May
06
2008
profmcs
All,
I was wrong about the last email business - I wanted to send some comments about the last PrEx.
1. Re: repatriation of the artifacts and remains - yes, it is required. The key is in the statute; I’m sorry if I confused any of you with my answer regarding a “retroactive clause”. No, there is not clause that says explicitly NAGPRA is retroactive, but there doesn’t need to be. What it says is that museums have to summarize and inventory their collections at the time the law was passed and repatriate in certain conditions. That’s not retroactive per se, so I struggled to answer the question I was asked.
3. I was looking for the triggering of any or all of the following laws:
NHPA and NEPA - not triggered because it’s not a federal action. It doesn’t matter that it’s not federal land. One of you pointed out the tribe might be federally subsidized. If that’s true, then the subsidy might be subject to NHPA or NEPA, such as a grant to build the memory pile, but absent that fact, there’s no trigger.
ARPA and NAGPRA - is this Indian land?
I didn’t expect any of you to bring up AIRFA, as it is primarily instruction to the agencies to provide access. Here there’s really no need for the tribe to be required to give itself access, right?
4(b). What I mean by “internal nature” is the fact that this could be said to be a civil dispute. Does Hague apply to civil (internal) disputes? Yes - any armed conflict, not just “war”. Does NHPA 402 apply if we say this is internal, or is it still 106? I don’t know. Many of these questions (#4) are to test your reasoning. This one had fewer right answers than any other practical exercise.
4(c). Remember that the waiver has two aspects.
Is one party is using the resource in a way that exposes it to danger? If yes, the immunity or protection is waived, but really only if…
It is of unavoidable military necessity that the resource be risked (attacked). That doesn’t mean was it UMN for Naylor to use the buildings as shields; it means is it UMN for the U.S. to attack and risk or cause damage.
4(d). WHL or former NR status may make a difference primarily under 402, but also under the Hague convention. How you answer this will depend largely on your previous answers.
I hope that helps.
All the best!
May
06
2008
profmcs
Hello all,
This will likely be the last post you get from me. 
Your PrEx4 and Indep Project grades are up. I also created a column for poster grades as well. Should all be viewable from My Grades. The PrEx has a rubric you can download for feedback, and the papers have comments in the grade field on the assignment itself.
Re: Your Independent Projects, remember that your final grade for the project as a whole was the paper (the out-of-100 grade posted on WebCT) and your preliminary work (out of 10). To calculate, use this equation:
Prelim + (Paper*.9)
Thanks!
Apr
25
2008
profmcs
PLE students,
Don’t feel that you need to upload your posters. If you can or already did, great, but I wasn’t expecting to see them until Monday. On Monday, if I really like them, I’ll ask to keep them, but otherwise, they are yours.
Apr
23
2008
profmcs
Pres Law folks,
There won’t be a powerpoint today, and depending on the weather, we can go outside if the class wants to. We’ll be talking about the Practical Exercises, both graded and new, which will be up midday. I lost internet last night at home and now have to wait to get into my office to post them.
See you at 2 - Jennie
Apr
16
2008
profmcs
In a remarkable turn of events, I actually remembered to post the PowerPoint early yesterday, but in a not-so-surprising way, I forgot to blog the announcement! So, let it be known that the PowerPoint for today as well as the one for Monday (4.21) is available on WebCT.
