Abstract The Reconstruction Era has garnered renewed attention from legal historians and scholars of the critical race tradition. Yet Reconstruction’s central institutional actor, the Freedmen’s Bureau—a federal agency created to aid emancipated...
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...
Ugly fears of unassimilated immigrants have persisted throughout American history, influencing immigration law for centuries. From Chinese exclusion in the late 1800s, to President Trump’s Muslim ban in 2017, to his continued emphasis on securing...
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...
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...
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...
