Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma
On July 9, 2020 the Supreme Court of the United States held that land in northeastern Oklahoma reserved for the Creek Nation since the 19th century remains a reservation for the purpose of a federal statute that gives the federal government exclusive jurisdiction to try certain major crimes committed by “[a]ny Indian” in “the Indian country.”
Accommodating a Massive Surge in Absentee Voting
This fall, most states are likely to see a massive surge in absentee voting. The significantly greater burdens absentee ballots impose on election administration, compared to in-person voting, are not widely appreciated.
Between the Facts and Norms of Police Violence: Using Discourse Models to Improve Deliberations Around Law Enforcement
This Article conjoins the sociolinguistic concept of discourse models with Jilrgen Habermas’s discourse theory of democracy to argue that restoring the legitimacy of police practice in the aftermath of police violence incidents requires monitoring and countering the discursive marginalization of community narratives indexed by transgressive discourse models.
The Plague of Excessive Force – Working Together to Find a Cure
This podcast episode of Reasonably Speaking’s “Coping with COVID” shifts attention from one pandemic to another, the plague of excessive force by police officers.
Voting in a Pandemic: COVID-19 and Primary Turnout in Milwaukee, Wisconsin
This article reports on the first study of the effect of the novel coronavirus SARS-CoV-2 (COVID-19) on voting behavior.
Pandemics and Inherent Tribal Powers
This short essay argues for tribal regulatory powers over nonmembers in Indian country during a pandemic. This should be an easy argument, but federal Indian law makes it more complicated than it should be.
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.