Theoretical Restrictions on the Sharing of Indigenous Biological Knowledge: Implications for Freedom of Speech in Tribal Law

14 Kansas Journal of Law & Public Policy 525 (2005)

36 Pages Posted: 7 Dec 2004 Last revised: 26 Jan 2016

Date Written: 2005

Abstract

This Article brings forth the possibility that an American Indian tribe might legislate to prohibit the exportation and disclosure of Indigenous biological knowledge. Such legislation tends to implicate both the due process rights and free speech rights of tribal members and non-tribal members affected by such legislation. This Article, however, will focus on the implications of the freedom of speech concerns resulting from such a prohibition or restriction. The impact on free speech - as well as the tribe's justification for such restrictions or prohibitions - best brings forth the arguments on the merits.

Part I of this Article sets the table by defining what is meant by "Indigenous biological knowledge." That Part also provides examples on how that knowledge has been exploited by non-Indians in sometimes extraordinarily negative ways. Part II illustrates the legal regimes currently available for Indian tribes to prevent this exploitation and how these regimes generally fail to adequately protect Indians and tribes. Part III describes civil rights jurisprudence in Indian Country, with a focus on freedom of speech. Part IV discusses a few of the possible tribal law responses to prevent the exportation of Indigenous biological knowledge. Part IV also analyzes the free speech implications of these theoretical legislative solutions in the context of tribal constitutional law on free speech guarantees.

Keywords: Tribal Law, American Indian Law, Freedom of Speech, Civil Rights, Constitutional Law, Comparative Law, International Law, Intellectual Property

Suggested Citation

Fletcher, Matthew L. M., Theoretical Restrictions on the Sharing of Indigenous Biological Knowledge: Implications for Freedom of Speech in Tribal Law (2005). 14 Kansas Journal of Law & Public Policy 525 (2005), Available at SSRN: https://ssrn.com/abstract=627522

Matthew L. M. Fletcher (Contact Author)

University of Michigan Law School ( email )

500 S. State Street
Ann Arbor, MI 48109
United States

HOME PAGE: http://https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/matthew-lm-fletcher

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
171
Abstract Views
1,357
Rank
315,815
PlumX Metrics