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This is part of the Iowa Innovation, Business, and Law Center's Fall 2022 Speaker Series, From Antiquities to Warhol: Exploring the Intersection of Art and Law.

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage can be used as a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “pre-Columbian.” The term “pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean Islands. In fact, this definition is the basis of the 1972 Pre-Columbian Act in the United States, which addresses trafficking of Latin American sculptures, murals, and architectural elements. This Article examines the use of the term “pre-Columbian” in American cultural heritage law through the lens of linguistic settler colonialism. Linguistic settler colonialism results in the oppression and continued trauma of cultures through the use of harmful language. This Article argues that any reference to “Columbus” in the laws impacting Latin American cultural heritage contributes to the erasure of indigenous people. Its use advances the fallacy that these peoples were “primitive,” “tribal” or even “uncivilized.” It also perpetuates the belief that these groups only exist through their connection to Europe. Through a comprehensive examination of the term “pre-Columbian” and its detrimental impacts on indigenous cultures, this Article begins the process of “decolonization” of cultural heritage laws.

Professor Behzadi is an Associate professor of Law at California Western School of Law. She teaches Property, Art & Cultural Heritage Law, Copyright, and Latinos & the Law. Professor Emily Behzadi’s research and teaching interests are in the fields of art and cultural heritage law.  With a background in art history, Professor Behzadi’s research focuses on the interdisciplinary connection between the law and the arts within a national and international framework. She particularly concentrates on issues and disputes arising in Latin America, as they relate to U.S. law and policy. Her scholarship centers on the intersection of cultural heritage law, human rights, and social justice. Most notably, her published works explore the use of cultural heritage as not only a medium of expression, but a medium of marginalization.  Throughout her scholarship, Professor Behzadi has examined how acts of plunder, destruction, and even sometimes the erection of objects of cultural heritage serves as a tool of oppression and even persecution. Professor Behzadi has published in journals at Stanford, University of Pennsylvania, Georgetown, and Rutgers, among others. Professor Behzadi is the Chair of the Cultural Heritage Section of the American Society of International Law, the Vice Chair of the International Division of the ABA’s Forum on the Entertainment and Sports Industries, and Chair Elect of the AALS Art Law Section. Professor Behzadi has served on numerous panels for such organizations as the American Bar Association and Association of American Law Schools. Professor Behzadi was recognized as one of the ABA's "40 Top Young Lawyers" and one of the Orlando Business Journal’s 40 under 40. Most recently, Professor Behzadi was awarded "Professor of Year" at California Western School of Law.

If you plan to attend in person, please sign up for lunch here by Sept. 13: https://uiowa.qualtrics.com/jfe/form/SV_cBHqrjAPbLZSyOi

If you will attend virtually, please register here for Zoom: https://uiowa.zoom.us/webinar/register/WN_EN7EsJvsRs6VaoKFfhBWSw

Individuals with disabilities are encouraged to attend all University of Iowa-sponsored events. If you are a person with a disability who requires a reasonable accommodation in order to participate in this program, please contact Leslie Gannon in advance at leslie-gannon@uiowa.edu or (319) 335-6817.