The aff fails – it groups all native american groups under one strategy and continues the belief that monetary incentives are the only method of reperations – shame on you affirmative not cool dude
Baker 18, *J.D. candidate, North Carolina Central University School of Law, 2019; B.A., Wake Forest University, Sociology, 2016. (KaDeidra, “Indigenous Appropriation and Protections Provided by Intellectual Property Law”, North Carolina Central University Science and Intellectual Property Law Review, Volume 11 Issue 1 Article 4, 8-16-2018, https://archives.law.nccu.edu/cgi/viewcontent.cgi?article=1010&context=siplr , DOA: 6/29/24)//LFS – LMH
In addition, throughout the history of the United States, there has been a long standing disconnect between the cultural values of Native American nations and the laws of the United States federal government. 132 For example, the Sioux Nation133 is the poorest Native American nation in the United States.134 Over the course of the last century, the Sioux Nation has asserted that the federal government breached the Fort Laramie Treaty of 1868135 by forcefully taking possession of land occupied by the tribe.136 The tribe brought a claim against the United States to regain what they consider to be sacred land.137 After a long fought court battle, the United States was eventually ordered to pay the Sioux Nation $122.5 million.138 Despite the Sioux Nation’s struggling financial standing, the tribe refused the money.139 The tribe, instead, argued that the compensation for the claim was incomparable to the cultural value of the land that the federal government expropriated.140 For these reasons, the WIPO should also consider the meaning of certain culturally significant designs when determining appropriate remedies and penalties for violating the proposed intellectual property provisions. As noted in the presented case law, in certain circumstances, monetary relief may not be sufficient to justify a sacred injury. In addition, it is also worth noting that there is no singular, “Native American perspective.” Therefore, what one Native group values, may be of no value to another group. Similarly, Native groups do not remain the same throughout time. Therefore, what may be of value to one Native group at one point in time, may be of no value in future years. For these reasons, it is also of great importance that the WIPO also take into consideration that indigenous groups are not monolithic or stagnant in their growth. Therefore, there is no set strategy that transcend the test of time and work favorably for all groups involved. For that reason, it is also worthwhile to consider using other legal theories in addition to intellectual property when protecting the cultural designs of indigenous people.