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.

read more

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

read more

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.

read more

Cedar Point Nursery and the End of the New Deal Settlement

The United States Supreme Court case Cedar Point Nursery v. Hassid has sparked intense criticism, with critics arguing that the decision threatens to transform the law of property rights so as to “hobble” government land use regulation and even undermine democracy. This Article explains why the objections of Cedar Point’s detractors are misplaced and that it is best understood as another step in the normalization of property rights.

read more