Tag Archives: tribal consultation

When Archaeologists Teach the Law

When I left my job as an attorney to study archaeology, I assumed I was leaving the law behind. But one of the things that has surprised me most in my new life is just how much work archaeologists do in teaching the law. Time and again, in undergraduate seminars, at excavation sites, at museums, in field schools, at national parks, or online, I’ve watched archaeologists and anthropologists educating people about Section 106, NAGPRA, historic preservation law, the Antiquities Act, the legal history of Native American dispossession and public lands, or the finer points of Native American sovereignty. Many archaeologists seem uncomfortable with this role, though. If I’m around and they know my background they’ll sometimes look to me as if I might be able to chime in and clarify everything. The truth is that many professional archaeologists know much more about these areas of law than most lawyers do. My law practice mostly involved product liability and insurance law. When I started my PhD program, I could have told you all about the laws regulating dangerous products but almost nothing about any of the laws that surround archaeology. Only once in my legal career did I even have a [Read More]

Bears Ears and the Issue with Ownership

Howdy! This week I return to our “regularly scheduled programming” and discuss the issue of ownership in relation to archaeology and public lands. The question “who owns the past?” arises wherever there is contestation over cultural heritage between groups. Conversations about ownership have hinged on the ethical considerations surrounding portable artifacts, antiquities, and human remains. Examples include the return of the Euphronios Krater to Italy, the recent sale of Hopi Katsina friends (or masks) in a Paris auction house, England’s stubborn refusal to return the Parthenon Marbles to Greece, and the long controversy over the repatriation of the Ancient One (Kennewick Man). The ownership of portable cultural patrimony is a huge, fraught issue that isn’t going away. Dozens of books discuss cultural patrimony and ownership. However, the debate is a bit different when we talk about cultural sites and landscapes that cannot be moved (unless you’re Carmen Sandiego!). The issue of ownership is no less applicable in the case of cultural landscapes, though it is the ability to make decisions about management of particular places that is at stake. This is a lengthy post, so let me lay out a map on the hood of the truck and give you some directions. I am [Read More]