Posts Tagged ‘Indian tribes’

August 24 roundup

  • Ingenious tactic to get bad review off search engines: arrange and win a pretend lawsuit in some other state [Paul Alan Levy]
  • Law professor proposes to give out tax breaks based on race. Constitutional problems with that? [Caron/TaxProf]
  • $2,250 for the legal right to thread existing barrels: presidential order expands definition of “manufacturer” under arms treaty, which leaves some gunsmiths nervous [The Truth About Guns]
  • Political corner: Michael Greve reacts to Jonathan Rauch’s Atlantic article, “How Did Our Politics Go Insane?” [Liberty and Law] And for those following my commentary about the Gary Johnson campaign (see earlier), I’ve got a piece at Cato on his rocky relations with conservatives as well as a letter to the editor at the Baltimore Sun;
  • On Naomi Schaefer Riley’s new book, The New Trail of Tears: How Washington Is Destroying American Indians [Carla Main, City Journal; Chris Edwards]
  • But which way would the causation run? Econometric analysis finds “EU membership is positively associated with economic freedom.” [EPI Center] Will Brexit promote freer outcomes in areas like agricultural subsidy, or simply a return to national protection? [Simon Lester, Cato]

Indian Child Welfare Act symposium at Cato Unbound

I’m one of four participants in a symposium at Cato Unbound this month on the Indian Child Welfare Act. Timothy Sandefur (Goldwater Institute) writes the principal paper to which I respond; other responders include Profs. Matthew L. M. Fletcher (Michigan State) and Kristen Carpenter (Colorado). Earlier coverage of the Indian Child Welfare Act here. Excerpt from my contribution:

Someday we might want to design a legal regime that minimizes state intrusion into families, limits the discretion of faraway bureaucrats, and empowers parents by clarifying their rights. But ICWA sure isn’t it. It’s a power play that’s meant to serve the interests of one governmental actor on the scene, the tribe. It regards children and parents as tribal resources to be conscripted, and it designates a vastly overbroad group of children to grab as “Indian children,” the better to maximize resource intake.

Constitutional law roundup

  • Ilya Shapiro on round II of Fisher v. University of Texas, the racial preferences case [Pope Center]
  • “Supreme Court Endorses Tribal Courts; Bad News For Corporate Defendants?” [Daniel Fisher on Sixth Amendment case U.S. v. Bryant]
  • “Is The Consumer Financial Protection Bureau Unconstitutional?” [Susan Dudley]
  • “Dueling perspectives on Lochner v. United States” [Andrew Hamm, SCOTUSBlog on Paul Kens vs. Randy Barnett debate, earlier]
  • First Amendment and commercial speech: “Crazy Law Allows ‘Discounts’ for Cash but Not ‘Surcharges’ for Credit” [Ilya Shapiro on Expressions Hair Design case]
  • Who ‘ya gonna call if you need a Third Amendment lawyer? [humor]

May 12 roundup

April 6 roundup

  • Do lawyers find ways to litigate over the effects of the leap day, Feb. 29, that is inserted into the calendar every four years? Glad you asked [Kyle White, Abnormal Use]
  • Weren’t regulations supposed to have fixed this, or is it that accommodation rules for air transport are legally separate from those for ordinary commerce? “More flights seeing odd animals as emotional support companions” [WHIO]
  • Tiny desk and art magnets: Zen Magnets wins partial but important legal victory against Consumer Product Safety Commission (CPSC) [Zen Magnets, Nancy Nord, earlier]
  • Federal government, which has passed no law on private-sector LGBT bias, considers withholding funds to punish North Carolina for declining to have one [New York Times; earlier on Obama EEOC’s wishful effort to generate such coverage through reinterpretation of other law]
  • Spirit of trade barriers: Nevada workers walk off job to protest use of workers from other U.S. states [Alex Tabarrok] Expansion of foreign trade “has revealed, not created, problems in the American economy” [Scott Lincicome] More: “Limiting trade with low-wage countries as severely as Sanders wants to would hurt the very poorest people on Earth. A lot.” [Zack Beauchamp, Vox; related Jordan Weissmann, Slate (what Sanders told NYDN “should be absolutely chilling to the developing world… inhumane”)]
  • Latest ICWA (Indian Child Welfare Act) cause célèbre is over 6-year-old Lexi, whose world is getting upended because of her 1.5% Choctaw descent (a great-great-great-great grandparent on her father’s side) [Christina Sandefur/Federalist Society blog, Naomi Schaefer Riley, New York Post earlier generally on ICWA and in my writing at Reason and Cato on the Adoptive Couple case]

March 23 roundup

  • Never know who’ll benefit: supersedeas appeal bond limits, sought by tort reformers, may now save Gawker from ruin [WLF, earlier] Plus a Florida appellate court ruling on newsworthiness, and other reasons the scurrilous media outlet is hoping for better luck on appeal if it can get past the bond hurdle [Politico New York]
  • Governance in Indian country: Native American lawyer Gabe Galanda disbarred by Nooksack tribe while fighting disenrollment of some of its members [Seattle Times, followup (tribal judge rules due process was lacking, but in so doing, as employee serving at tribe’s pleasure, “potentially left herself open to being fired”)]
  • Revenge of the broken-winged pterodactyl: Maryland Democrats accuse each other of complicity in gerrymander in fight for Van Hollen’s House seat [me at Free State Notes]
  • Oh, DoJ: “enforced donation to ‘public service’ organizations that just happen to support the ruling party’s goals” [Jeb Kinnison citing this post of ours on mortgage settlements]
  • “Trump’s long trail of litigation” [Brody Mullins and Jim Oberman, WSJ; our earlier here, here, here, etc.]
  • Lansing prosecutor, an “outspoken advocate for ending human trafficking and prostitution,” now facing charges of go ahead and guess [WILX; our Eliot Spitzer coverage]

Supreme Court and constitutional law roundup

  • Constitutional right to teach children in a foreign language: the story of Meyer v. Nebraska, 1922 [Dave Kopel]
  • Court to address Indian law issues in three cases this term: right of counsel in tribal courts, conditions of removal from tribal to federal courts, tax authority on former tribal land [Daniel Fisher]
  • As constitutional conservatives go, Rand Paul and Ted Cruz are at odds on Lochner. Why that’s important [Roger Pilon]
  • 2013 Kiobel v. Royal Dutch Shell decision hasn’t killed off Alien Tort cases, especially not in Ninth Circuit [Julian Ku/Opinio Juris on rejection of certiorari in Doe v. Nestle, background John Bellinger/Lawfare]
  • Textbook-resale case from 2013 term, Kirtsaeng v. John Wiley & Sons, is coming back for a ruling on fee award standards in copyright cases [ArsTechnica]
  • High court will review federal court’s jurisdiction to resuscitate denied class certification [Microsoft v. Baker, Ninth Circuit ruling; Fisher]
  • “Maryland Attorney General Brian Frosh: If You Don’t Want To Be Tracked, Turn Off Your Phone” [Motherboard/Vice on stingray surveillance]

George Will on the Indian Child Welfare Act

“Identity politics can leave a trail of broken bodies and broken hearts… [ICWA treats] children, however attenuated or imaginary their Indian ancestry, as little trophies for tribal power.” George Will (alternate link) on a law I’ve also written about, the Indian Child Welfare Act:

The act empowers tribes to abort adoption proceedings, or even take children from foster homes, solely because the children have even a minuscule quantum of American Indian blood. Although, remember, this act is supposedly not about race….

In final adoption hearings in Arizona, a judge asks, “Does this child contain any Native American blood?” It is revolting that judicial proceedings in the United States can turn on questions about group rights deriving from “blood.”… This is discordant with the inherent individualism of the nation’s foundational natural rights tradition, which is incompatible with the ICWA. It should be overturned or revised before more bodies and hearts are broken.