Consultation

ARI can assist law firms by providing consultation on potential litigation involving unauthorized damage to archaeological resources. Expert consultation of this nature is valuable to the law firm and its client in both the pre-litigation stage of the case and after litigation has commenced. If necessary, these general consultation services can be supplemented by ARI’s investigation, damage assessment and expert witness services. These services can assist law firms in preparing for criminal or civil cases resulting from unauthorized damage to archaeological resources.

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Investigation

ARI can assist law firms by providing investigation services for criminal and civil cases involving unauthorized damage to archaeological resources. These expert investigation services include systematically examining the location where the damage occurred, fully documenting the damage, attempting to determine how and why it occurred and preparing a report on the findings of the investigation. For civil cases, the investigative report also will include recommendations on how such damage can be avoided in the future. ARI also can review and provide expert analysis of investigative reports prepared by other investigators to assess their accuracy, completeness and objectivity. These services can assist law firms in preparing for criminal or civil litigation resulting from unauthorized damage to archaeological resources. If necessary, the investigation services can be supplemented by ARI’s damage assessment and expert witness services. ARI also can provide investigation services for damage to paleontological resources and various other types of natural resources.

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Damage Assessment

ARI can assist law firms by providing damage assessment services for criminal and civil cases involving unauthorized damage to archaeological resources. These expert damage assessment services include documenting the damage through field damage assessment procedures, determining the effect of the damage in terms of accepted monetary values for archaeological damage and preparing an archaeological damage assessment report. ARI also can review and provide expert analysis of damage assessment reports prepared by other archaeologists to assess their content in relation to the most current standards for archaeological damage assessment. These services can assist law firms in preparing for criminal or civil litigation resulting from unauthorized damage to archaeological resources. If necessary, the damage assessment services can be supplemented by ARI’s investigation and expert witness services.

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Expert Witness Services

ARI can assist law firms by providing expert witness services for potential litigation involving unauthorized damage to archaeological resources. Expert witness testimony can be provided for investigation and damage assessment operations carried out by ARI for this damage. ARI also can review and evaluate investigation and damage assessment operations carried out by other investigators or archaeologists for damage to archaeological resources. These services can assist law firms in preparing for criminal or civil cases resulting from unauthorized damage to archaeological resources.

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Training

ARI can develop and present training on archaeological resource litigation for law firms. Potential topics of the training include:

• The nature of archaeological resources and their importance to Native Americans, other ethnic groups and the general public
• Laws that protect archaeological resources and potential consequences (criminal sanctions and/or civil penalties) of failing to avoid unauthorized damage to archaeological resources
• Archaeological Damage Investigation
• Archaeological Damage Assessment
• The role of the archaeologist in litigation
• Legal issues in archaeological resource damage litigation

Training on these topics can assist law firms in preparing for criminal or civil litigation resulting from unauthorized damage to archaeological resources.

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