Nothing Lasts Forever: Toward a Coherent Theory in American Preservation Law

Authors

Kathryn R.L. Rand, University of Michigan Law SchoolFollow

Abstract

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.

Recommended Citation

Kathryn R. Rand, Nothing Lasts Forever: Toward a Coherent Theory in American Preservation Law, 27 U. Mich. J. L. Reform 277 (1993).
Available at: https://repository.law.umich.edu/mjlr/vol27/iss1/5