Process

Congressional Restoration of Tribal Civil Jurisdiction

Congressional Restoration of Tribal Civil Jurisdiction

Congress should enact a law that restores tribal regulatory and adjudicatory authority.

Regulatory Recognition of Native Histories

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

Shaping Administrative Process and Metrics of Ambition

President Biden’s first executive actions provide lessons on presidential authority and ambition.

Lessons in Presidential Authority

Lessons in Presidential Authority

President Trump’s last executive actions and President Biden’s early ones reveal fleeting nature of executive power.

The Universal Injunction Debate

The Universal Injunction Debate

Can a single judge lawfully prevent the entire government from enforcing a regulation?

The Constitutionality of Federal Regulation in Indian Country

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 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

To Democratize Regulation, Reform Regulatory Analysis

Regulators must incorporate public values into their cost-benefit analyses.

The Most Significant Indian Law Decision in a Century

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 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.

Controversy in Cascadia

Controversy in Cascadia

A rushed federal building sale could restrict access to critical regulatory documents in the U.S. Pacific Northwest.