Process

The Regulation of Stolen Cultural Artifacts

The Regulation of Stolen Cultural Artifacts

Experts address weaknesses and inconsistencies in the U.S. regulation of looted cultural artifacts.

Improve the Social Cost of Carbon, Do Not Replace It

Improve the Social Cost of Carbon, Do Not Replace It

Despite some scholars’ criticisms, the social cost of carbon is a useful tool for crafting U.S. climate policy.

Promoting Indian Child Welfare Through Inquiry and Data

Promoting Indian Child Welfare Through Inquiry and Data

Data collection on Native American involvement in adoption and foster care is needed to remedy courts’ failures.

Rules for Acknowledging a Broken Trust

Rules for Acknowledging a Broken Trust

In the battle for self-determination, unrecognized Indian tribes can petition for federal acknowledgment.

Unsettled Consequences of the McGirt Decision

Unsettled Consequences of the McGirt Decision

A Supreme Court decision raises new questions about tribal jurisdiction in land disputes.

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.