Contextual issues in Paleoindian repatriation: Spirit Cave Man as a case study

Judge John Jelderks found that Kennewick Man cannot be defined as Native American under the Native American Graves Protection and Repatriation Act. A recent amicus brief in the legal case regarding repatriation of materials from Spirit Cave, Nevada, suggests that the Kennewick case should be used as legal precedent, and that the remains of Spirit Cave Man are also not Native American. We suggest that a precedent in cases of Paleoindian human remains is inappropriate and unnecessary. We provide bioarchaeological, human variation, archaeological, social, and cultural contexts of the Spirit Cave Man remains. These contexts indicate that this case, and likely all of the few Paleoindian cases, is unique. Determinations of repatriation of Paleoindians should be handled on a case-by-case basis.