Indian Law

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Comment
Volume 92.5
Leveraging the Federal Trust Responsibility to Safeguard Net Neutrality on Tribal Lands
Morgan O. Schaack
B.A. 2023, University of California, Los Angeles; J.D. Candidate 2026, The University of Chicago Law School.

I would like to thank Professor Sarah Konsky and the editors and staff of The University of Chicago Law Review for their invaluable input.

The internet plays a crucial role in modern life; however, equal access to it is not guaranteed. Drawing on existing tribal spectrum sovereignty arguments, Morgan Schaack writes that the control exercised by the FCC’s licensing of the electromagnetic spectrum and language common in many tribal treaties create a tribal access right to spectrum under the trust responsibility. Framing this access to spectrum as a trust-protected resource, the Comment situates allowing tiered internet service in the absence of net neutrality as a violation of the government's obligations under the trust responsibility.

Communications Law Indian Law Technology
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Article
v88.2
The Missing Indian Affairs Clause
Lorianne Updike Toler
Olin Searle Fellow, Yale Law School’s Information Society Project.

This Article is dedicated to my former law professor, Larry Echo Hawk, a member of the Pawnee Nation and Assistant Secretary of the Interior for Indian Affairs for President Barack Obama. I am greatly indebted to those who have provided helpful insights and comments on earlier drafts and underlying research, including Akhil Amar, Jack Balkin, William Baude, Steve Calabresi, Bradford Clark, Nicholas Cole, William Ewald, Lawrence Friedman, Shlomo Klapper, David Landau, Soren Schmidt, Michalyn Steele, Larry Solum, and Kevin Worthen. I thank my parents, John B. Updike and V. Lauri Updike, for acting as technical editors, and the very able editors of The University of Chicago Law Review. My heartfelt thanks also goes to Lee Arnold at the Historical Society of Pennsylvania for providing access to James Wilson’s Papers and particularly his drafts of the Constitution, and to Julie Miller, Julie Biggs, and Jennifer Evers from the Conservation Division of the Library of Congress for providing images and doing further forensic research of Randolph’s sketch. Finally, my thanks go to the indispensable Yale Law librarians, who never cease to lend valuable and timely assistance.

Billy Jo Lara, a Turtle Mountain Native American, struck a federal officer on the Spirit Lake Reservation.

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Comment
87.6
The Scope of Tribal Immunity in Real Property Disputes
Sean Frazzette
AB 2016, Harvard College; JD Candidate 2021, The University of Chicago Law School.

I would like to thank Professor William Baude and the editors and staff of The University of Chicago Law Review for their thoughtful advice and insight.

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