東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

The replevin process in government a...

Mattern, Eleanor.

FindBook

Google Book

Amazon

博客來

The replevin process in government archives: Recovery and the contentious question of ownership.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The replevin process in government archives: Recovery and the contentious question of ownership./
作者:	Mattern, Eleanor.
面頁冊數:	265 p.
附註:	Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.
Contained By:	Dissertation Abstracts International76-05A(E).
標題:	Library science. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3648066
ISBN:	9781321429497

The replevin process in government archives: Recovery and the contentious question of ownership.
Mattern, Eleanor.

The replevin process in government archives: Recovery and the contentious question of ownership. - 265 p.

Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.

Thesis (Ph.D.)--University of Pittsburgh, 2014.

This item must not be sold to any third party vendors.

To an attorney practicing law in the common law system, the term "replevin" describes a legal remedy for recovering personal property held by another party. In this civil procedure, the determination of rightful ownership falls to the court. Archivists and manuscript collectors have appropriated this same term to describe any effort by a government archives to recover public records in private hands, whether these efforts involve the courts or are carried out informally through discussions and negotiations with private parties. The number of "true" replevin cases involving disputed public records is small and existing commentary in the archival literature focus on these judicial decisions. This dissertation examines the quieter cases, developing a sharper understanding of what replevin means to individuals who are charged with preserving records and to those who are personally driven to collect. Three state archives serve as case studies and semi-structured interviews with institutional employees, archival records, active records, statute and case law as data sources.

ISBN: 9781321429497Subjects--Topical Terms:

539284
Library science.

The replevin process in government archives: Recovery and the contentious question of ownership.
LDR:03317nmm a2200325 4500 001 2062985
005 20151024095834.5
008 170521s2014 ||||||||||||||||| ||eng d
020 $a 9781321429497
035 $a (MiAaPQ)AAI3648066
035 $a AAI3648066
040 $a MiAaPQ $c MiAaPQ
100 1 $a Mattern, Eleanor. $3 3177441
245 1 4 $a The replevin process in government archives: Recovery and the contentious question of ownership.
300 $a 265 p.
500 $a Source: Dissertation Abstracts International, Volume: 76-05(E), Section: A.
500 $a Adviser: Richard J. Cox.
502 $a Thesis (Ph.D.)--University of Pittsburgh, 2014.
506 $a This item must not be sold to any third party vendors.
520 $a To an attorney practicing law in the common law system, the term "replevin" describes a legal remedy for recovering personal property held by another party. In this civil procedure, the determination of rightful ownership falls to the court. Archivists and manuscript collectors have appropriated this same term to describe any effort by a government archives to recover public records in private hands, whether these efforts involve the courts or are carried out informally through discussions and negotiations with private parties. The number of "true" replevin cases involving disputed public records is small and existing commentary in the archival literature focus on these judicial decisions. This dissertation examines the quieter cases, developing a sharper understanding of what replevin means to individuals who are charged with preserving records and to those who are personally driven to collect. Three state archives serve as case studies and semi-structured interviews with institutional employees, archival records, active records, statute and case law as data sources.
520 $a A consistent message emerging from discussions with government officials is that each replevin case is singular in the manner in which it is resolved. Still, there is an apparent pattern to the replevin of public records, conceptualized in this dissertation as a six-stage process. Each case begins with the discovery of the alienated record and results in a custody determination favoring either the government or the private party. This dissertation determines that variances in statute, case law, and the involvement of legal counsel strongly influence a government's decision to pursue, the shape of negotiations, and the state's ultimate ability to recover the targeted record.
520 $a The issue of replevin is one that has provoked friction between the community of government archivists and some members of the collecting community, a friction largely stemming from an ambiguous understanding of the nature of a "public record" and disagreement as to whether an archives should lay claim to records that never have been in its possession. This study probes the motivations of public officials pursuing public records and argues that it is in the public interest for public archives to have an active replevin agenda.
590 $a School code: 0178.
650 4 $a Library science. $3 539284
650 4 $a Law. $3 600858
650 4 $a Public policy. $3 532803
690 $a 0399
690 $a 0398
690 $a 0630
710 2 $a University of Pittsburgh. $3 958527
773 0 $t Dissertation Abstracts International $g 76-05A(E).
790 $a 0178
791 $a Ph.D.
792 $a 2014
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3648066