Process

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

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

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

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

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

Judicial disregard of Native Nations’ ethnohistory frustrates the purpose of federal law protecting Native remains.

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

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

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

A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.

Critical race theory training is essential for fulfilling the U.S. government’s moral and fiduciary obligation to Tribes.

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