If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans
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The Fourteenth Amendment should apply to Native Americans in the same manner that it is applied to other groups within the United States. In practice that has not been the case. The body of Indian Law has developed around a "special" treatment for Indians that is actually less than equal in effect. Such disparity is particularly evident in the treatment by the courts of the cultural property of Native Americans. The premise of the article is that if Native Americans were afforded equal protection for their cultural property rights then remedial laws would not be necessary. To illustrate the disparity of treatment, the article contrasts the historical treatment of Geronimo with the property rights of victims of Nazi era confiscation of property, protection for rap musicians in their intellectual property, and the protocols for victims in an airline disaster.