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44 Ariz. St. L.J. 809 (2012)
NAGPRA and the Problem of "Culturally Unidentifiable" Remains: The Argument for a Human Rights Framework

handle is hein.journals/arzjl44 and id is 825 raw text is: NAGPRA AND THE PROBLEM OF CULTURALLY UNIDENTIFIABLE REMAINS: The Argument for a Human Rights Framework Rebecca Tsosie* The 2010 Conference entitled Repatriation at Twenty: A Gathering on Native Self-Determination and Human Rights was inspired by the leadership of Suzan Shown Harjo, Walter Echo-Hawk, James Riding-In, Mervin Wright, and Peter Jemison, all of whom played fundamentally important roles in the Repatriation movement and contributed Articles to this Symposium volume of the ASU Law Journal. These colleagues, and the others who were members of the Working Group on Culturally Unidentified Native American Human Remains, including Chairman Wallace Coffey of the Comanche Nation, were instrumental in the work that I did on these issues from 1994, when I joined the faculty of the ASU College of Law, until May 2011, when I stepped down as Executive Director of the Indian Legal Program at ASU I owe each of them a debt of gratitude for their courage, their foresight, and their sense of humor, which kept me going through many challenges. The article that I have contributed to this volume, NAGPRA and the Problem of 'Culturally Unidentifiable' Remains: the Argument for a Human Rights Framework, relates much of that history. I have cited several key documents in this Article that have not been published, but are important to understanding the legal battles that we are currently facing. These documents are presented as appendices to this Article, following the format of the 1992 Symposium on NAGPRA published by the ASU Law Journal. Both symposium issues contain many of the documents that are necessary to understand the position taken by the Native Nations who are most impacted by the repatriation laws of the U.S. government. I am grateful to all of the distinguished colleagues who came to ASU to speak at this conference and then agreed to publish their remarks. I am also grateful for the * Willard H. Pedrick Distinguished Research Scholar and Professor of Law, Sandra Day O'Connor College of Law, Arizona State University. I would like to thank Professor Jeffrie Murphy, Regent's Professor of Law and Philosophy at the Sandra Day O'Connor College of Law for his helpful suggestions on a very early draft of this article. I am grateful to the members of the Arizona State Law Journal staff, including Sasha Meschkow, Molly Lynch, Melissa Posner, and Eric Wanner, who diligently worked on this article and finalized the citations and appendices. They have set a new standard for leadership on the Law Journal, and I am deeply appreciative for their dedication and hard work.

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