NewYorkUniversity
LawReview
Issue

Volume 100, Number 5

November 2025

Facilitating the Return of Human Remains: Museum Policy Case Studies Across the United States and United Kingdom

Emily R. Yan

In January 2024, the United States made landmark regulatory updates under the Native American Graves Protection and Repatriation Act (NAGPRA) amidst intensifying scrutiny on human remains stewardship and calls for repatriation. Museums across the United States and United Kingdom currently hold hundreds of thousands of human remains in their collections, many of which were acquired through colonial exploitation, thefts of cultural heritage, grave robbing, and other unethical acquisitions from marginalized communities. The dark history of these collections and their perpetuation of harm to marginalized communities necessitates improved mechanisms for human remains repatriation.

This Note examines the current state of museum human remains policies and makes the case for improved regulations and social sanctions. Museums across the United States and United Kingdom implement a wide range of policies for human remains stewardship, and the analysis of four key case studies—the American Museum of Natural History, the Denver Museum of Nature and Science, the British Museum, and the Manchester Museum—demonstrates the need for interventions to facilitate the return of human remains. Specifically, the learnings from these case studies highlight the need for public pressure and improved regulations that carry concrete mandates, are enforced, and address key regulatory gaps.