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.
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
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
Cold weather spikes in Texas electricity prices reveal the risks of uninformed consumer choice in complex markets.
Complicated Environmental Regulation in Indian Country
Federal and state environmental regulations ignore and exclude Native perspectives.
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
A new ESG Rule is needed to allow sustainable investing of retirement plan assets.
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 law should complement—not control—private decision-making.
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 Biden Administration should reject arguments to re-incarcerate people released from prison during the COVID-19 pandemic.