Here is the opinion in what appears to be the first IACA case in the First Circuit, out of the District of Rhode Island: DCT Order Denying Specialties’ Motion to Dismiss
cultural resources
CFP: American University Law School Symposium on “Gender and Traditional Cultural Expressions”
Apr 1: IP/Gender: Gender and Traditional Cultural Expressions
PDF – Call for Papers – WCL – Gender and Traditional Cultural Expression
Click Here – Call for Papers Submission Form
IP/Gender: Mapping the Connections
Eighth Annual Symposium, April 1, 2011
Special Theme:
Gender and Traditional Cultural Expressions
New Scholarship on Indigenous Traditional Knowledge and Intellectual Property Law
Ikechi Mgbeoji has posted “Making Space for Grandma: The Emancipation of Traditional Knowledge and the Dominance of Western-Style Intellectual Property Rights Regimes” on SSRN.
Here is the abstract:
The question that this paper seeks to tackle is whether the patent system is of any relevance or pertinence to the search for mechanisms for the protection of traditional knowledge (TK) of the medicinal uses of biodiversity possessed by traditional knowledge practitioners across different parts of the world. Allegations of biopiracy have been made against researchers, bioprospectors and other entities actively scouring indigenous peoples’ cornucopia for the next miracle drug. The objective of this paper will be achieved through two main approaches. The first analyzes the historical and philosophical roots of the divide between dominant regimes of intellectual property rights (IPRs) and Traditional Knowledge (TK). As already noted, the patent system is used as the framework for the analysis. The second suggests ways and methodologies by which the divide may be bridged. The analysis concedes that the gaps are quite profound but nonetheless offer policy-makers some leeway and flexibility to protect TK by borrowing some of the features of dominant IPRs regimes. The approach is anchored on a pragmatic acceptance of the fact that dominant regimes are too well-established to be displaced by well-meaning but weak protagonists for purer versions of TK-models.
LTBB Looks to Open Museum
H/T E.P., from upnorthlive.com—
History will be preserved in new Odawa museum
Andrew Keller
Posted: 11.01.2010 at 7:07 PM
HARBOR SPRINGS, MI — The Little Traverse Bay Band of Odawa Indians has a plan to preserve its history.
The new museum will not only provide a place to learn about the past, it’s also going to have a state of the art system that will help keep history safe.
There’s an old bible, worn in age, but written in native language. There’s a tomahawk, a spear, and an arrowhead. These are just a few things that have been in storage with a lot of other things, but soon, will be on display.
“I’m close to retirement age, but I’m going back and forth, I don’t know if I want to retire, and like an old hen on an egg, I want to see what happens, when it hatches, so I want to be there,” said Yvonne Walkerkeshick, Director, Archives and Records.
Walkerkeshick is the Director of Archives and Records at the Governmental Center for the Little Traverse Bay Band of Odawa Indians. She says retirement has been put on hold for now, as details of a new museum of history for the tribe were announced.
The tribe is moving forward with plans that started rolling more than 10 years ago. A new museum, equipped with a state-of-the-art safety and fire suppression system, will be built near the Government Center.
“They did a study, and they found there is a need, there’s a need for storage and a museum is a big part of this to look to display our artifacts and our items,” said Tribal Chairman Ken Harrington.
Somebody found a spear near the Straits of Mackinac and donated it to the Archives and Records Department. The estimate is it was made somewhere in the late 1700’s. This will be one thing that’s displayed at the new museum.
Archives and Records and the Repatriation Department are working with other non-Native American Museums to repatriate items to be a part of the new museum on top of the donated artifacts.
“I believe once it really gets rolling, and the Native Population sees we really are going to have a museum, then they will go into their attics and begin digging out more things that we can put in our museum,” said Walkerkeshick.
“It shows the culture of the people,” said Harrington.
The new museum will also be safe storage for members of the tribe personal keepsakes.
Right now, site plans are being finalized to be presented to the Tribal Council.
Here’s some information about tribal religious claims to Rattlesnake Mountain in Eastern Wash.
The article is weighted toward non-Indian concerns. http://www.tri-cityherald.com/2010/10/07/1199522/rare-rattlesnake-mountain-tours.html
Oklevueha Native American Church v. Holder RFRA Complaint
Here: Oklavueha NAC Complaint (D. Utah).
Federal Court Dismisses Challenge to Choctaw Tribal Court Indian Child Adoption Matter
Here are the materials in Alexander v. Salazar (E.D. Okla.):
Tribal Court Judge Jurisdictional Brief
Story About Harvesting Wild Rice on Michigan Public Radio
Podcast here , slide show here.
For thousands of years, Native American tribes in the Great Lakes region have been harvesting wild rice. They call it manoomin.
But over the past few centuries, this tradition has been dying out. The rice beds have been shrinking, and the cultural knowledge has been disappearing. Many tribes were forced to relocate away from the wild rice beds. Starting in the 1870s, some children were taken from their families, into boarding schools. They were given English names and cut off from their culture and from the knowledge of how to harvest rice.
In Michigan, some people are trying to bring the tradition back.
Saginaw Chippewa Repatriation News
From the Morning Sun:
Dennis Banks, renowned co-founder of the American Indian Movement who helped create the language for the Native American Graves and Repatriation Act which became law in 1990, took part in a reburial ceremony Thursday on the Isabella Reservation.
The reburial ceremony was for 10 Native American ancestoral remains who were dug up and kept in a vault in a museum at Harvard University and were proven to be affiliated with the Saginaw Chippewa Indian Tribe.
OSG Brief in Hogan v. Kaltag Tribal Council — OSG Supports Tribe
Huge brief, here: Hogan 09-960 (SG Response).
Earlier materials here.
Turtle Talk 
You must be logged in to post a comment.