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PREVIEW—United States v. Cooley: What Will Happen to the Thinnest Blue Line?
Full text linkThe Supreme Court of the United States ( Supreme Court ) will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has broad implications
Morrow v. Bank of America, \u3cem\u3eFurther Developments in Consumer Law in Montana, and Their Impact on Consumers in the Age of COVID-19\u3c/em\u3e
Full text link\u3cem\u3eIs the CFPB Still on the Beat? The CFPB\u27S (Non)Response to the COVID-19 Pandemic\u3c/em\u3e
Full text link\u3cem\u3eBad Apples or a Rotten Tree: Ameliorating the Double Pandemic of COVID-19 and Racial Economic INEQUALITY\u3c/em\u3e
Full text link\u3cem\u3eWhen the Police Must Retreat: Deadly Force and the Logic of Necessity\u3c/em\u3e
Full text link\u3cem\u3eThe Erosion of Equity and the Attack on the FTC\u27s Redress Authority\u3c/em\u3e
Full text linkMcGirt Policy Briefs: Cultural Resources
Full text linkOn July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s majority reaffirmed that nearly all of eastern Oklahoma remains Indian Country. The governments of those Five Tribes now face the practical challenges posed by reclaiming territorial sovereignty mostly denied to them for over a century
Antiracism, Reflection, and Professional Identity
Full text linkIntent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal professional identity. Fortunately, developing a legal antiracist identity does not require inventing a new approach. Rather, infusing reflective practice with critical race consciousness provides a sound basis from which to launch a new effort to develop the next generation of antiracist lawyers
