Aug 4, 2026 Bethany BergerLexNative Peoples Law
Native people’s citizenship is in the news. In its attacks on birthright citizenship, the Trump administration argues that because “Indians in tribal relations” were not citizens under the original understanding of the Citizenship Clause, children of undocumented or temporarily present immigrants are not either. These claims rely on egregious distortions of history and law.
The contemporary debates, however, reflect little about how Native people viewed citizenship in the decades before, in 1924, Congress statutorily extended citizenship to all “Indians born within the territorial citizenship of the United States.” The answers are complex and varied. In Indians Now Taxed, Professor Lisa Teeters Knolle has opened a new and important window on Native citizenship. The article also sheds new light on the sad history of allotment, the federal policy that deprived tribal nations of most of their remaining lands, and particularly the way it pitted homesteading settlers against the Native people whose land they occupied. Continue reading "Native Citizenship through a Different Lens"
Aug 3, 2026 Eli WaldLegal Profession
Andrew Perlman,
Generative AI and the Future of Legal Scholarship (June 2026 edition), available at
SSRN (June 9, 2026).
Crisis claims, especially around disruptive technological innovation, tend to sell well, but are often overstated. This is true in general (the e-reader, which used to be a thing, before tablets and smart phones, was not the end of printed books), and in the practice of law (AI has not ended lawyering and the legal profession), notwithstanding popular assertions to the contrary. A new article prompted by Dean Andrew Perlman and written by Anthropic’s large language model Claude claims AI has just about ended or forever changed legal scholarship as we know it. And it may not be overstating things.
In December 2024, Andy Perlman prompted ChatGPT to write an article about Generative AI and the future of legal scholarship. The result was striking. Although the work product read more like an outline than an article and was not very interesting, it established that AI could (almost) write a law review article. In June 2026 Dean Perlman repeated the exercise, finding that “the output appears considerably more impressive. . . [T]he quality of the ideas and prose are, in my opinion, far stronger than the prior effort.” (P. 1.) Continue reading "The End of Legal Scholarship?"
