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Today's archaeologists and law practitioners must have an increased awareness of legal issues pertaining to historic preservation and cultural resource management (CRM). Archaeological sites and finds are non-renewable resources inciting numerous legal debates based upon claims of legitimacy and ownership. In this edited volume of original articles, law professionals and legal scholars offer their perspectives on current debates for the heritage community, giving multiple viewpoints and injecting historical depth to contemporary legal controversies. The contributions focus on three key issues: Enforcement and Preservation; International Issues; and Repatriation—in which insights are given on topics such as underwater cultural heritage, global trade and export, illegal trafficking of antiquities, domestic law enforcement, and indigenous people's legal rights. Famous cases such as the Elgin Marbles and the Kennewick Man, as well as laws such as NAGPRA and McClain doctrine are discussed at length. This book will be an indispensable resource to CRM practitioners, cultural property attorneys, archaeologists, community heritage groups, tribes, museums and galleries, or anyone interested in the preservation of American and global cultural heritage.
Offers various opinions on the ethical, legal, and cultural issues regarding the rights and interests of Native Americans, including discussion on the Native American Graves Protection and Repatriation Act.
A leading anthropologist “explores the fraught project of repatriating Native American sacred objects in this moving and thoughtful work” (Publishers Weekly). Who own the objects that connect us to history? And who has the right to decide, particularly when the objects are sacred or, in the case of skeletal remains, human? As senior curator of anthropology at the Denver Museum of Nature & Science, Chip Colwell has navigated questions like these firsthand. In Plundered Skulls and Stolen Spirits, he examines how to weigh the religious freedom of Native Americans against the academic freedom of scientists—and whether the emptying of museum shelves elevates human rights or destroys a common heritage. Today, hundreds of tribes use the Native American Graves Protection and Repatriation Act to recover their looted heritage from museums across the country. Colwell shares a personal account of this process, following the trail of four objects as they were created, collected, and ultimately returned to their sources: a sculpture that is a living god, the scalp of a massacre victim, a ceremonial blanket, and a skeleton from a tribe considered by some to be extinct. These stories reveal a dramatic process that involves not merely obeying the law, but negotiating the blurry lines between identity and morality, spirituality and politics. Repatriation, Colwell argues, is a difficult but vitally important way for museums and tribes to heal the wounds of the past while creating a respectful approach to caring for these rich artifacts of history.
Prehistoric burial practices provide an unparalleled opportunity for understanding and reconstructing ancient civilizations and for identifying the influences that helped shape them.
Scientists not so long ago unanimously believed that people first walked to the New World from northeast Asia across the Bering land bridge at the end of the Ice Age 11,000 years ago. But in the last ten years, new tools applied to old bones have yielded evidence that tells an entirely different story. In Bones, Elaine Dewar records the ferocious struggle in the scientific world to reshape our views of prehistory. She traveled from the Mackenzie River valley in northern Canada to the arid plains of the Brazilian state of Piaui, from the skull-and-bones-lines offices of the Smithsonian Institution to the basement lab of an archaeologist in Washington State who wondered if the FBI was going to come for him. She met scientists at war with each other and sought to see for herself the oldest human remains on these continents. Along the way, she found that the old answer to the question of who were the First Americans was steeped in the bitter tea of racism. Bones explores the ambiguous terrain left behind when a scientific paradigm is swept away. It tells the stories of the archaeologists, Native American activists, DNA experts and physical anthropologists scrambling for control of ancient bones of Kennewick Man, Spirit Cave, and the oldest one of all, a woman named Luzia. At stake are professional reputations, lucrative grants, fame, vindication, even the reburial of wandering spirits. The weapons? Lawsuits, threats, violence. The battlefield stretches from Chile to Alaska. Dewar tells the stories that never find their way into scientific papers — stories of mysterious deaths, of the bones of evil shamen and the shadows falling on the lives of scientists who pulled them from the ground. And she asks the new questions arising out of the science of bones and the stories of first peoples: "What if Native Americans are right in their belief that they have always been in the Americas and did not migrate to the New World at the end of the Ice Age? What if the New World's human story is as long and complicated as that of the Old? What if the New World and the Old World have always been one?"
American Indians and National Forests tells the story of how the U.S. Forest Service and tribal nations dealt with sweeping changes in forest use, ownership, and management over the last century and a half. Indians and U.S. foresters came together over a shared conservation ethic on many cooperative endeavors; yet, they often clashed over how the nation’s forests ought to be valued and cared for on matters ranging from huckleberry picking and vision quests to road building and recreation development. Marginalized in American society and long denied a seat at the table of public land stewardship, American Indian tribes have at last taken their rightful place and are making themselves heard. Weighing indigenous perspectives on the environment is an emerging trend in public land management in the United States and around the world. The Forest Service has been a strong partner in that movement over the past quarter century.