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Landback as Federal Policy

Abstract Demands for the return of land to tribal nations have become much louder and more compelling in recent years. While “landback” has been part of federal policy for nearly a century, lawmakers and presidents from both parties have embraced...

Major Questions in the Plenary Power Domain

Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration...

Privacy and the Impossibility of Borders

This Article argues that a meaningful conception of privacy renders borders illegitimate. For those present in a nation state without legal authorization, pursuit of their basic rights carries the real risk that identifying information collected...

Relational River: Arizona v. Navajo Nation & the Colorado

It is not every day the U.S. Supreme Court adjudicates a case about the water needs and rights of one of the Colorado River Basin’s thirty tribal nations and the trust relationship shared by that sovereign with the United States. Yet just that...