Opinion

The Tribal COVID-19 Response

The Tribal COVID-19 Response

Native communities have responded to the pandemic in fast-moving, expertise-driven, and innovative ways.

The Legacy of Federal Control in Indian Country

The Legacy of Federal Control in Indian Country

Promoting Native environmental regulation requires confronting historically fraught federal-tribal relationships.

Supreme Court Reinstates Barriers to Abortion by Telemedicine

Supreme Court Reinstates Barriers to Abortion by Telemedicine

The Court requires in-person visits for patients seeking medication abortion despite the risks of COVID-19.

Cognitive Limits on the Value of Consumer Autonomy

Cognitive Limits on the Value of Consumer Autonomy

Cold weather spikes in Texas electricity prices reveal the risks of uninformed consumer choice in complex markets.

Complicated Environmental Regulation in Indian Country

Complicated Environmental Regulation in Indian Country

Federal and state environmental regulations ignore and exclude Native perspectives.

Biometric Data and Midnight Regulations

Biometric Data and Midnight Regulations

The Biden Administration should assess the long-term effect of a Trump era biometric data collection policy.

Solving Climate Change through Retirement Plan Regulation

Solving Climate Change through Retirement Plan Regulation

A new ESG Rule is needed to allow sustainable investing of retirement plan assets.

The Irrationality of Market Failure Theory

The Irrationality of Market Failure Theory

The economic principles underlying cost-benefit analysis exclude future impacts.

The Role of Law, Not Just the Rule of Law

The Role of Law, Not Just the Rule of Law

The law should complement—not control—private decision-making.

The Constitutional Foundations of Communications Law and Policy

The Constitutional Foundations of Communications Law and Policy

The government must recognize constitutional property and free speech rights in communications law and policy.

The Justice Department Should Preserve Home Confinement

The Justice Department Should Preserve Home Confinement

The Biden Administration should reject arguments to re-incarcerate people released from prison during the COVID-19 pandemic.

Oh, When the Feds Go Marching-In

Oh, When the Feds Go Marching-In

Marching-in could allow federal government to commercialize inventions, but at the expense of patent rights.