2022 Yale Law Journal Student-Essay Competition
The Essays in this Collection won the sixth annual Yale Law Journal Student-Essay Competition. Essays by current and recent law students explore emerging issues in law and the changing natural environment.
The Power of Tribal Courts in Ongoing Environmental-Tort Litigation
The groundbreaking environmental tort-litigation across the country has overlooked the potential role of tribal courts. Using an original empirical analysis of over 300 cases, this Essay outlines tribal-court jurisdiction over environmental-tort cases in the wake of attacks on tribal sovereignty in the form of tribal jurisdiction stripping.
Remand Without Vacatur in a Changing Environment
A court reviewing unlawful agency action, in deciding whether to “remand without vacatur,” considers the two factors of legal deficiency and undue disruption. Surveying diverging approaches to balancing these factors in environmental cases, this Essay proposes a reframing of the test that draws on parallels with preliminary relief.
Water Rights of Public Domain Allotments
This Essay argues that public domain allotments (PDAs) are Indian Country and entitled to federal reserved water rights. By comparing federal statutes creating allotments and using the Indian Canons of Construction, the Essay uses California as a case study to show that PDAs have rights to water outside state systems.