Historic Preservation Law

The Freedmen’s Memorial to Lincoln: A Postscript to Stone Monuments and Flexible Laws

Peter Byrne

Abstract In a recent essay in the Florida Law Review Forum, commenting on a recent article by Jess Phelps and Jessica Owley, I argued that historic preservation law poses no significant barrier to removal of Confederate monuments and even provides a useful process within which a community can study and debate the fate of specific […]

Stone Monuments and Flexible Laws: Removing Confederate Monuments Through Historic Preservation Laws

Peter Byrne

Abstract Response to Jess R. Phelps & Jessica Owley, Etched in Stone: Historic Preservation Law and Confederate Monuments Jess Phelps and Jessica Owley present an informative and useful account of how historic preservation laws might complicate or prevent efforts to remove Confederate monuments. Many lawyers and activists will be grateful for this guidance. However, Phelps […]

Diagnosing the Ills of American Monument-Protection Laws: A Response to Phelps and Owley’s Etched in Stone

Zachary Bray

Abstract Response to Jess Phelps and Jessica Owley, Etched in Stone: Historic Preservation Law and Confederate Monuments. As in their other work, Jess Phelps and Professor Jessica Owley provide this sort of vision in Etched in Stone: Historic Preservation Law and Confederate Monuments (“Etched in Stone”), their recently-published Article in the Florida Law Review. In […]

Etched in Stone: Historic Preservation Law and Confederate Monuments

Jess R. Phelps and Jessica Owley

Abstract This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these […]

Dismantling Monuments

Written by: Richard H. Seamon

Abstract The Antiquities Act of 1906 authorizes the President to “declare” certain objects “to be national monuments,” and to “reserve parcels of land” to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President […]