The full text of this Note may be found here.
31 Fordham Intell. Prop. Media & Ent. L.J. 272 (2020).
Note by Sara K. Mazurek*
he United States has been a major source of scientifically significant paleontological discoveries over the course of its history. In addition to invaluable primary source material for the study of evolution and climate change, American paleontology has additionally been invoked as symbols of American power since the founding of the country. Even though fossils are prominent national heritage, the United States today only uniformly regulates their excavation and use on federal public lands through the Paleontological Resources Preservation Act. When fossils are discovered on private land, landowners and those with whom they contract often sell them to private collectors, which can lead to research quality specimens becoming inaccessible to museums and universities seek-ing to research or publicly display them. This Note will use the discovery and litigation over the Dueling Dinosaurs, fossils of two dinosaurs preserved in combat, as a case study to demonstrate the current futility of legal action in providing for scientific access. This Note will argue that the federal government should pass a Model Act that provides universities and museums the opportunity to appeal for a delay in the sale for scientifically significant specimens that would allow an institution to have temporary custody over the material. Such a proposal should not be subject to just compensation under eminent domain law because of the financial benefit landowners should receive from affiliation with and analysis from such an institution.
* Senior Writing and Research Editor, Fordham Intellectual Property, Media & Entertainment Law Journal, Volume XXXI; J.D. Candidate, Fordham University School of Law, 2021; B.A., Columbia University, 2016. I want to thank Professor James Kainen for all his assistance and encouragement in writing this Note. Thank you also to the IPLJ board, Elliot Fink in particular, for their time, patience, and insight throughout this process. Finally, thank you to my parents, Sharon and Jason, for their unending love and support, and my husband Jason for always feeding me and making me laugh when I lost track of time writing this Note.