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Open Access. Powered by Scholars. Published by Universities.®

2009

University of Colorado Law School

Publications

Indigenous peoples

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Full-Text Articles in Law

In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley Jan 2009

In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …