M. Alexander Pearl has published “Corporeal Property and the Limits of NAGPRA” in the Fordham Law Review.
Here is an excerpt:
The Native American Graves Protection and Repatriation Act represents a pivotal but incomplete legislative effort to confront the enduring legacy of colonialism in the United States. NAGPRA addresses a specific and deeply troubling consequence of colonialism: the unlawful appropriation of Native American ancestors and cultural items by federal and federally funded institutions. Although it lays a critical foundation for repatriation and a sense of cultural justice, NAGPRA’s effectiveness is constrained by its grounding in Western legal traditions—especially its emphasis on corporeal, material property. To redress a wider range of harms suffered by Native communities, we must look beyond the statute’s current framework and embrace an expanded understanding of property, one that includes intangible rights based
in cultural harms and rights.
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