Primary

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Expanding Home Confinement During COVID-19

Expanding Home Confinement During COVID-19

A regulatory remedy can help reduce the federal prison population during the pandemic.

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.

Rerouting Health Insurance Navigation

Rerouting Health Insurance Navigation

The federal government restores a program aimed at expanding health coverage access among vulnerable groups.

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?

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.