- Four views of the Trump conflicts plan [Milan Markovic/Legal Ethics Forum, Prof. Bainbridge, Andrew Grewal series, Max Kennerly, earlier on Morgan Lewis] And the paper that summarizes the views of President’s most vocal critics [Norman Eisen, Richard Painter, and Laurence Tribe, Brookings, earlier on Emoluments Clause]
- Five years after filing, Michigan consumer’s unusual suit against makers of Ryan Gosling movie ‘Drive’ grinds on [Eriq Gardner, Hollywood Reporter]
- A law unto themselves: Indian tribe expulsions and related governance issues can trample member rights [Brooke Jarvis, New York Times Magazine (“The ejection of tribal members is most prevalent in small tribes with casinos on their land”), earlier on Nooksack controversy]
- “The False Promise of ‘Buy American'” [Dan Ikenson, Cato]
- State travel sanctions against other states: a bad idea in themselves, an insult to constitutional comity, and inevitably a 2-way street [Samantha Allen, The Daily Beast]
- Obama HUD’s far-reaching AFFH (Affirmatively Furthering Fair Housing) scheme now being portrayed unconvincingly as just slight extension of earlier law [Vanessa Brown Calder]
Posts Tagged ‘Indian tribes’
November 2 roundup
- Clarence Thomas completes a quarter century of distinguished service on the Supreme Court, not that certain journalists will ever see past their loathing [Adam White, Weekly Standard; Ann Althouse]
- Hollywood actor’s lawsuit-related vengefulness against anonymous Twitter troll endures past death [Mike Masnick]
- United Nations panel: U.S. owes racial reparations [PBS]
- “Yesterday’s Antitrust Laws Can’t Solve Today’s Problems” [Tyler Cowen]
- “As a gay man, I’m horrified that Christian bakers are being forced to surrender their beliefs” [Neil Midgley, Telegraph on ruling by Belfast, Northern Ireland court of appeal]
- Another review of Naomi Schaefer Riley’s new book, The New Trail of Tears: How Washington Is Destroying American Indians [W. B. Allen, earlier] ABA Journal covers ongoing controversy over Indian Child Welfare Act (ICWA) [earlier]
September 7 roundup
- Bad Texas law requiring breweries to give away territorial rights for free violates state constitution, judge says [Eric Boehm]
- California’s identity theft statute bans so many more things than just identity theft [Eugene Volokh]
- Cato Unbound symposium on Indian Child Welfare Act/ICWA, to which I contributed, wraps up [Timothy Sandefur on sovereignty and fixes] Minnesota’s Indian foster care crisis [Brandon Stahl and MaryJo Webster, Minneapolis Star-Tribune]
- If you want to hear me translated into Arabic on bathroom and gender issues, here you go [Al-Hurra back in May]
- Asset forfeiture: “New Mexico Passed a Law Ending Civil Forfeiture. Albuquerque Ignored It, and Now It’s Getting Sued” [C.J. Ciaramella] “IRS Agrees to Withdraw Retaliatory Grand Jury Subpoena Against Connecticut Bakery” [Institute for Justice] “California Asset Forfeiture Reform Heading to Approval” [Scott Shackford]
- Evergreen: “‘I never thought leopards would eat MY face,’ sobs woman who voted for the Leopards Eating People’s Faces Party.” [Adrian Bott]
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, more: followup]
- 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
- “Days after Nooksack Judge Susan Alexander ruled against the tribal council, she was fired.” [Seattle Times, earlier]
- Alabama’s Roy Moore not a good exemplar of the rule of law, part 23 [Kyle Whitmire/AL.com, earlier]
- Failed small municipalities around St. Louis may need cleanup, yet consolidation is no cure-all either [Aaron Renn, Urbanophile]
- In doubly aggressive legal stance, Obama DoJ claims controversial North Carolina bathroom law violates federal law, threatens state with fund cutoff unless repealed pronto [Scott Shackford, Reason]
- “Vice Media Sends Cease And Desist To [Indie Rock Band] ViceVersa Over Trademark Infringement” [TechDirt]
- “Federal regulation is a hidden tax at nearly $15,000 per U.S. household each year.” [Wayne Crews, Competitive Enterprise Institute “Ten Thousand Commandments” for 2016; Ron Bailey on Mercatus study]
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]
Tribe: don’t put Navajo name on products without a license
Trouble ahead for Apache helicopters and Oneida silverware? Clothing retailer Urban Outfitters “is facing a lawsuit from the Navajo Nation for selling clothing and merchandise with patterns inspired by Native American designs and including the word ‘Navajo’ or ‘Navaho’ in the offerings.” [Timothy Geigner, TechDirt]