of third parties.’ The government said: [C]oncerns have been raised that information collected by Kortlander may be posted on web sites. The Ninth Circuit has explained that ‘the privacy interests of the individuals identified in the warrants and supporting affidavits’ supports the conclusion that warrant-related material not be made available for public dissemination. Times Mirror Co. v. United States, 873 F.2d 1210, 1216 (9th Cir. 1989).’” (quoting the government’s legal brief).
The lower court originally sided with the government. The federal district court authorized the release of the documents to Kortlander in particular, but restricted them from further public view. The court of appeals, however, overruled the district court and sent the case back to the district court, ruling: “We hold that the public has a qualified common law right of access to warrant materials after an investigation has been terminated. . . . [T]he matter is remanded to the district court to reapply the common law standard to Kortlander’s request. We decline to decide whether the public has a qualified First Amendment right of access to warrant materials after an investigation has been terminated. In the event that the court denies Kortlander unrestricted access to the warrant materials under the common law, the court should decide in the first instance whether the First Amendment right applies to post-investigation warrant materials and, if so, whether Kortlander is entitled to unrestricted access under the First Amendment . . .”
The full opinion can be found here: http://www.ca9.uscourts.gov/datastore/opinions/2011/09/30/10-30222.pdf.
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Societe Generale leaving Panama (again)
This the case of the bankers who cried "wolf".Societe Generale with great fanfare announced that they were leaving Panama in 2010 because of its "tax haven" status. What the media had missed was that they already announced in 2002 they were leaving Panama because of the country being considered a tax haven. Somehow Panama was a market good enough to return after 2002, or each closure is an excuse to cover up bad management of the branch.
Of course, Panama News also concluded in 2002 that the "entire offshore financial services sector's days are numbered". After that "prediction" the Panama banking sector has excess liquidity up to the point that some banks reject non-resident clients.
Now the French authorities have declared that even after Panama signing a double-taxation treaty with France, the Isthmus is still a "tax haven".
Societe Generale leaving Panama
Citing special charges and delays imposed by other countrie on financial transactions that involve Panama, France's second-largest bank, Societe Generale, is closing its operations in Panama City's banking center. Brazil, Venezuela, Mexico, Argentina and Peru all discriminate against transactions involving Panama, mainly because those countries have long experience with their public officials laundering the proceeds of corrupt practices here. Societe Generale joins UBS and ABN Amro Bank in the line of European financial institutions leaving Panama, and its departure is taken by some analysts as another sign that the entire offshore financial services sector's days are numbered.
http://www.thepanamanews.com/pn/v_08/issue_14/business_briefs.html July 28-August 10, 2002
http://www.thepanamanews.com/pn/v_08/issue_14/business_briefs.html July 28-August 10, 2002
Societe Generale moves Mexico ops. to France - Mexico, Panama
France's second largest private bank in terms of assets Societe Generale has decided to manage its Mexican customers' accounts from France rather than from its Panamanian branch, Societe Generale Panama CEO Celestin Cuq told Panamanian daily La Prensa.
Mexico charges a 15% tax on operations conducted through Panamanian banks, yet Mexico and France have a mutual tax waiver agreement, so it makes sense for Societe Generale to serve its Mexican clients from France, despite Panama's offshore status.
Fellow European banks UBS and ABN Amro also pulled out of Panama in 2001 for the same reason. However, Cuq said Societe Generale would maintain a representative office in Panama because it is of strategic value for securing business in Central America and the Caribbean.
http://www.bnamericas.com/news/banking/Societe_Generale_moves_Mexico_ops,_to_France Published: Friday, July 26, 2002 14:15
SOCIETE GENERALE : La SocGen examine des "anomalies" sur un compte de Singapour
Tous les articles PARIS, 1er avril (Reuters) - La Société Générale enquête sur des "anomalies" trouvées dans le compte d'un client supervisé par l'un de ses banquiers privés à Singapour, a déclaré jeudi un porte-parole de la banque.
Ce dernier n'a pas donné de précision sur la nature de ces anomalies mais il a dit qu'elles avaient été détectées en février et que la banque avait immédiatement informé les clients qui pourraient être concernés.
Il a ajouté que la banque faisait son possible pour résoudre la question rapidement dans l'intérêt de sa clientèle.
La banque a engagé en mars Benedikt Maissen, un ex-responsable de la Barclays, pour ses opérations en Asie.
Benedikt Maissen, 50 ans, rendra compte à Pierre Baer, responsable des opérations de banque privée de la Société Générale à Singapour et en Asie méridionale.
(Sudip Kar-Gupta, avec la contributioon de Wilfrid Exbrayat, édité par Jean-Michel Bélot)
http://www.investir.fr/infos-conseils-boursiers/actus-des-marches/infos-marches/la-socgen-examine-des-anomalies-sur-un-compte-de-singapour-239387.php 01/04/10 Ã 16:04 - REUTERS 0 commentaire
Former Societe Generale Trader Goes on Trial
Trial began Tuesday for a former trader accused of brining losses of 5 billion euros (5.95 billion U.S. dollars) to the French bank Societe Generale SA (SG).
About 50 witnesses were expected to be called in the three-week trial of Jerome Kerviel, who is charged with forgery, breach of trust and unauthorized computer use. Kerviel faces five years in prison as well as a fine of 375,000 euros (448,000 dollars), if convicted.
In addition, his former employer Societe Generale would demand a sum of 4.9 billion euros (5.83 billion dollars) in compensation for damages, SG lawyer Jean Veil told the Sunday paper Le Journal du Dimanche.
http://english.cri.cn/6966/2010/06/08/1461s575490.htm 2010-06-08 19:52:40 Xinhua Web Editor: Zhang Jin
Wednesday, October 19, 2011
Congressional Recognition of National Archaeology Day
CONTACT INFORMATION: www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Tuesday, October 18, 2011
Terms of Endearment (1983) Directed by James L. Brooks
Nick:
I get it sometimes when extremely tired, also when mentally and emotionally hurt. If I bang my little toe on the sideboard, I get it too. What is it I get? I get a handful of hankies/tissue papers and ultimately a flood of tears. Yes, I get tearful. I cry watching movies (I'm sure I've mentioned this here before?) King Kong does it for me every time (strangely the 1970's remake!?) And some other pictures like say, Casablanca or the Clint Eastwood/Meryl Streep definition of the modern weepie, The Bridges Of Madison County. Terms Of Endearment is a terrible film. There is no way for me to avoid making that statement. It's smug and self-satisfied and has the worst chirpy-fucking-chirp soundtrack. Add this to shallow characterization in a film that thinks it's dealing with real issues. Yet, this film makes me blub like a baby every time. Why?
Hateful mum (Shirley MaClaine, sister of Warren) resents getting old, treats grown-up daughter (Debra Winger) terribly. Mother does not agree with her daughter's pending wedding to Stephen Malkmus clone Flap (Jeff Daniels). After the marriage a few years whiz by. Daughter has children all the time whilst husband moves family around America, accepting teaching jobs and having affairs with students. Daughter has affair with ugly bank manager and is diagnosed with cancer. Lots of guilt ensues. Daughter dies. Crying starts. This is basically the plot of Terms Of Endearment. I forgot to mention that MacLaine is excellent and that Jack Nicholson as a boozy womanizing astronaut steals the film. In fact the hateful mother and the crazy astronaut scenes elevate Terms Of Endearment momentarily to greatness. Unfortunately, the movie focuses too much on the duller-than-life daughter's story.
Despite my boredom with this twee Americana and the essentially slavish mentality of the do-gooding Winger character, once she's on her death bed, being so brave and the big C is coming to get her and she says goodbye to her kids and her husbands a shit, the hateful mum keeps the children once she's gone, all this emotion just does me in, it's too much for me ...boo hoo hoo....... So, I say it again. Terms Of Endearment is a terrible film. One that brings the tears out in me and I don't know why (or maybe I'm being coy?).
Astrid:
Terms of Endearment is a film I cannot discuss without acknowledging that I took it very personally indeed. I (along with a surprisingly big number of my close friends) am currently expecting a baby. Needless to say, at this point this fact influences my perspective on almost anything I experience. Yet, because Terms of Endearment is largely about a mother-daughter relationship once the daughter has started her own family, I watched it especially closely with mother-to-be spectacles on.
The movie portrays a mother (MacLaine) who has difficulty letting go of her daughter and accepting and supporting her in her independent choices. In fact, the mother has obviously always been using the daughter for her emotional needs rather than offering her own shoulder of support for her growing child. That becomes clear from the beginning of the film. The mother does not approve of the daughter's (Winger) hair, girlfriend, husband, or any choices for that matter. The film offers no explanation as to why these people have turned out the way they are. The mother is rich and the daughter ends up poor and uneducated with three children and a philandering looser husband. The mother finally breaks her years of loneliness by starting an affair with her neighbor, an alcoholic astronaut (Nicholson). All the while the mother keeps herself suffocatingly close to the daughter by phoning her up everyday, all day long. I'm not sure if the film is aware of its portrayal of co-dependency, but that's what it certainly depicts.
Terms of Endearment is infuriatingly flawed. It creates very flawed characters and leaves the viewer wondering if this is entirely intentional or not. Maybe it's a good thing that I never know what the film wants me to feel about anything – there is a callousness of the characters which remains in complete juxtaposition with the sentimental and therefore intrusive music. Finally, the ending of the film is entirely unsatisfactory. Despite all these things, in my current state of metamorphosis and becoming, I enjoyed the movie because it allowed me to reflect on my own dreams of mothering and my own experiences as somebody's child. Terms of Endearment was made in 1983. Unfortunately, I'm afraid there is nothing out there being made now that could speak even this honestly of such flawed parenting. Nowadays Hollywood seems to concentrate on sneakily making films about how to be a better consumer-mother-workaholic-genius-breeder. No pressure – just entertainment.
Monday, October 17, 2011
Two pink things
First, please admire the perfection of the pink cashmere, neatly wound into a ball (or is there another name for one of these?) using my new wool winder. Though my husband says I should be sure to mention what a headache it was to make the #*%# thing, I think it's brilliant.
The wool should unwind neatly from the centre.
No doubt this is all old news to you knitters out there, but it's new technology chez The Sewing Lawyer.
In other breaking news, I successfully changed my second bra (the front closing one) into a standard back-hooking bra with a closed bridge in front. It actually wasn't that hard and it fits so much better. Before, the wires were not only too far apart, the bridge was too low which meant the wires were not at the right angle. Now, as you can see, they come up higher at CF where they are more vertical.
I sewed on 3 of the little pink/écru bows that I bought at the Fabric Flea Market yesterday. I think they look kind of cute!
No doubt this is all old news to you knitters out there, but it's new technology chez The Sewing Lawyer.
In other breaking news, I successfully changed my second bra (the front closing one) into a standard back-hooking bra with a closed bridge in front. It actually wasn't that hard and it fits so much better. Before, the wires were not only too far apart, the bridge was too low which meant the wires were not at the right angle. Now, as you can see, they come up higher at CF where they are more vertical.
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| After |
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| Before |
Recovery of Looted Egyptian Tomb Reliefs Leaves Unanswered Questions
Hetepka served as a royal hairdresser during the pyramid age, and modern-day looters dismembered and destroyed his tomb located at Saqqara. Police eventually found some of the tomb artifacts in Tokeley-Perry’s possession in England, but did not recover all the items that were looted. Ahram Online’s report suggests that the newly recovered reliefs are part of the original cultural objects that went missing from the tomb.
News of the recovery raises many questions:
• On what date and under what circumstances were the reliefs found?
• What information, and from what source(s), led the Egyptian Tourism and Antiquities Police to the reliefs?
• Where exactly were the reliefs found and under what circumstances?
• Whose possession were they in?
• What other items, if any, were also found?
• How are these reliefs related to items that may have been stolen from the tomb recently. Recall that former point-man for Egyptian antiquities, Dr. Zahi Hawass, referenced the Hetepka tomb when discussing his resignation on his blog at http://www.drhawass.com/blog/why-dr-hawass-resigned, saying: “The group now in charge of the protection of these sites is the Tourist Police, but there are no Tourist Police to do this either. Therefore, what happens? Egyptian criminals, thieves (you know, in every revolution bad people always appear…), have begun to destroy tombs. They damaged the tomb of Hetep-ka at Saqqara . . . . They attacked a storage magazine at Saqqara and we do not yet know how many artifacts are missing . . . . People have begun to build houses and to excavate at night, everywhere, putting heritage sites all over the country at risk.”
• Ahram Online reports that the recovered Hetepka reliefs were stolen in 1986. How is this known by the news outlet, especially since prior investigative information revealed that Hetepka’s tomb had been plundered in 1991?
Ahram Online’s report is conspicuously vague. You can read the article at http://english.ahram.org.eg/~/NewsContent/9/40/24162/Heritage/Ancient-Egypt/Two-reliefs-stolen-from-Hetepka-tomb-found.aspx.
Contact information may be found at www.culturalheritagelawyer.com. DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.
Sunday, October 16, 2011
Stash augmentation
So I have long been involved in organizing the Fabric Flea Market. Annually since 1995. In addition to being a great fund-raiser, it's a stash transfer tool. We give the stash-busting vendors, most of whom have reached SABLE*, a way to recoup some of their investment from stash-building purchasers.
Maybe some of the purchasers don't realize that they, too, have reached SABLE.
Like me. I'm still in denial.
Without further ado: my haul from yesterday.
Starting small: stretch lace, elastic of various kinds, including plush picot elastic & strap elastic for more bra-sewing. Also, tiny bows and flowers for lingerie-decorating.
That's a roll of dark navy grosgrain ribbon at the bottom. It's rayon and wonderfully moldable with steam and heat, for facing waistbands and other behind-the scenes uses.
A really interesting wool (maybe a blend) woven with texture and stretch; crinkle rayon print; silk burnout (with white paper behind to show the pattern).
Nylon/lycra for workout clothes; 100% poly swimsuit fabric; silk crepe with zig-zag design; amazing coppery raincoat fabric; silk chiffon sari, with ombre border print.
Two stretch mesh prints; teal/brown viyella; wool/silk dress fabric (shirtdress?); more raincoating (the true colour is more turquoise).
Wool winder to turn 100% cashmere repurposed yarn and hand-spun, hand-dyed black mohair with wool/acrylic blend yarn into neat, usable balls.
There seem to be some colour themes developing. I knew about the brown and teal, and of course the orange, but the pink is a surprise to me.
What did you do yesterday?
*SABLE = Stash Accumulation Beyond Life Expectancy
Maybe some of the purchasers don't realize that they, too, have reached SABLE.
Like me. I'm still in denial.
Without further ado: my haul from yesterday.
That's a roll of dark navy grosgrain ribbon at the bottom. It's rayon and wonderfully moldable with steam and heat, for facing waistbands and other behind-the scenes uses.
A really interesting wool (maybe a blend) woven with texture and stretch; crinkle rayon print; silk burnout (with white paper behind to show the pattern).
Nylon/lycra for workout clothes; 100% poly swimsuit fabric; silk crepe with zig-zag design; amazing coppery raincoat fabric; silk chiffon sari, with ombre border print.
Two stretch mesh prints; teal/brown viyella; wool/silk dress fabric (shirtdress?); more raincoating (the true colour is more turquoise).
Wool winder to turn 100% cashmere repurposed yarn and hand-spun, hand-dyed black mohair with wool/acrylic blend yarn into neat, usable balls.
There seem to be some colour themes developing. I knew about the brown and teal, and of course the orange, but the pink is a surprise to me.
What did you do yesterday?
*SABLE = Stash Accumulation Beyond Life Expectancy
The Fabric Flea Market, 2011 Edition
I'm a complete sloth today after two days of intense fabric-related work. Enjoy!
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| Imagine the buzz |
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| Silk ... hmmm |
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| Woolly |
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| Stretchy! |
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| Like candy. |
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| Antiques |
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| Vintage home dec. |
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| This reminds me of Roch Carrier |
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| Vintage buttons |
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| Great patterns! |
The ties that bind us
Published on Halsbury's Law Exchange here
Prime Minister David Cameron made quite a few headlines with a passage in his recent speech to the Conservative Party Conference. Having stated that he was “consulting on gay marriage”, he went on to say:
"Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a Conservative. I support gay marriage because I’m a Conservative.”
Adam Wagner has a helpful post on the UK Human Rights Blog here. It is also a subject I have written on previously for HLE.
Mr Wagner’s post sets out the background. It seems to me that we have reached the point where Mr Cameron poses the question by having proceeded through three primary issues. The first issue was that the legal rights that marriage has long conferred, in the form of property, inheritance and so forth, were seen to discriminate against those who could not legally marry. The concept of civil partnerships was therefore created in order to provide same-sex couples with the same legal rights.
The second issue concerned the right of registrars to refuse to conduct civil partnerships on religious grounds. They were not permitted to refuse, though there may be more litigation to come on that point.
The third issue was whether religious premises should be permitted to host civil ceremonies. The law giving effect to this (s 202 of the Equality Act 2010) has not yet come into force.
We have therefore now reached, or are about to reach, the stage where civil partnerships have the same legal status of marriage; that no registrar can refuse to conduct them on religious grounds; and that religious groups may choose to host civil partnership ceremonies (but may not be forced to do so).
Two side issues arise. One is why civil partnerships have to be restricted to same-sex relationships akin to marriage: some siblings may choose to live together in a chase relationship all their lives, but they will not be permitted to enter into either a civil partnership or a marriage. The second concerns whether religious groups will always be able to refuse to conduct civil ceremonies on their premises. As enacted s 202 of the 2010 Act specifically provides that
“For the avoidance of doubt, nothing in this Act places an obligation on religious organisations to host civil partnerships if they do not wish to do so.”
but obviously enough there will remain the possibility of change in the future as some religious groups fear.
Leaving those issues aside, however, brings us to Mr Cameron’s urging of the final step, with the end of the ban on same-sex marriages.
The fact that civil partnerships have the same legal status in domestic law is not a complete answer. The word “marriage” carries a deeply and sincerely held meaning for many, and has an ancient pedigree. We should not lightly dismiss those who object to changing it.
On the other hand, the very fact that the word carries powerful connotations gives weight to the argument that it should not be denied to those who want it. Pink News makes both of those points:
Religious gay people want religious ceremonies – something the law does not currently allow. Others, who may be religious or secular, crave the gravity and recognition the word marriage offers.
There may be no difference in the rights and benefits received by those in civil partnerships, but to be married is to make a statement – to your partner, to your loved ones, to the world.
Additionally, some straight couples ... want their relationships recognised in law without what they see as the patriarchal, traditional overtones of marriage. There is discrimination here too, as legally, they cannot have a civil partnership.
Mr Wagner in the article linked aove quotes one of the opposing viewpoints:
The Scottish Catholic Church has said it will fight the proposal in Scotland, arguing that the government did not have a mandate to “reconstruct society on ideological grounds”.
Aside from the emotional, religious and sentimental implications of the word “marriage” (which as mentioned should not be underestimated), there is the question of overseas recognition of marriages. The British concept of civil partnerships will not necessarily be recognised by foreign states should a couple emigrate. Then again, simply giving homosexual couples the right to use the word “marriage” will not necessarily mean that their marriage would be recognised abroad, at least not universally.
Personally I would not object to the term being extended to allow same-sex marriages. In the past there have been taboos – primarily social but in certain countries at certain times also legal – on mixed race or mixed religious marriages. We in Britain in the present day rightly disdain such discrimination. Further liberalizing the term to allow same-sex marriages is not, in the present context, illogical or unfair: if anything it would be the opposite.
One objection always raised is that of the “slippery slope”; if we allow x then y and z will follow. That is never a sufficient argument of itself, however. Unless we ban everything or nothing we are always on a slippery slope of sorts. No doubt some will argue that allowing gay marriage axiomatically should allow any other form of relationship – siblings, polygamy, bestiality – to marry as well; but that no more follows than to say that if homosexual marriages are prohibited so should secular marriages.
But it is fair to say that the issue is far from straightforward. In turn that means that Mr Wagner is correct that this is a matter for Parliament, not the courts (whether in this country or in Strasbourg).
I would finally reiterate the suggestion I made in the article linked above, namely:
“… a more radical development might be considered, along the lines of France (if anything a more religious country than the UK), to separate church and state completely with regard to marriage. The legal contract of marriage should be signed in a registry office only. Thereafter, at any time(s) and place(s) of their choosing, couples could perform any ceremony they wish at any religious or non religious venue. No legal requirements or restrictions would be involved. Then since the ceremony would be akin to a private party or religious observance: no-one would suggest the state has any right to superintend the guest list for, or any other aspect of, such occasions. Moreover, the service being offered by a religious institution would not be that of any celebration of any union; it would offer to give its own blessing in accordance with its own tenets. No-one should be entitled to compel a religion to alter its tenets."
Such a solution would mean that religious groups would not consider marriage to be valid, other than as a legal nicety, unless their own blessing had been bestowed in accordance with their own tenets. Non-religious people would be happy as they would have the legal right to the word “marriage” without any religious connotation.
It is never possible to please everyone, but it seems to me that the solution proffered would come the closest to doing so.
Prime Minister David Cameron made quite a few headlines with a passage in his recent speech to the Conservative Party Conference. Having stated that he was “consulting on gay marriage”, he went on to say:
"Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a Conservative. I support gay marriage because I’m a Conservative.”
Adam Wagner has a helpful post on the UK Human Rights Blog here. It is also a subject I have written on previously for HLE.
Mr Wagner’s post sets out the background. It seems to me that we have reached the point where Mr Cameron poses the question by having proceeded through three primary issues. The first issue was that the legal rights that marriage has long conferred, in the form of property, inheritance and so forth, were seen to discriminate against those who could not legally marry. The concept of civil partnerships was therefore created in order to provide same-sex couples with the same legal rights.
The second issue concerned the right of registrars to refuse to conduct civil partnerships on religious grounds. They were not permitted to refuse, though there may be more litigation to come on that point.
The third issue was whether religious premises should be permitted to host civil ceremonies. The law giving effect to this (s 202 of the Equality Act 2010) has not yet come into force.
We have therefore now reached, or are about to reach, the stage where civil partnerships have the same legal status of marriage; that no registrar can refuse to conduct them on religious grounds; and that religious groups may choose to host civil partnership ceremonies (but may not be forced to do so).
Two side issues arise. One is why civil partnerships have to be restricted to same-sex relationships akin to marriage: some siblings may choose to live together in a chase relationship all their lives, but they will not be permitted to enter into either a civil partnership or a marriage. The second concerns whether religious groups will always be able to refuse to conduct civil ceremonies on their premises. As enacted s 202 of the 2010 Act specifically provides that
“For the avoidance of doubt, nothing in this Act places an obligation on religious organisations to host civil partnerships if they do not wish to do so.”
but obviously enough there will remain the possibility of change in the future as some religious groups fear.
Leaving those issues aside, however, brings us to Mr Cameron’s urging of the final step, with the end of the ban on same-sex marriages.
The fact that civil partnerships have the same legal status in domestic law is not a complete answer. The word “marriage” carries a deeply and sincerely held meaning for many, and has an ancient pedigree. We should not lightly dismiss those who object to changing it.
On the other hand, the very fact that the word carries powerful connotations gives weight to the argument that it should not be denied to those who want it. Pink News makes both of those points:
Religious gay people want religious ceremonies – something the law does not currently allow. Others, who may be religious or secular, crave the gravity and recognition the word marriage offers.
There may be no difference in the rights and benefits received by those in civil partnerships, but to be married is to make a statement – to your partner, to your loved ones, to the world.
Additionally, some straight couples ... want their relationships recognised in law without what they see as the patriarchal, traditional overtones of marriage. There is discrimination here too, as legally, they cannot have a civil partnership.
Mr Wagner in the article linked aove quotes one of the opposing viewpoints:
The Scottish Catholic Church has said it will fight the proposal in Scotland, arguing that the government did not have a mandate to “reconstruct society on ideological grounds”.
Aside from the emotional, religious and sentimental implications of the word “marriage” (which as mentioned should not be underestimated), there is the question of overseas recognition of marriages. The British concept of civil partnerships will not necessarily be recognised by foreign states should a couple emigrate. Then again, simply giving homosexual couples the right to use the word “marriage” will not necessarily mean that their marriage would be recognised abroad, at least not universally.
Personally I would not object to the term being extended to allow same-sex marriages. In the past there have been taboos – primarily social but in certain countries at certain times also legal – on mixed race or mixed religious marriages. We in Britain in the present day rightly disdain such discrimination. Further liberalizing the term to allow same-sex marriages is not, in the present context, illogical or unfair: if anything it would be the opposite.
One objection always raised is that of the “slippery slope”; if we allow x then y and z will follow. That is never a sufficient argument of itself, however. Unless we ban everything or nothing we are always on a slippery slope of sorts. No doubt some will argue that allowing gay marriage axiomatically should allow any other form of relationship – siblings, polygamy, bestiality – to marry as well; but that no more follows than to say that if homosexual marriages are prohibited so should secular marriages.
But it is fair to say that the issue is far from straightforward. In turn that means that Mr Wagner is correct that this is a matter for Parliament, not the courts (whether in this country or in Strasbourg).
I would finally reiterate the suggestion I made in the article linked above, namely:
“… a more radical development might be considered, along the lines of France (if anything a more religious country than the UK), to separate church and state completely with regard to marriage. The legal contract of marriage should be signed in a registry office only. Thereafter, at any time(s) and place(s) of their choosing, couples could perform any ceremony they wish at any religious or non religious venue. No legal requirements or restrictions would be involved. Then since the ceremony would be akin to a private party or religious observance: no-one would suggest the state has any right to superintend the guest list for, or any other aspect of, such occasions. Moreover, the service being offered by a religious institution would not be that of any celebration of any union; it would offer to give its own blessing in accordance with its own tenets. No-one should be entitled to compel a religion to alter its tenets."
Such a solution would mean that religious groups would not consider marriage to be valid, other than as a legal nicety, unless their own blessing had been bestowed in accordance with their own tenets. Non-religious people would be happy as they would have the legal right to the word “marriage” without any religious connotation.
It is never possible to please everyone, but it seems to me that the solution proffered would come the closest to doing so.
Saturday, October 15, 2011
Planet Of The Apes (1968) Directed By Franklin J. Schaffner
Astrid:
During the titles Nick had already made a few comments: "Great titles!" he said, and then "we never watch enough 60s films". I said nothing. I was making an effort to be nice and agreed therefore to watch Planet of the Apes although I knew I was in for something equally as annoying as it would be entertaining. I could have remarked that the reason we cannot watch too many movies from the 1960s is because the period in cinema is unreliable (you get a lot of daring invention but you get unimaginative conformist and naive stories too)...While I can embrace some of the stylish, groovy and funny 60s, I hate James Bond and to me it signifies the period. Anyway, I continued to say nothing when Nick predicted that I would like Planet of the Apes.
He was talking in a hopeful voice with a tiny amount of force in it (just in case that would do the trick of persuading me to fall in love with Chalton Heston). The film began and Nick declared with child-like excitement: "the spacecraft is sinking!" and "wow, that must be the Grand Canyon". Indeed, I thought, but how stupid is this film when it expects us to believe that these 700-year-old astronauts would not recognize the Grand Canyon when they land in the middle of one of the biggest landmarks in the US, their original home? That question proved to be frustratingly poignant throughout the film. It felt as if the makers were undermining both the audience in front of the silver screen and the characters in the film. In 2011 it felt a little too simple to just reverse the roles between humans and apes (or other mammals) and then stop imagining anything further. It would a be a great script if it had been written by a 10-year-old, but it wasn't.
Nick remained enthusiastic until the end. I could see he was watching the film with the childhood self who first saw the film decades ago. He did not suffer and intellectualize, he did not laugh at but with the film. He got the almost environmentalist message at the end of the movie and it still could make an impact after all these years. I watched Chalton Heston ride away in his Tarzanesque outfit with his own non-verbal sexy Jane in tow. Yes, I got it – Adam and Eve all over again. Past and present meeting in a circle where it no longer matters what is the future because it's all the same evolutionary repetition in the end. And then there was the final scene of the film with the Statue of Liberty. Nick loved it because it was "iconic" – sometimes I wish I were a little boy, sometimes I wish I was in the target audience for something other than Sex and the City I and II.
Nick:
A strange symmetry, web of conceit or pure coincidence seems to tie together the movies we have reviewed this month. Edward Scissorhands features Johnny Depp playing a character who is in part based on The Cure's Robert Smith. This year at Cannes premiered a new movie called This Must Be The Place starring Sean Penn, where his character is a Robert Smith-like retired rock star looking for his father's killer (!!!!). James Franco co-starred with Penn in Milk, and this year Franco starred in a kind of sequel to Planet Of the Apes called Rise Of the Planet Of The Apes. Confused? Well, lets just add that Scissorhands helmer Tim Burton directed a famously pointless remake of Planet Of The Apes in 2001. This really doesn't represent anything other than the small circles and lack of original material knocking around Hollywood. Planet Of the Apes, the original from 1968 is still the definitive chapter of the series that warrants revisiting (at least in my opinion).
Planet Of The Apes not only spawned sequels and remakes but also a TV series in the 1970's which I was a big fan of when I was a kid. I had the badges and knew friends who were members of the series fanclub. I always loved the reverse concept of Planet of The Apes, that the human species have created their own destruction, only for the Apes to rise and become the dominant species on a future earth. Man cannot talk and is in fact closer to our present understanding of the primate. Planet Of The Apes deals with this concept, yet also manages to mix in an oppressor influenced by Nazism, a commentary on the outsider in society, the issue of race and man's headlong race to destroy the planet (environmentalism). This is perhaps why Planet Of the Apes has endured so long, under disguise it tackles so much that is still relevant to our current state.
Schaffner manages to create an amazing looking backdrop for the 'new planet' with the early scenes shot in Glen Canyon, Utah, these being the most impressive of the picture. Charlton Heston as our cynical hero spends most of the picture in states of undress (he was 45!), yet offers us a stern authority as future spaceman Taylor. Stand out performances come from Kim Hunter and Roddy Mcdowall as the intellectual scientists who fight for Taylor's cause of actually being an intelligent human being. Special mention must go to the ape make-up, which still looks convincing after all these years. So, what Planet Of the Apes actually states are quasi-liberal ideologies, a warning to man of what might happen. The final scene of Taylor's ultimate discovery has become one of the most iconic images in modern cinema history. It's enough alone to preserve Planet Of the Apes standing as a classic.
Panama trade agreement finally approved
South Korea, Colombia, Panama Trade Accords Clear U.S. Congress
Analysts split over whether trade pacts boost US economy
US farmers celebrate free trade agreements, say increased demand will create jobs
Ford, others tout passage of South Korea, Colombia, Panama trade deals
Trade deals: three big winners from America's new free-trade agreements
U.S. Senate Roll Call on Passage of H.R. 3079 A bill to implement the United States-Panama Trade Promotion Agreement. October 12, 2011, 07:46 PM
http://www.uspanamatrade.org/ http://www.aaccla.org http://www.panamcham.com
CBS Evening News - Congress passes free trade agreements http://www.youtube.com/watch?v=H1v2sPN2BGU
Statement From President Ricardo Martinelli About Congressional Passage of Panama-U.S. Free Trade Agreement
Analysts split over whether trade pacts boost US economy
US farmers celebrate free trade agreements, say increased demand will create jobs
Ford, others tout passage of South Korea, Colombia, Panama trade deals
Trade deals: three big winners from America's new free-trade agreements
U.S. Senate Roll Call on Passage of H.R. 3079 A bill to implement the United States-Panama Trade Promotion Agreement. October 12, 2011, 07:46 PM
http://www.uspanamatrade.org/ http://www.aaccla.org http://www.panamcham.com
CBS Evening News - Congress passes free trade agreements http://www.youtube.com/watch?v=H1v2sPN2BGU
Statement From President Ricardo Martinelli About Congressional Passage of Panama-U.S. Free Trade Agreement
PanamaInvest conferences feature investment opportunities
Panama Invest is a cycle of conferences delivered by the government of the Republic of Panama to potential investors located in key global markets with the aim of disseminating information about business opportunities and attracting foreign investment to Panama. This year Panama Invest will start in Sao Paulo to be followed by Toronto, (Madrid, Tokyo, Munich, Rotterdam and will end with the second edition in the British capital of London.
Thus, under this favorable environment, Panama Invest seeks to showcase a variety of business opportunities for companies interested in setting up their operations in Panama, where the national government has identified important sectors for investment such as maritime services, logistics and transport, mining, tourism, financial services, among others. Moreover, Panama Invest will introduce the strategic function of Panama to serve as platform for the operations of enterprises in the larger Latin American region.
http://proinvex.mici.gob.pa/
http://www.panamainvest2011.com/
http://www.panamainvest.org
http://www.mici.gob.pa
http://www.impulsopanama.gob.pa/
http://www.camarabrasilpanama.com.br
http://es-es.facebook.com/pages/Agencia-de-Inversiones-de-Panam%C3%A1-PROINVEX/165595976815571
http://www.facebook.com/profile.php?id=100001526002538&ref=ts
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