LSAT 101, Section 4, RC Passage 2, Native American Graves

RC Passage 2 Explanation

Paragraph Summaries

1. Native Americans can protect their grave-sites by establishing standing. This is reasonably easy for modern graves.
   It is difficult for Natives to establish standing if the graves are old and the tribe has moved.
2. Property law says that objects left in graves are not abandoned property.
3. Museums can’t buy communal property from an individual.

Analysis

This passage is a neutral description of how Native Americans can protect their grave-sites.

The author seems favorable to Native efforts, but they never explicitly say whether they agree. The passage is not an argument.

The first paragraph is the most complex. You should reread it if you’re still not clear on what standing is and how it’s established. Essentially, it’s easy to show for recent graves, but hard to establish for ancient graves, especially if the tribe has moved.

Paragraphs 2 and 3 each cover a definite theme.

In paragraph 2, we see that courts have sensibly rules that people are not abandoning objects by burying them with their loved ones. Otherwise, grave robbers could steal from graves with impunity.

Paragraph 3 draws a distinction between communal property and individual property. It hints at the fact that much Native American property is held collectively. That means you may not be able to buy some artifacts from an individual Native, because that Native may not be the sole owner of those objects..