Tribal Restrictions on Sharing of Indigenous Knowledge on Uses of Biological Resources

Tribal Restrictions on Sharing of Indigenous Knowledge on Uses of Biological Resources T he Indian Civil Rights A ct, rather than the federal C onstitution, lim its the pow er o f an Indian tribe vis-a-vis its m em bers. In interpreting provisions o f the IC R A , it is appropriate to look to precedents under analogous constitutional provisions constraining federal and state action, although particular facts about tn b al structure and traditions may be relevant to the analysis. In som e factual circum stances, a tribal ordinance prohibiting m em bers from sharing, with researchers o r others…