Protection of Traditional Cultural Resources – Working Draft of NARF

May 18, 2017Matthew L.M. Fletcher

Here:

Protection of Traditional Cultural Resources – Working Draft of NARF

From NCAI:

Dear Leaders:

This is an important time for protection of tribal cultural resources. The World Intellectual Property Organization, an agency of the United Nations, is considering the adoption of an agreement among countries to protect the traditional cultural expressions of indigenous peoples. The WIPO Committee charged with this task will hold an important session in Geneva, Switzerland on June 12-16, 2017.

On May 4-5, 2017, the Native American Rights Fund and the University of Colorado Law School hosted a drafting session to propose text for the upcoming negotiations. The attached draft focuses on the problem of theft and illegal possession of tribal cultural expressions. It also addresses false marketing suggesting affiliation, approval or endorsement by indigenous peoples.

At the NCAI Midyear at Mohegan, Connecticut, NCAI will host a consultation session with the U.S. Patent & Trademark Office, the federal agency that engages with WIPO, on June 12, 2017. This coincides with the first day of the negotiation in Geneva, and so the federal officials leading negotiations for the U.S. government will join by conference call.

We encourage you to review the draft, and please join us at the June 12, 2017 consultation with the Patent & Trademark Office at the NCAI Midyear. (Even better, please contact us if you have questions on how to attend the negotiation in Geneva.) You can view the most recent draft document under discussion at WIPO here. <http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=368102>

Thank you very much for your attention to this keenly important issue.

Jacqueline Pata

New Scholarship Arguing, “Presidents Lack the Authority to Abolish or Diminish National Monuments”

May 16, 2017May 16, 2017Matthew L.M. Fletcher2 Comments

Mark Squillace, Eric Biber, Nicholas S. Bryner, and Sean B. Hecht have posted “Presidents Lack the Authority to Abolish or Diminish National Monuments” on SSRN.

Here is the abstract:

By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks.

While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities Act and other statutes, concluding that the President lacks the legal authority to abolish or diminish national monuments. Instead, these powers are reserved to Congress.

Zinke’s “Be Nice” Moment is a Highly Gendered Response

May 15, 2017May 15, 2017Matthew L.M. Fletcher1 Comment

Here is “Linguist Robin Lakoff on Women, Men and American Talk — Are women bound by a culture of niceness?”, from Moyers, focusing on Secretary Zinke’s aggressive effort to shut down questions from Cassandra Begay.

Video here: