Indian Commerce Clause Archives - Independence Institute

The Fascinating Supreme Court Opinions in the Vaello Madero Case 0
- May 10, 2022
Justice Thomas puncture a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
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A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack 0
- April 7, 2022
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
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Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court 0
- April 3, 2022
The Constitution does not give Congress authority to regulate the adoption of children.
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II Senior Fellow Natelson’s Research Again Relied on by a Supreme Court Justice 0
- December 10, 2017
Rob’s research, published in the 2008 article, showed convincingly that Justice Thomas was right to be skeptical.
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A "Prestige Journal" Effort to Rebut Rob 0
- August 3, 2015
Most of the “prestige” law journals have shown no interest in publishing my articles, including those that later turned out to be influential. This is not surprising, since year after year those journals remain firmly in the hands of the legal Left. But the prestige journals have shown considerable interest in publishing articles that cite
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Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)0
- July 3, 2013
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than the sorrow of a child. The sorrow of a child—and of her adoptive parents—created one of the Supreme Court’s more compelling cases this term. I was happy to be cited extensively in one of the
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