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21 Nw. J. L. & Soc. Pol'y 1 (2025-2026)

handle is hein.journals/nwjlsopo21 and id is 1 raw text is: Copyright 2025 by Yuha Jung & Lauren Smith Madden Volume 21(Fall 2025) Northwestern Journal of Law and Social Policy Who Gets Remembered? Structural Barriers in the National Register of Historic Places* Yuha Jung,t Lauren Smith Madden* ABSTRACT This article examines the systemic barriers within the National Register of Historic Places, established under the National Historic Preservation Act of 1966, that have contributed to the underrepresentation of marginalized communities in historic preservation. Despite the United States' diverse cultural heritage, only an estimated 3% to 10% of sites listed on the National Register reflect histories associated with racial and ethnic minority groups. Through a qualitative analysis of legislative history, federal regulations, nomination processes, and governance structures, this study identifies how key criteria such as significance and integrity have reinforced exclusionary practices. These criteria consistently prioritize architectural and tangible heritage over lived experiences, cultural landscapes, and communal histories. Additionally, this research explores the role of State Historic Preservation Offices, federal decision-making bodies, andprofessional norms in shapingpreservation outcomes, revealing systemic biases in leadership, funding distribution, and procedural accessibility. One critical limitation is the lack of comprehensive data collection and transparency, which hinders efforts to measure disparities and implement reforms. This article argues that addressing these structural inequities requires broadening definitions of significance, reconsidering integrity standards to reflect the realities of displacement and adaptation, increasing diversity in preservation leadership, and expanding financial and technical support for underrepresented communities. By critically examining legal frameworks and institutional practices, this study underscores the needfor transformative reforms to ensure that historic preservation more equitably reflects and protects the full spectrum of American history. Keywords: National Register of Historic Places, historic preservation reform, preservation law and policy, significance criteria, integrity standards, inclusive heritage practices, historic site, preservation, underrepresentation, structural bias, racial normativity, racial transparency. *Research for this essay was supported in part by a grant from the National Endowment for the Humanities (NEH). The views, findings, conclusions, and recommendations expressed in this article are those of the authors and do not represent those of the NEH. t Professor of Arts Administration at the University of Kentucky and a licensed attorney. Received a J.D. from the University of Kentucky J. David Rosenberg College of Law and a Ph.D. from Pennsylvania State University's Art Education program. The authors gratefully acknowledge support from the National Endowment for the Humanities, which funded a portion of this research. The authors also thank the University of Kentucky's UNITE Research Priority Area for providing seed funding that enabled the development of this project. The authors thank colleagues for their thoughtful feedback on earlier stages of this work and express appreciation to the editors for their careful work shepherding the article to publication. T Practicing attorney. Received a J.D. from Vanderbilt University Law School and an M.A. in Arts Administration and a B.A. in Political Science and Economics from the University of Kentucky.