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There are Skeletons in the Closet: The Repatriation of Native American Human Remains and Burial Objects

Abstract

This Note discusses our forefathers' failure to respect the right of Native Americans to let their dead rest in peace. It also discusses the current efforts being undertaken to address the problems resulting from these failures. Section I provides the reader with a brief history of the disinterment of Native American remains and burial objects and the legislative and judicial efforts of Native Americans to bring about the repatriation and reburial of these items. Sections II and III survey the federal and state law pertaining to the Native American claims for repatriation. Finally, Section IV concludes that the common law in this country clearly establishes the right of all people, including Native Americans, to protect the burial sites of their ancestors, and to repatriate those remains which have been wrongfully removed from the earth.

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34 Ariz. L. Rev. 187 (1992)

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Authors

John B. Winski

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