This advanced, practice-focused seminar examines the U.S. legal frameworks governing the protection, preservation, and repatriation of Indigenous cultural property, including sacred objects, human remains, ceremonial items, and traditional knowledge. The course explores how federal statutes, tribal law, and international norms intersect in disputes involving museums, universities, collectors, and government agencies.
Central to the course is the implementation and real-world application of the Native American Graves Protection and Repatriation Act (NAGPRA), along with related laws protecting archaeological resources and tribal heritage. Students will analyze how lawyers advise tribal governments, institutions, and private actors on compliance, repatriation claims, and dispute resolution.
The seminar treats Indigenous cultural property law as a high-stakes and evolving legal practice, where issues of sovereignty, identity, ethics, and legal authority converge. Students will develop practical skills in compliance planning, negotiation, and culturally informed legal strategy.
This course assumes prior study of federal Indian law, property law, or cultural heritage law.
Course Objectives
By the end of the course, students should be able to:
1. Understand legal frameworks protecting Indigenous cultural property in the U.S.
2. Analyze tribal sovereignty and its role in cultural property disputes.
3. Evaluate repatriation claims under federal law.
4. Understand compliance obligations for museums and institutions.
5. Assess risks for collectors and academic institutions.
6. Navigate jurisdictional and legal conflicts involving tribal law.
7. Advise clients on culturally sensitive legal strategies.
8. Evaluate ethical considerations in Indigenous cultural property law.
9. Analyze litigation and negotiation strategies.
10. Apply legal principles to real-world Indigenous cultural property disputes.
