recent case regarding repatriation of even older remains and artifacts from Spirit Cave, Nev., suggests that the Kennewick Man case should be used as a legal precedent and that the remains of Spirit Cave Man are not Native American.
Four University of New Mexico anthropologists have written an article where they suggest that a precedent in Paleoindian human remains is “inappropriate and unnecessary.” They claim that each case is unique and that repatriation determination should be handled case-by-case.
Law, however, is based on precedential decisions. The trick is in determining if the facts of each case are similar enough to warrant or mandate the use of the precedent.
