The Urice and Adler article detailing the US State Department's and U.S. Customs' lawless approach to cultural property law has appeared on the Rutgers Law Review website here: http://www.rutgerslawreview.com/current-issue/ and http://www.rutgerslawreview.com/wp-content/uploads/archive/vol64/Adler_&_Urice_Macro%20Version.pdf
The article touches on the ACCG test case, currently before the US Court of Appeals for the Fourth Circuit. In it, the authors state,
Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch’s (the “Executive”) current cultural property policies and the existing legal framework established by Congress and the Judiciary.
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