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New Yale Scholarship: Note: Property Rights and Sacred Sites: Regulatory Responses
Posted by James Grimmelmann on Monday, August 09 @ 00:05:00 EDT Scholarship
Marcia Yablon, Note, Property Rights and Sacred Sites: Federal Regulatory Responses to American Indian Religious Claims on Public Land, 113 YALE L.J. 1623 (2004).

(Abstract prepared by James Grimmelmann)

Currently, federal land management agencies are responsible for the majority of decisions regarding Indian sacred sites located on federal land. Given that, in the past, land management agencies were often responsible for the decisions to destroy sacred sites, it is little wonder that most tribes and sacred sites supporters are dubious that these agencies will provide any real protection. But such mistrust may no longer be justified. This Note argues that agency management of Indian sacred sites, in conjunction with statutory consultation provisions and backed by judicial enforcement, is the best form of protection for these sites. In addition, it shows that because of the effectiveness of agency protections, the persistent scholarly arguments for broader judicial or legislative protections are no longer appropriate.

 
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