Preemption, Commandeering, and the Indian Child Welfare Act
The Supreme Court has agreed to review constitutional challenges to the Indian Child Welfare Act brought by the State of Texas and three non-Indian foster families in the October 2022 Term. We argue that the anticommandeering challenges against ICWA are unfounded because all provisions of ICWA provides a set of legal standards to be applied in state which validly and expressly preempt state law without unlawfully commandeering the States’ executive or legislative branches.
Deputy Attorney General Lisa O. Monaco Delivers Remarks on Corporate Criminal Enforcement
On September 15, Deputy Attorney General Lisa O. Monaco delivered remarks on corporate criminal enforcement policy at an event hosted by the Program on Corporate Compliance and Enforcement at NYU Law.
Using Peacemaking Circles to Indigenize Tribal Child Welfare
This Article outlines the ways in which the modern tribal child welfare system has been structured to compartmentalize families and perpetuate historical federal policies of Indian family separation. This Article then suggests that circle processes are a framework for re-Indigenizing the tribal child welfare system to not just improve outcomes, but to also honor the interconnected, responsibility oriented worldview of Indigenous communities.
In Loco Parentis, the First Amendment, and Parental Rights—Can they Coexist in Public Schools?
A debate taking place throughout the United States in school board meetings, state legislatures, and the public square—is the simple question of what happens, from a legal perspective, when a parent drops their child off at a public school. This Article proposes a framework whereby in loco parentis and the constitutional rights of students and parents can coexist at public schools
Testimony before the Commission on Native Children
This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act.
Torts in the American Law Institute
This Article suggests that, in the domain of tort law, The American Law Institute has had important successes when proceeding in the manner of an appellate court, and has courted trouble when operating in the other modes.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.