Discussion (1L): Remedying Colonialism in U.S. Law

Catalog description

This discussion group will explore recent scholarly and judicial debates over how to address the ongoing harms of colonialism within the law of the United States. It will focus on two case studies: the question of so-called federal plenary power over Native nations and the constitutional status of the U.S. territories within federal law. We will examine recent U.S. Supreme Court rulings, including Haaland v. Brackeen, determining the constitutionality of the Indian Child Welfare Act; Vaello Madero, deciding whether Puerto Rican citizens are eligible to receive Supplemental Security Income benefits; and Fitisemanu v. United States, ruling whether the Constitution's Citizenship Clause mandates citizenship for residents of American Samoa. But we will also look beyond formal doctrinal questions to examine the underlying challenge of figuring out what decolonization and self-determination mean and might look like within the current landscape of U.S. law. Elements used in grading: Full attendance, reading of assigned materials, and active participation.