| Author | Title | Citation | Summary | Year |
| Evan D. Bernick |
CANON AGAINST CONQUEST |
2025 University of Illinois Law Review 1169 (2025) |
The curious thing about court cases which have occurred since the treaty days is that legal interpretation has been traditionally pro-Indian. -Vine Deloria, Jr., Custer Died For Your Sins: An Indian Manifesto (1969) The interpretive rules that require judges to read treaties, statutes, and other legal texts in favor of Native nations and people... |
2025 |
| Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu |
CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM |
59 Law and Society Review 356 (June, 2025) |
(Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... |
2025 |
| Diane Marie Amann |
CHILD-TAKING JUSTICE AND THE FEDERAL INDIAN BOARDING SCHOOL INITIATIVE |
119 American Journal of International Law 629 (October, 2025) |
I always wonder where the ghosts are & if they still celebrate the living - Kinsale Drake, Diné poet I formally apologize as president of the United States of America, for what we did. - Joe Biden, U.S. president All too common, among the too many wrongs done to oppressed communities, is child-taking. Child-taking occurs when a state or similar... |
2025 |
| Alexandra Fay |
CITIZENSHIP AND EMPIRE IN ELK v. WILKINS |
102 Washington University Law Review 1839 (2025) |
In 1884, the Supreme Court held that the Fourteenth Amendment's guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins, the Court denied John Elk the right to vote on the grounds that he was born a tribal member, not subject to the jurisdiction of the United States, and thus ineligible for citizenship. This Article... |
2025 |
| Daniel B. Rice |
CIVIC DUTIES AND CULTURAL CHANGE |
113 California Law Review 1723 (October, 2025) |
What duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America's... |
2025 |
| James G. Dwyer, William & Mary, jgdwye@wm.edu |
CLARIFYING PARENS PATRIAE |
30 Journal of Ethics & Social Philosophy 339 (May, 2025) |
Legal systems treat a third of the human population as nonautonomous, incompetent to govern their own lives. This includes persons of any age with incapacitating mental conditions (intellectual disability, mental illness, dementia, etc.) and minors. Recent decades have seen challenges to the categorization by lawmakers of individuals as such, with... |
2025 |
| |
CONFERENCE SPEAKERS |
49 Canada-United States Law Journal 8 (2025) |
Kristy Balsanek has more than 20 years of legal experience, practicing in both global law firms and in-house roles. She focuses on core environmental, social and governance (ESG) related risk areas including business ethics, corporate governance, director/officer duties, anti-corruption, sanctions, global supply chain transparency, labor and human... |
2025 |
| Evan D. Bernick |
CONSTITUTIONS OF ICE AND FIRE |
173 University of Pennsylvania Law Review 2081 (June, 2025) |
Imagine the present, cooled-down universe, in comparison to the universe in its fiery and formative stage, as a living corpse: with limited kinetic energy, temperature, and degrees of freedom, with an established structure, and with enduring regularities--the laws of nature. Yet there was a time . when the phenomena were excited to much higher... |
2025 |
| M. Alexander Pearl |
CORPOREAL PROPERTY AND THE LIMITS OF NAGPRA |
94 Fordham Law Review 457 (November, 2025) |
Introduction. 457 I. Western Legal Traditions of Property. 458 II. Historical Conduct and the Inertia of Native Mythology. 466 III. Updates to NAGPRA and a New Category of Contemporary Harms to Tribal Communities: Federal Indian Boarding Schools. 472 IV. Guiding Principles for Restoration of Tribal Cultures and Languages. 477 Conclusion. 482 |
2025 |
| Taleed El-Sabawi, Sarah Katz |
DEINSTITUTIONALIZING FAMILY SEPARATION IN CASES OF PARENTAL DRUG USE |
134 Yale Law Journal Forum 1022 (2024-2025) |
March 28, 2025 abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under the guise of child welfare. Family separation remains the family policing system's primary intervention in families, including families... |
2025 |
| Kathryn Abrams |
DEMOCRATIC CHANGE, FAST AND SLOW: NAVIGATING TENSIONS IN PRO-ABORTION ORGANIZING |
102 Washington University Law Review 1927 (2025) |
C1-2Table of Contents Introduction. 1927 I. Two Visions of Reproductive Change. 1929 A. Proponents of the Initiative Strategy: Fast Democratic Change. 1929 B. Critics of the Initiative Strategy: Slow Democratic Change. 1935 C. Is There Common Ground for Reproductive Change?. 1943 1. Highlighting the Larger Context of Abortion Restriction. 1951... |
2025 |
| Zaven (Z) Saroyan, Jennifer Mullenbach, Anna Ulrich |
DISCLOSURE AND DISCOVERY IN DEPENDENCY AND NEGLECT CASES |
54-FEB Colorado Lawyer 44 (January/February, 2025) |
This article discusses a new disclosure and discovery rule for child welfare cases. The rule is intended to better protect the interests of the parties in these cases and standardize disclosure and discovery procedures throughout the state. This year, the Colorado Supreme Court adopted Colorado Rule of Juvenile Procedure (Rule) 4.6, a new rule for... |
2025 |
| John K. Crawford |
DISENROLLMENT AS CITIZENSHIP REVOCATION: PROMOTING TRIBAL SOVEREIGNTY BY EMBRACING INTERNATIONAL NORMS |
134 Yale Law Journal 1359 (February, 2025) |
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. Tribal officials and members, advocates and journalists, and scholars and practitioners of federal Indian law typically understand disenrollment, which is when a tribe severs its... |
2025 |
| Chan Tov McNamarah |
ELIMINATION THROUGH EDUCATION |
54 Southwestern Law Review 248 (2025) |
Educators deputized as mandatory reporters of suspected changes in students' gender or sexual orientation are the latest salvo in the religious right's quixotic quest to resist queer equality in public schools--not to say, society. The newcomer is in good company. Since Anita Bryant first fomented anxieties with claims of classrooms as... |
2025 |
| Adam Ballout |
ENTERING THE MAZE OF CHILD PROTECTIVE SERVICES INVOLVEMENT AS A FAMILY LAW PRACTITIONER |
47-SPG Family Advocate 6 (Spring, 2025) |
Most of the general public knows that when they see the flashing lights of a police car in their rearview mirror, regardless of how they feel about the situation, they need to pull over and have a civil interaction. Most people also know that if they do not their current situation is about to become a whole lot worse. Unfortunately, for many... |
2025 |
| Yvette Butler |
EPISTEMIC APPROPRIATION, CRITICAL DEFANGING, AND LESSONS FOR A RESPONSIVE NEW RECONSTRUCTION |
105 Boston University Law Review 1239 (May, 2025) |
C1-2Contents Introduction. 1240 A. What Fantasy Action RPGs Can Teach Us About Liberation, Epistemology, and Law. 1241 B. Wisdom, Purpose, and Liberation Guide Justice. 1244 I. The Cycle of Epistemic Oppression Undermines Cocreating Liberatory Futures. 1246 A. Epistemic Appropriation: Hair Braiders and Admissions. 1249 B. Applying the Concept of... |
2025 |
| Neoshia R. Roemer |
EQUITY FOR AMERICAN INDIAN FAMILIES |
109 Minnesota Law Review 1713 (April, 2025) |
For the better part of two centuries, the cornerstone of federal Indian policy was destabilizing and eradicating tribal governments. In the process, federal Indian policy also dismantled American Indian families via child removal. Attempting to equalize American Indians through the practice of assimilation, decades of Indian child removal policies... |
2025 |
| Kristina McLaughlin |
ESTABLISHING A "DUTY TO NOT DESTROY": USING FIDUCIARY DUTY TO HOLD SETTLER-COLONIAL STATES RESPONSIBLE FOR CULTURAL AND LINGUISTIC HARMS COMMITTED AGAINST INDIGENOUS STUDENTS AT GOVERNMENT-RUN BOARDING SCHOOLS |
34 Minnesota Journal of International Law 299 (Spring, 2025) |
The United States is the last of the archetypal settler-colonial nations to address the atrocities committed against indigenous attendants of government-run boarding schools. In the other settler-colonial states (Canada, New Zealand, and Australia), plaintiffs have asserted violation of fiduciary duty claims to hold the government accountable for... |
2025 |
| |
EXCERPTS FROM THE NEW RESTATEMENT OF THE LAW, CHILDREN AND THE LAW |
58 Family Law Quarterly 177 (2024-2025) |
©2025 BY THE AMERICAN LAW INSTITUTE All rights reserved This material was adopted and promulgated by The American Law Institute subject to any general, nonsubstantive edits that may be required before publishing. The following material is included here: Table of Contents § 2.07. Physical Neglect (black letter and Comment) § 2.21. Standard for... |
2025 |
| Pai Liu |
EXPANDING THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT TO THE U.S. TERRITORIES |
27 NYU Journal of Legislation and Public Policy 869 (2024-2025) |
The U.S. Native American Graves Protection and Repatriation Act (NAGPRA) protects cultural objects and human remains of federally recognized Indian tribes, Native Hawaiians, and Native Alaskans. However, NAGPRA does not apply outside the fifty states, meaning indigenous people in the U.S. Territories are not covered by this landmark legislation.... |
2025 |
| Dan Lewerenz |
FEDERAL INDIAN LAW IN A TIME OF JUDICIAL SELF-AGGRANDIZEMENT |
77 Stanford Law Review Online 121 (June, 2025) |
The Supreme Court is accumulating power. Call it concentrating power in the court, a judicial power grab, or (as a growing number of scholars are calling it) judicial aggrandizement or judicial self-aggrandizement. Each of these ideas describes a Supreme Court that is upsetting accepted notions of the separation of powers--accumulating... |
2025 |
| Angela R. Arkin |
FILLING THE JUSTICE GAP |
54-OCT Colorado Lawyer 32 (September/October, 2025) |
This article outlines the qualifications for licensed legal professionals and explains how they can help fill the justice gap. In Colorado, as in many states, the need for legal services for low- to moderate-income residents has outpaced the resources currently available. This challenge has persisted for unrepresented litigants in domestic... |
2025 |
| |
FOURTEENTH AMENDMENT -- DUE PROCESS -- HABEAS CORPUS -- ANDREW v. WHITE |
139 Harvard Law Review 313 (November, 2025) |
Women face distinct challenges throughout the justice system. Among many other inequities, prosecutors frequently employ sexual stereotypes against female defendants, especially in capital cases. Prevailing law sets a high bar for federal courts to grant writs of habeas corpus to defendants convicted in state criminal proceedings. While the Eighth... |
2025 |
| Jennifer Grubman |
FROM ONE STOLEN GENERATION TO ANOTHER: REPLICATING TREVORROW IN AMERICAN COURTS |
8 Cardozo International & Comparative Law Review 805 (Summer, 2025) |
I. Introduction. 806 II. Background. 810 A. The United States. 810 i. General Trust Responsibility. 810 ii. Specific Trust Responsibility. 813 B. Australia. 816 i. The High Court's Exploration of a Fiduciary Relationship between the Crown and Indigenous Nations. 816 ii. The Stolen Generations Litigation and the Success of Trevorrow. 817 III.... |
2025 |
| Kathleen A. Hogan |
FROM THE EDITOR IN CHIEF |
47-SPG Family Advocate 4 (Spring, 2025) |
The field of family law is much broader than just divorces, child custody proceedings and the desires and claims of the adult participants. In a very significant number of situations, the rights and the needs of children also come into play. The Board of Editors has turned the focus for this issue on the proceedings and principles that arise in... |
2025 |
| M. Alexander Pearl |
HOMELANDS NOT GRAVEYARDS |
71 UCLA Law Review 1706 (July, 2025) |
Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court's decision in Arizona v. Navajo Nation is no different. This Article examines that decision and situates it within that legal history as well as the realities of present-day... |
2025 |
| Ernestine Gray |
HOW CHILD WELFARE ATTORNEYS CAN HELP REFORM THE SYSTEM |
47-SPG Family Advocate 22 (Spring, 2025) |
The more things change, the more they remain the same. --French Novelist Jean-Baptiste Alphonse Karr This sentiment rings true in the realm of child welfare. Despite ongoing efforts and reforms, systemic challenges persist. During his presidency, Herbert Hoover emphasized the importance of investing in children, famously declaring that children... |
2025 |
| Katrina Zhu |
HOW DOES AN IMMIGRANT BECOME AN "AMERICAN"? EXCLUSION AND ASSIMILATION IN U.S. NATURALIZATION LAW |
72 UCLA Law Review 298 (May, 2025) |
Ugly fears of unassimilated immigrants have persisted throughout American history, influencing immigration law for centuries. From Chinese exclusion in the late 1800s, to President Trump's Muslim ban in 2017, to his continued emphasis on securing our borders today, American history is rich with examples of exclusionary immigration policies. Though... |
2025 |
| April Shaw |
HOW STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE FUELS STRUCTURAL RACISM AND UNDERCUTS EFFORTS TO ACHIEVE RACIAL HEALTH EQUITY |
17 Northeastern University Law Review 75 (May, 2025) |
C1-2Table of Contents Abstract 79 Introduction 81 I. A Brief Overview of the Supreme Court's Affirmative Action Jurisprudence Prior to SFFA 88 II. SSFA: A Radical Departure from Precedent 94 A. Compelling Interest 94 B. The Zero-Sum Model 97 C. Denial of Structural Racism and its Impacts 100 III. SSFA's Health Impacts on Communities of Color 106 A.... |
2025 |
| Kimberly Mutcherson |
HOW TO GET FREE IN A TIME OF RETRENCHMENT: QUEERING REPRODUCTIVE JUSTICE: AN INVITATION. BY CANDACE BOND-THERIAULT. STANFORD, C.A.: STANFORD UNIVERSITY PRESS. 2024. PP. XIV, 260. $110.00. LIBERATING ABORTION: CLAIMING OUR HISTORY, SHARING OUR STORIES, AND |
138 Harvard Law Review 1769 (May, 2025) |
Queering Reproductive Justice and Liberating Abortion are not books of theory. I want to make this clear from the start because the work of queering a topic can sometimes be followed by paragraphs filled with words like deontological, epistemic, and discursive (not that there's anything wrong with those words). The work that the author of... |
2025 |
| Hannah Honeycutt, Olivia S. Jones, EXECUTIVE DIRECTOR, SC ACCESS TO JUSTICE COMMISSION, EXECUTIVE DIRECTOR, SC BAR FOUNDATION |
I WILL ASSIST |
36-MAY South Carolina Lawyer 24 (May, 2025) |
In 2021, the SC Access to Justice Commission, the SC Bar, and the NMRS Center on Professionalism at USC School of Law commissioned South Carolina's first-ever Statewide Civil Legal Needs Assessment. The resulting report is both comprehensive and granular, giving us a deeper understanding of the legal needs of low- and moderate-income South... |
2025 |
| Megan Niemitalo |
IMMIGRATION, FEDERALISM, AND THE INVASION CLAUSES: WHO HAS A SEAT AT THE TABLE IN DISPUTES OVER THE STATE POWER TO REPEL "IMMIGRANT INVADERS" |
110 Minnesota Law Review 1015 (December, 2025) |
In Arizona v. United States, the Supreme Court famously invalidated an Arizona statute that criminalized immigration violations and empowered state officials to enforce immigration law. Arizona seemed to settle the issue of whether states can regulate immigration for the following decade. In the last year, however, questions around the division of... |
2025 |
| Jacob Schuman |
INDIAN COUNTRY SUPERVISION |
100 New York University Law Review 1148 (October, 2025) |
In 2023, the Department of Justice published its first-ever report on demographic disparities in revocations of community supervision, a critical yet under-studied part of the federal criminal justice system. The report revealed extreme and systematic disparities affecting American Indian defendants. Compared to other groups, American Indians were... |
2025 |
| Aila Hoss |
INDIGENEITY, DATA GENOCIDE, AND PUBLIC HEALTH |
110 Iowa Law Review 1139 (March, 2025) |
ABSTRACT: Public health datasets will often tell us nothing about Indigenous people. This type of data suppression has been described as data genocide and data terrorism, because it demonstrates the effort to erase Indigenous people. Even when data is available, Tribes and their partners are regularly denied access to public health data from other... |
2025 |
| Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez |
INDIGENOUS COMMUNITIES SUFFER MULTI-GENERATIONAL TRAUMA ("SUSTO") FROM THE TRAFFICKING AND SLAVERY OF NATIVE WOMEN AND CHILDREN |
27 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2025) |
L1-2Introduction . R32. I. Native Trafficking and Slavery Preceded European Arrivals. 2 II. European Enslavement and the Participation of Natives. 8 III. Contemporary Examination of the Trauma Suffered by Child Victims. 13 A. Types of Trauma, Effects, and Repeat Victimization. 15 B. Prevalence of Child Trafficking in the United States and Globally.... |
2025 |
| Diane Francis, Wenona T. Singel, Wayne Garnons-Williams |
INDIGENOUS RECONCILIATION AND DEVELOPMENT |
49 Canada-United States Law Journal 80 (2025) |
Mr. STEPHEN PETRAS: Alright, everyone. We're about to start our afternoon program with our first panel of the afternoon, which is Indigenous Reconciliation and Development. I'm going to introduce our moderator, Diane Francis, she'll introduce her panelists, and we'll begin the panel discussion. We're very happy to have Diane Francis with us. She's... |
2025 |
| Angela R. Riley |
INDIGENOUS RIGHTS TO CULTURE: WHAT'S NEXT? |
77 Stanford Law Review Online 161 (June, 2025) |
For more than two centuries, the United States has maintained--in law and in practice--a colonial system designed to destroy Indigenous peoples' culture. My work has explored this phenomenon from a property lens, explaining how attacks on Indigenous cultures traverse and encompass all categories of property, including real, tangible, and... |
2025 |
| Shemia Dillard , Aubrey Edwards-Luce , Alejandra Gomez |
INSULT TO INJURY: HOW AGENCIES IGNORE THE RIGHTS OF YOUTH WHO AGE OUT OF FOSTER CARE |
50 Human Rights 12 (March, 2025) |
Youth who age out of foster care have experienced a double marginalization that can best be described as a violation of their human rights. Each year, 20,000 youth exit foster care without a forever family--marking the concluding failing point of government agencies that continue America's centuries-old practice of separating families in the name... |
2025 |
| Kim Hai Pearson |
INTERDICTIONS AGAINST CHILDREN'S HUMANITY |
54 Southwestern Law Review 265 (2025) |
In its traditional usage, oppression means the exercise of tyranny by a ruling group. Yet, oppression creates injustice in other circumstances as well. People are not always oppressed by cruel tyrants with bad intentions. In many cases, a well-intentioned liberal society can place system-wide constraints on groups and limit their freedom.... |
2025 |
| Mario L. Barnes , Osagie K. Obasogie |
INTRODUCTION TO THE SPECIAL ISSUE ON EMPIRICAL METHODS AND CRITICAL RACE THEORY |
59 Law and Society Review 231 (June, 2025) |
(Received 31 March 2025; accepted 31 March 2025) Keywords: empirical; methods; critical; race; theory Critical Race Theory (CRT) can be understood as an attempt to examine how race and racism are central rather than peripheral to law and legal thinking. Rather than viewing the long and ongoing story of race in American law as a series of... |
2025 |
| Gregory D. Smith |
IS SAYING "I'M SORRY" ENOUGH? A PRIMER ON HOW ATTORNEYS & JUDGES CAN ACT JUSTLY IN TRIBAL DISPUTES |
30 Texas Journal on Civil Liberties & Civil Rights 196 (Spring, 2025) |
Introduction. 196 I. Honor Over Politics. 198 II. Culture, Not Caricature. 201 III. Listen, Don't Lecture. 205 IV. Use the Right Tools. 209 Conclusion. 212 |
2025 |
| Adam Crepelle |
JUDICIAL IMPERIALISM: THE SUPREME COURT'S ASSAULT ON TRIBAL SOVEREIGNTY AND THE RULE OF LAW |
102 Washington University Law Review 1331 (2025) |
The rule of law requires predictability, and the rules governing Indian country create uncertainty. For example, determining whether a person can be arrested on a reservation depends upon a combination of whether the victim and perpetrators are Indians, the type of crime, and the status of the land where the incident occurred. The same goes for... |
2025 |
| Matthew Burnett, Rebecca L. Sandefur |
JUSTICE WORK AS DEMOCRACY WORK: REIMAGINING ACCESS TO JUSTICE AS DEMOCRATIZATION |
76 South Carolina Law Review 833 (Summer, 2025) |
In democracy, justice is supposed to be everyone's: everyday people are meant to participate meaningfully in shaping law's content, using its protections, and fulfilling the obligations it creates. Research demonstrates very clearly, however, that justice is not available to everyone. Global estimates suggest that over 5 billion people, nearly... |
2025 |
| Patrice Kunesh |
KEYNOTE SPEECH FROM THE 2025 INDIAN NATIONS GAMING & GOVERNANCE PROGRAM'S SYMPOSIUM: TRENDS & TRIUMPHS |
15 UNLV Gaming Law Journal 337 (Spring, 2025) |
Patrice H. Kunesh, of Standing Rock Lakota descent, has committed her career to public service, including several positions at the tribal, state, and federal levels. Kunesh began her legal career at the Native American Rights Fund, where her work centered on jurisdiction and natural resources, nation building, and Indian child welfare matters. She... |
2025 |
| Brenda L. Wahler |
KINSHIP PLACEMENTS IN CHILD PROTECTION CASES |
47-SPG Family Advocate 31 (Spring, 2025) |
When children are removed from their birth parents by child protection services (CPS), the factor most important to the children themselves is where they are placed. Kinship placements are given priority in most state and federal law. However, placement with outside third parties is still common, sometimes for defensible reasons, but other times as... |
2025 |
| Kyra Easton |
LEGAL OBSTACLES TO SEATING A CHEROKEE DELEGATE IN CONGRESS |
65 South Texas Law Review 23 (Fall, 2025) |
I. Introduction. 23 II. The Treaty of New Echota. 25 A. History. 25 B. Treaty Rights of Other Tribes. 26 III. Legal Challenges. 28 A. Abrogation. 28 B. Execution. 31 C. Equal Protection. 34 1. Non-Tribal Voters. 34 2. Non-Cherokee Tribe Members. 40 3. Justiciability. 43 4. Liability. 45 IV. Effects. 46 A. The Ratcheting Problem. 46 B. Impact on... |
2025 |
| Herb Yazzie, Raymond Deal, Josephine Foo, Michael Hamersky, Roman Bitsuie, Gloria Dennison, Thomas Bourgeois, Therese Tuttle, Samantha Blend, Lauren Palmer, Elena Bonetti |
LIVE, WORK, GOVERN USING DINÉ FUNDAMENTAL LAW |
53 Urban Lawyer 17 (January, 2025) |
This article is made possible by the generous support of the American people through the United States Department of Agriculture (USDA) via an award from the National Cooperative Business Association CLUSA International (NCBA CLUSA) to Indian Country Grassroots Support in collaboration with the Elisabeth Haub School of Law at Pace University. The... |
2025 |
| David C. Scott |
MAKING SPACE FOR SACRED LANDS: FROM THE HARSH GLARE OF LYNG TO APACHE STRONGHOLD |
21 Stanford Journal of Civil Rights & Civil Liberties 194 (August, 2025) |
Federal courts have routinely held--under the Free Exercise Clause and Religious Freedom Restoration Act (RFRA)--that government actors operating on government-owned land may desecrate, destroy, modify, or restrict access to landmarks that are sacred to Native American tribes, even if doing so would virtually destroy the tribes' ability to... |
2025 |
| Riley T. Keenan |
MINIMAL JUSTICIABILITY |
109 Minnesota Law Review 1653 (April, 2025) |
Federal courts adjudicate only justiciable disputes. But justiciable as to whom? The Supreme Court has hinted at an answer, holding that at least one plaintiff must show standing for each remedy sought in a federal case. But it has never explained this one-plaintiff rule, and recently some scholars have criticized it, arguing that Article III... |
2025 |
| James G. Dwyer |
MIRED IN MEYER'S MISCHIEF A CENTURY AFTER FABRICATION OF CONSTITUTIONAL PARENTS' RIGHTS |
26 Journal of Contemporary Legal Issues 107 (2025) |
C1-2Table of Contents Introduction. 107 I. Extreme Judicial Activism in Meyer and Pierce. 108 II. Right Result?. 116 III. Right Framework?. 123 A. Transforming Parents' Status. 126 B. Transforming the State's Role. 139 IV. What Meyer Should Have Said. 143 |
2025 |