I served with Judge Neil Gorsuch on the Court of Appeals for the Tenth Circuit for over three years, before I left the bench to teach constitutional l ...

Today, scholars of federal Indian law regard the propriety of different legal instruments establishing reservations to be a vestigial question. We are used to a federal Indian law where we may safely ...

There is something irritatingly wrong with Indian law practice at the Supreme Court. Oral argument at the Supreme Court is a bitterly unpleasant affai ...

Big data is transforming individual privacy—and not in equal ways for all. We are increasingly dependent upon technologies, which in turn need our personal information in order to function. This ...

Montana v. US is a case about tribal civil jurisdiction. Yet it has had a second life in a surprising context: federal statutes of general applicability that do not mention tribes. This Comment ...

McBratney and Draper judicially pierced the Tribal-federal enclave and categorically injected state authority onto Tribal lands. States retain exclusive jurisdiction over non-Indians who victimize non ...

In this response, I suggest that while Khan and her co-authors are on the right track, even their ambitious vision may not be ambitious enough. The problem with the notice and consent paradigm isn’t ...

Aditya Bamzai and Peter Shane trace the enduring debate of the President’s removal power. Together they provide a comprehensive yet succinct history ...

Immigration detention in the U.S. is civil confinement for which the officially stated purpose is to facilitate the removal of individuals who do not have permission to remain in the country. With ...

A striking feature of proceedings at the Foreign Intelligence Surveillance Court (FISC) is that the executive always wins. Between 1979 and 2012—the ...

This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...

To make matters worse, when a woman does report harassment in the workplace and experiences retaliation, her claim often fails. Section 704(a) of Title VII states: A. Changes to Anti-Retaliation Law ...