Explores a variety of current issues related to American Indian Law. The topics will change to reflect the subjects that emerge at each time that the seminar is offered. Some examples of topics considered in this seminar include legal protections for American Indian religion and culture, cultural property, Tribal law, gaming law, and Native American natural & cultural resources law.
Meeting Times & Locations:
||4:15 PM - 5:55 PM
Cultural Property Law Seminar
This seminar is devoted to the study of cultural property, meaning those things, both tangible and intangible, that are of such great and particular significance to the identity, experience, or survival of a people that they may deserve legal protection. From disputes about American Indian graves to the looting of the National Museum of Iraq, the seminar will consider contemporary cultural property claims against an emerging international and domestic legal framework of treaties, conventions, statutes, regulatory, and decisional law. The seminar will examine such questions as: Can cultural property be protected under existing real and intellectual property law? How do cultural property claims relate to civil and human rights? To what extent should a group's cultural interests be balanced against competing claims of free speech, scientific research, and the concept of the “cultural commons”? How should parties practically approach cultural property disputes as a matter of custom, governance, negotiation, or litigation? Although the seminar will examine the cultural property of groups in general, it will emphasize indigenous peoples, with particular exposure to the law on American Indian sacred sites, language, religion, arts, and traditional knowledge. After introductory material and several guest speakers, each student will select a paper topic and devote much of the semester to research, writing, and presenting the paper.
First Assignment: First Assignments.pdf