All Essays

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.

Embracing Disruption and Other Lessons from Canada

Embracing Disruption and Other Lessons from Canada

Alternative land use and governance models highlight the need for tribally led reforms in the United States.

The Universal Injunction Debate

The Universal Injunction Debate

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

Week in Review

Week in Review

The CDC decreases distancing guidelines in schools, USDA increases food stamp benefits, and more…

Religious Freedom or Pandemic Safety?

Religious Freedom or Pandemic Safety?

The Supreme Court blocked Governor Cuomo from enforcing COVID-19 restrictions on houses of worship.

An Open Challenge to the Navajo Nation’s Land Use Authority

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.

Tackling Viral Variants

Tackling Viral Variants

FDA issues policy guidance to help medical product developers address COVID-19 viral variants.

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.

Wall Street’s Favorite Four-Letter Word

Wall Street’s Favorite Four-Letter Word

The stock market is excited about SPACs, but regulators worry they could harm retail investors.

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.