Oral Argument Audio in Jim Thorpe NAGPRA Matter

Here. CA3 oral argument database here.

Briefs here and here.

Sac and Fox Tribe/NCAI Briefs in Third Circuit Appeal of Jim Thorpe Case

Here:

Sac and Fox Tribe Brief

NCAI Amicus Brief

Opening briefs are here.

Lower court materials here.

Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe — Updated with Amicus

Here:

Borough Opening Brief 3rd Cir (00020639)

Update — Amicus brief:

Grandsons Amicus Brief

Lower court materials here.

Ninth Circuit Briefs in Challenge to Repatriation of “La Jolla Skeletons” to Kumeyaay Cultural Repatriation Committee

Here are the briefs in White v. University of California:

White Opening Brief

Kumeyaay Cultural Repatriation Committee Answer Brief

University Answer Brief

White Reply

Lower court materials are here.

Jim Thorpe, PA Has “no intention of letting him go”

Here, via How Appealing.

NYTs on Apache Dispute with American Museum of Natural History

Here.

NYTs on Trend of International Museums to Repatriate Human Remains of Indigenous Peoples

Here.

An excerpt:

In many ways, the German association is drawing on the experiences of museums in Britain and the United States, which started facing claims for the repatriation of human remains decades ago. The Smithsonian began to repatriate American Indian bones in the late 1980s, and in 1990 the United States passed legislation to enforce the return of those remains by museums that benefit from federal funds. The Smithsonian independently returned remains to Australia in 2008 and 2010.

However, a report in 2011 from the Government Accountability Office still urged new measures to speed up the Smithsonian’s work, because by then it had returned only 5,000 remains, about one-third of its collection of such material.

Borough to Appeal Jim Thorpe Ruling because It’s Cheaper to Do So

Here, via How Appealing.

Judge Orders Repatriation of Jim Thorpe’s Remains under NAGPRA

Judge Caputo (Mid. Dist. Penn.) entered an order granting a complete summary judgment in favor of Bill and Richard Thorpe and the Sac and Fox Nation in the litigation to repatriate the remains of Jim Thorpe pursuant to the Native American Graves Protection and Repatriation Act.

The judge concluded that NAGPRA applies to the remains of Jim Thorpe and to the Borough, and he also ruled that the passage of time between the enactment of NAGPRA and the filing of this case did not prevent a repatriation. This is a very significant ruling under NAGPRA, and it should be helpful to tribes in the future because it addresses and rejects some so-called defenses to NAGPRA that could be used to impede repatriation efforts.

Memorandum Decision

Order

Update w/ materials:

Borough Motion for Summary J

Sac and Fox Nation Motion for Summary J

Borough Response

Sac and Fox Nation Response

Federal Court Dismisses Winnemem Tribe’s NAGPRA Claims

Here are the materials:

DCT Order Denying Motion But DismissingNAGPRA Claims

USFS Motion to Strike NAGPRA Claims

Winnemem Opposition

USFS Reply

The court previously dismissed the tribe’s cultural property claims.