Congressional Restoration of Tribal Civil Jurisdiction
Congress should enact a law that restores tribal regulatory and adjudicatory authority.
Regulatory Recognition of Native Histories
Judicial disregard of Native Nations’ ethnohistory frustrates the purpose of federal law protecting Native remains.
Shaping Administrative Process and Metrics of Ambition
President Biden’s first executive actions provide lessons on presidential authority and ambition.
Lessons in Presidential Authority
President Trump’s last executive actions and President Biden’s early ones reveal fleeting nature of executive power.
Embracing Disruption and Other Lessons from Canada
Alternative land use and governance models highlight the need for tribally led reforms in the United States.
An Open Challenge to the Navajo Nation’s Land Use Authority
An illegal marijuana operation highlights the need for regulatory enforcement reform on tribal land.
The Constitutionality of Federal Regulation in Indian Country
A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.
Critical Race Theory and the Trust Responsibility
Critical race theory training is essential for fulfilling the U.S. government’s moral and fiduciary obligation to Tribes.
To Democratize Regulation, Reform Regulatory Analysis
Regulators must incorporate public values into their cost-benefit analyses.
Tribal Regulatory Authority to Combat Climate Change
If the U.S. Congress fails to act on climate change, it should empower Indian tribes to protect their members.
The Most Significant Indian Law Decision in a Century
A recent Supreme Court decision will have major implications for regulatory authority over tribal land in Oklahoma.
The Tribal COVID-19 Response
Native communities have responded to the pandemic in fast-moving, expertise-driven, and innovative ways.