Open Access. Powered by Scholars. Published by Universities.®
President/Executive Department Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in President/Executive Department
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
John C. Eastman
Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle
Exploring Alternatives To The "Consultation Or Consent" Paradigm, Jason Searle
Michigan Journal of Environmental & Administrative Law
The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.