Cornell Law Review

Nicholas J. Nugent

Assistant Professor of Law, University of Tennessee. This Article benefited from presentations at New York University, Wake Forest University, the University of Arizona, the University of Richmond, and the Annual Meeting of the Association of American Law Schools in Washington, D.C. In addition to helpful comments from participants in those events, I would like to thank Joshua Fairfield, Aaron Perzanowski, Asaf Lubin, James Grimmelmann, Yaft Lev-Aretz, Maurice Stucke, Gregory Stein, and Gary Pulsinelli for their helpful comments and suggestions. Thanks to Daniel Mendoza for helpful research assistance and to the editors at the Cornell Law Review for fantastic work getting this Article into shape for publication.

Allyson E. Gold & Joseph A. Singleton

Allyson E. Gold is a Professor of Law at Wake Forest University School of Law. Joseph A. Singleton is the Health Law & Policy Fellow at Wake Forest University School of Law. Thank you to workshop attendees at the New York University Clinical Writers Workshop, the faculty of NOVA Southeastern Shepard Broad College of Law, and Association for Law and Property Scholars conference attendees for invaluable feedback. We are grateful to John Knox, Jessica Shoemaker, Jenny Russell, Hano Ernst, Michel Vols, and Rachael Walsh for extremely helpful comments and conversations.

Omri Marian

Professor of Law, University of California, Irvine School of Law. I received excellent written comments from Swethaa Ballakrishnen, Joshua Blank, Alex Camacho, Adam Chodorow, Bridget Crawford, Victor Fleischer, Sarah Lawsky, Leslie Samuels, Song Richardson, Gabe Roth, and Ari Waldman. Any errors or omissions are my own.

Jeena Patel

J.D. Candidate, Cornell Law School, 2026; B.A. in Political Science, Boston University, 2021. Firstly, the author thanks the editors and board members of Cornell Law Review. The author would like to thank Professor Robert Odawi Porter for teaching a life-changing course on Indigenous Law. The author would also like to thank Kathryn E. Fort, whose knowledge, insights, and passion for ICWA made this Note possible.

Meghan Brady-Fuchsman

J.D., Cornell Law School, 2026; B.S. in Policy Analysis and Management, Cornell University, 2023; Executive General Editor, Cornell Law Review Vol. 111.