Columbia Law Review -

Vol. 125 No. 8

Federal Indian Law
CLR Forum

THE THREE PHASES OF THE TRIBAL SELF-DETERMINATION ERA AND THE PHASE OUT OF FEDERAL PATERNALISM

Elizabeth Hidalgo Reese*

We commonly call the last fifty years of federal Indian law and policy the “tribal self-determination era.” This Piece argues that this era is actually three conceptually distinct though temporally overlapping phases of federal Indian law and policy development. Each of these three distinct phases is a step further dismantling the structures of federal paternalism and replacing them with laws and policies that support tribal nations’ strength,[...]

Corporate Law
Essay

PURPOSE AND NONPROFIT ENTERPRISE

Cathy Hwang* & Dorothy Lund**

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success[...]

Administrative Law
Article

GENERAL RULEMAKING GRANTS AND THE FEDERAL TRADE COMMISSION

Tamar Katz,* Alex Lloyd George,** Lev Menand*** & Tim Wu****

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability[...]

Localism
Article

PLACE, POWER, AND SCHOOL PUSHOUT: DEFENSIVE LOCALISM AND SCHOOL DISCIPLINE

Janel A. George*

Suspensions, expulsions, and school-based arrests: These exclusionary and overly punitive disciplinary responses disproportionately impact Black students and have become normalized throughout the nation. In reality, school pushout, or the disciplinary sanction of removing students from the classroom, contravenes the very purpose of public education to prepare children to engage as full citizens in our democratic republic.

This Article attributes[...]