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Comment on amici appeals briefs

The amici briefs supporting science and those supporting the DOJ & tribes make interesting reading. A wide range of topics provide thoughtful perspective and indepth discussions of the implications of the issues on appeal. For example, Simic & Custred's presentation of oral tradition as evidence is an issue ripe for discussion. The Society for American Archaeology and the Ohio Archeological Council present strong, clear statements on the basics of NAGPRA and the requirements for affiliation that may put wide-spread confusion to rest. Hutt's views on cultural property rights, an issue unaddressed in the original case, will surely spark conversation.

The Department of Justice's and the Joint Tribal Coaltion's final responses to the scientists' reply briefs (still to be posted) and these amici briefs are due July 1, 2003. When the entire record of appeals arguments are assembled, these documents will reflect a wide spectrum of interests: archeological, legal, culural, and political. The opinion from the 9th Circuit Court of Appeals may be more than year away. We welcome your comments.

On behalf of science:

Society for American Archaeology (NAGPRA basics & requirements for cultural affiliation)

Ohio Archaeologial Council (NAGPRA requirements and the archeological record)

Simic & Custred on oral traditions as evidence(evaluating oral tradition as evidence)

Goddard & Shipley on linguistics as evidence (evaluating linguistics as evidence)

Pacific Legal Foundation (Chevron deference and First Amendment issues)

Texas Historical Commission (importance of additional studies)

Ethnic Minority Council of America (rights of nonrecognized Indians and other minorities of Asian and Polynesian ancestry)

On behalf of the Joint Tribal Coaltion and the Department of Justice:

Hutt on cultural property laws [filed 03/03 posted 6/27/03]

Association of American Indian Affairs and the Morning Star Institute [filed 03/03 posted 6/27/03]

--The Haudenosaunee Standing Committee brief is not yet available

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